2/2010 Sb.



DECREE



of 29 April 2004. December 2009,



amending Decree No. 312/2007 Coll., on content and other

elements of tests of insolvency administrators



The Ministry of Justice, in agreement with the Czech National Bank establishes

in accordance with § 37 para. 1 and 2 of Act No. 312/2006 Coll. on insolvency

managers:



Article. (I)



Decree 312/2007 Coll., on content and other constituent parts of the tests

insolvency administrators, shall be amended as follows:



1. in paragraph 3 of the text at the end of paragraph 1, the period is replaced by a semicolon and

following the words "the special insolvency trustee exam consists only

from the oral part. ".



2. In article 3, paragraph 3. 3 (b). (c)), the word "insolvency" shall be replaced by

"insolvency".



3. In article 3, paragraph 3. 4, the words "oral part of the special tests" shall be replaced by

the words "special test".



4. In paragraph 3, at the end of paragraph 4, the dot is replaced by a comma and the following

the letter e), which reads as follows:



"e) insolvency law.".



5. In section 3, the following paragraph 5 is added:



"(5) when a differential test, the insolvency practitioner will always find

knowledge of the field of insolvency law. ".



6. paragraph 6 is added:



"section 6



An invitation to the exam, stating the date, time and place of the written and

the oral test shall send to the Department of Justice (hereinafter referred to as

"the Ministry") applicants not later than three weeks before the date of the written

part of the exam, along with a call for payment of the fee for admission to the

the test. Alternate date will be determined in the case of candidates that properly

and a timely excuse under section 11 (1) 2. ".



7. the heading of section 7 reads: "the examination Board for the tests of insolvency administrators and

differential tests of insolvency administrators ".



8. in article 7, paragraph 1 reads:



"(1) the examination Board for the tests of insolvency administrators and differential

tests of insolvency administrators are five. The members of the examination Commission

appointed and recalled by the Minister of Justice from among the staff of the Ministry of

and other people. Members of the Commission must have completed higher education

Master's degree program in economics or in the field

rights. ".



9. in paragraph 7 the following new section 7a and 7b, which including the following titles:



"§ 7a



The examination Board for a specific test of insolvency administrators



(1) the examination Board for a specific test of insolvency administrators is

the seven-Member and is stable. The members of the examination Board for specific test

appointed and recalled by the Minister of Justice, two of the members in agreement with the

the Governor of the Czech National Bank. Members of the Commission must have completed

higher education in master study programme in the field of

Economics or in law.



(2) the examination Board for the special examination is a quorum, if

present at least 5 members.



(3) the decision of the examination Board for the special test must be approved by the

by an absolute majority of its members.



(4) the Chairman of the examination Board appointed and recalled by the Minister of Justice.



(5) the Chairman of the Evaluation Commission manages the examination process and is committed to its professional

level.



(6) the tenderer may be consulted in the course of a specific test, with the consent

President of the examination Commission to the AIDS referred to in § 9 para. 4.



section 7b



Bias on the part of members of the examination Committee



The members of the examination Commission shall have the right to communicate, and applicants

the Ministry no later than before the start of the tests the fact that

could lead to doubts about the impartiality of the members of the examination Board in the

relationship to the applicant. ".



10. in § 9 para. 4 the words "journals and book

literature ".



11. In article 11 (1) 2 the words "in the replacement deadline

the Ministry, in the invitation to the exam "are replaced by the words" in a different date

established by the Department. "



12. in article 11, paragraph 3 is added:



"(3) if the applicant is unable to attend due to serious reasons, within a specified

another date for the oral part of the exam and its absence within 10 calendar

days from the date of the oral tests of the Ministry in writing to apologise,

the exam can be done in spare time provided for by the Ministry.

If the candidate his non-participation in another term of the oral tests properly and

in time, with the degree of examination. ".



13. in section 12 paragraph 4 is added:



"(4) if the candidate when the oral part of the exam, do not retry

the tests shall be repeated and the written part, which passed successfully. ".



14. in § 13 para. 1 the letter i) deleted.



Subparagraph (j)) and to) are known as letters i) and (j)).



Article. (II)



The effectiveness of the



This Decree shall take effect on the date of its publication.



Minister:



JUDr. Kabelo in r.