219/2009 Sb.
LAW
of 17 May. June 2009,
amending Act No. 85/1996 Coll., on the legal profession, as amended
regulations, and some other laws
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on the legal profession
Article. (I)
Act No. 85/1996 Coll., on the legal profession, as amended by Act No. 210/1999 Coll.
Act No 120/2001 Coll., Act No. 6/2002 Coll., Act No. 229/2002 Coll.
Constitutional Court, declared under no. 349/2002 Coll., Act No.
192/2003 Coll., Act No. 235/2004 Coll., Act No. 283/2004 Coll., Act No.
555/2004 Coll., Act No. 205/2005 Coll., Act No. 79/2006 Coll., Act No.
312/2006 Coll., Act No. 296/2007 Coll., Act No. 254/2008 Coll. and act
No. 314/2008 Coll., is amended as follows:
1. In article 2 (2). 1 (b). (b)) item 1:
' 1. are nationals of a Member State of the European Union, the Contracting
State to the agreement on the European economic area or the Swiss
Confederation (hereinafter referred to as the "home State") or are nationals of
another State and are in one of the home countries permanently established, and ".
2. in article 2, the following paragraph 2a is inserted:
"§ 2a
Everyone has the right to free choice of a lawyer; This is without prejudice to the provisions of
§ 18 para. 2 and the special legislation regulating the provision of a lawyer
Court. ".
3. in § 5 para. 1 letter b) including the footnotes # 1b and 1 c is inserted:
"(b)) who earned a university degree in law
1. master's degree program studying at a University in the United
Republic ^ 1b), or
2. to study at a University abroad, where such education in
The Czech Republic is recognised as equivalent to the training referred to in paragraph 1 to the
the basis of the international agreements to which the Czech Republic is bound, or
where such education was recognized under a special legal
Regulation ^ 1 c), and at the same time such education corresponds to the content and scope of the
the general education that you can get the master's degree program in
the field of law at a University in the Czech Republic,
1B) of section 46 of Act No. 111/1998 Coll., on universities and amending and
supplement other laws (law on higher education), as amended
regulations.
1 c) section 89 of the Act No. 111/1998 Coll. ".
Footnote No. 1 c is referred to as a footnote
# 1 d, and including a reference to a footnote.
4. in § 5 para. 1 at the end of the text of the letter f), the words "and
insolvency proceedings, it was finally completed in this time ^ 1 d), ".
Footnote # 1 d:
"1-d) § 309 para. 4 of law No. 182/2006 Coll., on bankruptcy and how his
the solution (insolvency law). ".
Footnote # 1 d is referred to as a footnote
# 1e, and including a reference to a footnote.
5. § 5 para. 1 the letter g) is added:
"(g)) who is not in work or in the prison service, with the exception of
the employment relationship
1. a Chamber or a similar professional organization of lawyers in one of the
home States,
2. to advocate, to a legal entity under § 15 para. 1 (hereinafter referred to as
the "company"), or to a foreign legal person authorized to provide
legal services pursuant to § 35s para. 1 (hereinafter referred to as "foreign corporation"),
3. the object of which is the performance of scientific, educational, literary,
journalistic or artistic activities,
nor shall he exercise any other activity incompatible with the power of advocacy ".
6. in § 5 para. 1 letter h) is added:
"h) who passed the bar exam,".
7. in § 5 para. 1, letter h) the following new subparagraph (i)), which read as follows:
"and who has paid the fee to the Chamber), which provides for the regulation of the estates
a maximum amount of $ 10,000, and ".
The present letter i) is renumbered as paragraph (j)).
8. in § 5 para. 1 (b). j), the words "referred to in subparagraphs) to (h))"
shall be replaced by "referred to in subparagraphs)) to (i)".
9. in section 5a paragraph 2. 1, in section 5b of the paragraph. 1 and section 5 c, the words "in § 5 para. 1
(a). and) and d) to (g)) "shall be replaced by the words" in § 5 para. 1 (b). and) and d) to (g))
and i) ".
10. In paragraph 5, after the words "national of one of the home
States "the words" or of a national of another State permanently
established in one of the home Nations ".
11. § 5 d is added:
"§ 5 d
(1) the Chamber issues a lawyer no later than one week after the registration to the
the certificate of registration in the list of lawyers and identification
the lawyer's licence. Appearance, Essentials, features and how to use
identification card of a lawyer shall adopt detailed legislation. In
the certificate and identification card shall limit the lawyer's Chamber
the extent of provision of legal services under section 5a paragraph 2. 2.
(2) the certificate or identification card pursuant to paragraph 1 shall demonstrate
the lawyer permission to provide legal services.
(3) the first Chamber shall issue an identification card to the lawyer free of charge; for
release of the new identification card may Chamber of prosecutors
provide for a fee, with a maximum amount of $ 100. ".
12. In paragraph 5e, the words "within one week of the issue of certificates in accordance with § 5 d"
replaced by the words "within the period referred to in section 5 d of paragraph 1. 1. "
13. in section 6 paragraph 2 reads as follows:
"(2) in practice, worked as an associate is considered whether or not the practice of the judge,
the Prosecutor, the Prosecutor, the State arbitrator, the State notary
notaries, judicial, legal trainee trainee public prosecutor's Office,
arbitration, legal trainee trainee public prosecutor's Office,
notarial candidate and notarial bailiff bailiff, Attorney
the candidate and the bailiff, Attorney and the judge of the Constitutional Court
Assistant judge of the Constitutional Court or the Supreme Court or the Supreme
the Administrative Court, an Assistant Ombudsman, an Assistant judge and the
Assistant State Attorney, employee of the Ministry of
Justice, who earned a university degree in law
required pursuant to § 37 para. 1 (b). (b)), and that alone contributes to the
designing universally binding legal provisions; The Chamber may recognise as
legal practice trainee lawyers and other legal practice. ".
14. in section 7b of the paragraph. 1 (b). f), the words "legal persons established for the performance of
advocacy (§ 15) "shall be replaced by" of a company or foreign
the company ".
15. In § 8 para. 1 at the end of the text of subparagraph (d)), the words "; for
the same conditions, the Chamber removed from the list of lawyers who
the statutory body of the company or foreign company, or
the head of the branch of the foreign company, if the payment
According to § 30 para. 1 is required to this company or foreign
the company ".
16. In article 8b (1) (a). (b)), and g), the words "of a legal person established for
practice (section 15) "shall be replaced by" of a company or foreign
the company ".
17. in § 9 para. 1 (b). and) the words "employment or work relationship
or "be replaced by" or "employment.
18. in § 9 para. 2 (a). (c)), the words "legal persons established for the performance of
advocacy (§ 15) "shall be replaced by" of a company or foreign
the company ".
19. in paragraph 9a(1). 2 (a). and) the words "in the legal entity established for the
practice (section 15) "shall be replaced by the words" in society; the participation of the
lawyer in the foreign company shall not cease, if the legislation of the
Home State, in which it has a foreign company registered office, unless otherwise provided in
otherwise ".
20. In paragraph 9a(1). 2 at the end of the text of subparagraph (b), the words "paragraph).
1. "
21. in section 11 (1) 1 (b). (b)), the words "company under section 15
(hereinafter referred to as the "company"), or "shall be replaced by" of the company, or
companion to a foreign company, or ".
22. in article 11, paragraph 2, including footnote No 2:
"(2) the Chamber of Commerce maintains a list of associations, companies and foreign
companies; the provisions of the special legal regulations are not
without prejudice to the ^ 2).
2) section 27 of the commercial code. ".
23. section 12 reads as follows:
"section 12
(1) in the exercise of advocacy is an attorney required to use designation
"lawyer".
(2) the common name of the Association or of the business of the company shall
be clear that this is an association or society concerned with
activity is advocacy.
(3) the details of the application of the indications referred to in paragraph 1 and common
the name of the Association and the business of the company in accordance with paragraph 2 lays down the
the estates prescription; under the conditions laid down by the prosecutors are
the lawyer, an association or a company authorized to use the appendices
relating to the legal services provided.
(4) a lawyer providing legal services on behalf of the foreign company
According to § 35s uses the trade name or the name of the foreign
the company or its branches according to the entries in the commercial
Register. ".
24. in § 14 para. 1, after the words "advocacy in society"
the words "or in a foreign company."
25. in article 14, paragraph 3 shall be deleted.
Paragraphs 4 to 6 shall become paragraphs 3 to 5.
26. in § 14 para. 4, after the words "as a partner of the company"
the words "or as a companion to a foreign company."
27. in § 14 para. 5 is the number "5" shall be replaced by the number "4".
28. in article 15, paragraphs 1 to 3, including footnotes # 4a and 4b are inserted:
"(1) the Lawyers may pursue advocacy as companions of the public
the trading company, limited partnership or limited company
limited by the commercial code, if the business
such a society is only the power of advocacy and its partners are
only lawyers; the business public company may
be the pursuit of the activity of the insolvency administrator under a special legal
^ Regulation 4a).
(2) unless otherwise provided by this Act, shall apply to the company
the provisions of the commercial code.
(3) the lawyer is entitled to exercise the legal profession in the society to its
registration as a shareholder of the company in the commercial register and after registration
the repayment of the whole of its contribution to the share capital of the company to
commercial register ^ 4b); the lawyer permission to pursue in the meantime
the legal profession alone, in association or in another company that does not
without prejudice to the.
4A) Act No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended.
4B) section 36 (e). (b)), and (c)) of the commercial code. ".
Former footnote No. 4 c up to 4e shall be deleted and
footnote # 4f is referred to as a footnote No 4 c, and
including a link to a footnote.
29. in article 15, paragraph 2. 8, after the words "as a companion to other companies"
the words "or as a companion to a foreign company."
30. in article 15, paragraph 10, including footnote No 7 is deleted.
31. in paragraph 15a. 1, after the words "or to" the words
"or to a foreign company."
32. In § 15a paragraph 1. 2, the words "special legislation" ^ 7a) "
replaced by the words "labour code".
Footnote 7a is hereby repealed.
33. In paragraph 15a. 3, after the words "or one of" the words
"or one foreign company;".
34. section 15 c:
"§ 15 c
Damage caused to the employer in providing a lawyer employed by the
legal services pursuant to § 15a and 15b or in direct connection with him
the damage caused during the course of work; employed by the Attorney for the
This damage to the employer under the labour code ".
Footnote No. 7b shall be repealed.
35. the following section shall be added after paragraph 15 c 15 d up to 15f, which including the title of §
15E:
"section 15 d
(1) in the case that a lawyer who has pursued advocacy so far
separately, becomes employed by a lawyer, moving the date of
employment of his rights and obligations in relation to the
clients of his employer, unless it is a lawyer with a client in
the date of employment, or if the client fails to date of
employment of other measures. The lawyer is obliged to inform their
clients that will become employed by a lawyer, within 3 days from the date of
the conclusion of the employment contract, but not later than 15 days prior to the date of
of the employment relationship.
(2) the transfer of rights and obligations referred to in paragraph 1 is not
the obligation of a lawyer employed to compensation in accordance with § 24 para. 1,
as well as the obligation to return the goods, including money
provided by the client. Employers also do not cross more
the obligations and rights arising from the original contract between the
lawyer and client, if an employer as a result of their
the transition towards the lawyer obtains an advantage or a disadvantage for no reason
or if the fulfilment of these obligations was not possible after the employer
reasonably be required.
Permanent cooperation between lawyers
section 15e
(1) a solicitor, practising the legal profession alone, can provide
legal services for another lawyer practicing law separately,
for a company or foreign company, on the basis of the Treaty,
the continuous provision of legal services shall conclude with another lawyer,
companies or foreign companies (hereinafter referred to as the "agreement on a permanent
cooperation "). Permanent cooperation agreement must be in writing and
must not restrict the independence of the lawyer in the provision of legal services
According to § 3 (2). 1 and § 16.
(2) a solicitor, practising the legal profession alone, can provide
legal services lawyers in the Association, if it enters into a contract on a permanent
cooperation with at least one of the participants of the Association and the other participants
the association with the consent in writing.
(3) the provisions of § 19 is not the provisions of paragraphs 1 and 2.
(4) a lawyer providing legal services based on a contract on a permanent
cooperation (hereinafter referred to as "cooperating attorney") can work together
with only one lawyer or with one company or one
foreign companies or with one Association; the provisions of § 14 para.
5 this is not prejudice.
section 15f
(1) permanent cooperation agreement must contain
and) definition of the subject and scope of legal services provided by the
cooperating attorney,
(b)) the definition of relations and the method of coordination in the provision of
the legal services of the cooperating lawyer
(c)) the definition of the way in the provision of technical security material
the legal services of the cooperating lawyer, for example, any
renting offices, working with a lawyer, its equipment or
the common use of administrative-technical means,
(d) whether the cooperating) the arrangement attorney will provide legal services
under the Treaty on permanent cooperation on its own behalf or on behalf of a lawyer,
the company, foreign company or association with which the
cooperates, where necessary, how and under what conditions will be the name of a lawyer,
the company, foreign company or association in providing
legal services on the basis of permanent cooperation used,
(e) the determination of the way the Bill law) services provided by the
cooperating attorney on the basis of permanent cooperation.
(2) If a cooperating attorney provides legal services on the basis of
the Treaty on permanent cooperation, is obliged to warn the client on it.
(3) on the basis of the Treaty on permanent cooperation cannot provide legal
in cases where the service was cooperating attorney to provide
legal services under this Act or under special
the legislation established; the provisions of § 16 para. 1 this does not
prejudice. ".
36. in paragraph 17, the following new section 17a is inserted:
"§ 17a
(1) in criminal proceedings before a court, in any proceedings before the Supreme Court,
Supreme Administrative Court and the Constitutional Court is an attorney required to use
the estates of the lawyer's clothes.
(2) the Chamber of prosecutors provides for the appearance of the estates of clothing
lawyer. ".
37. section 20 reads as follows:
"section 20
(1) an advocate is required to contract for the provision of legal services to terminate,
where appropriate, request the withdrawal of the provisions or ask to determine
another lawyer, if it finds additional facts referred to in section 19.
(2) the Lawyer is authorized to contract for the provision of legal services
terminate, or request cancellation provisions or ask for
to specify a different lawyer, if there is a disruption of the necessary trust between him and the
the client, or if the client does not provide the necessary cooperation. The lawyer is
entitled to do so also if the client through the lessons
a lawyer that his instructions are in breach of the legal or
prosecutors, insisting a lawyer yet progressed according to
of these guidelines.
(3) the Lawyer is authorized to contract for the provision of legal services
terminate the exam if the client a reasonable advance on the remuneration for the provision of
legal services, although he was asked about it by a lawyer.
(4) the client is authorized to contract for the provision of legal services to terminate
at any time, with or without giving a reason.
(5) the notice period can be agreed only for the case of termination of the contract of
provision of legal services by a lawyer referred to in paragraph 2 the sentence
the first, or by the client; However, the period of notice shall be not more than
three months.
(6) unless the lawyer with the client, or if the client fails to
other measures, the Attorney shall for a period of 15 days from the date on which the Treaty on the
provision of legal services on the basis of the testimony referred to in paragraphs 1 to 5
or for any other reason ceased to exist, do all the urgent tasks to
the client has not suffered on their rights or legitimate interests. It
does not apply, if the client advocate shall communicate that to meet this obligation
lasts. ".
38. In section 21 para. 9 (a). a), the words ' or companies ' shall be
the words "or a foreign company" and the words "in society"
the words "or in a foreign company."
39. In section 23a, the words "or a company (§ 15) ' is replaced by ',
the company or foreign company "and the words" or company "
replaced by the words "of a company or foreign company".
40. In § 24 para. 1 the first sentence, the words "; for damage caused in this way
employed by a lawyer to a client of the lawyer, the employer is responsible, and even
in the case referred to in § 15b "are deleted.
41. In section 24 paragraph 2 reads as follows:
"(2) if the Attorney practicing law in society or in foreign
the company is responsible to the client for the damage referred to in paragraph 1 of this
the company or foreign company. ".
42. In article 24, paragraph 2, the following paragraph 3 is added:
"(3) for damage caused in connection with the exercise of advocacy for employed
corresponds to the client employer lawyer lawyer, and even if
referred to in § 15b. ".
The former paragraph 3 shall become paragraph 4.
43. In § 24 para. 4, after the words "or the company" the words "or
foreign company "and the words" and 2 "shall be replaced by the words" up to 3 ".
44. section 24a, including footnotes # 10 c and 10 d is added:
"§ 24a
(1) a lawyer who carries out advocacy individually or in associations, must
be insured for liability for damage for which the client
§ 24 para. 1, as well as for the case of a commitment to
compensation, to which the lawyer is engaged in advocacy in the
the association according to the specific legislation required to because of solidarity
responsibility ^ 10 c). The Attorney, who shall exercise the legal profession in the public
the business of the company or as a general partner of a limited partnership,
must be part of the insurance company or insured separately for
the case of the obligation to compensate for damage, for which it is responsible under section 24
paragraph. 2 this company, and the lawyer is under special legal
the provisions required to comply because of a liability as her
Companion ^ 10 d).
(2) the minimum limit of indemnity insurance lawyers according to the
paragraph 1 lays down the Chamber of prosecutors.
10 c) § 835 para. 2 of the civil code.
10 d) section 86 and 87 and section 93 para. 1 of the commercial code. ".
45. in section 24a shall be inserted a new section 24b and 24 c, including notes below
line # 10e-10 g shall be added:
' paragraph 24b
(1) a limited liability company and limited partnership must be from
the emergence of the date of your cancellation of the insured in case of liability for damage,
for which the client, in accordance with § 24 para. 2 (hereinafter referred to as "insurance
companies "); the insurance company is a prerequisite for its registration in the
commercial register ^ 10e).
(2) the minimum limit of indemnity insurance company
amount to at least 50 000 000 CZK for each shareholder company with limited liability
limited, which has not been suspended of advocacy, or at least 10 000
EUR komanditistu for each limited partnership, which has not been
suspended the exercise of advocacy.
(3) if the increase in the number of shareholders in a company with limited liability
limited or general partners of the limited partnership or to extinction
suspension of the exercise of advocacy partnership limited liability company
or a limited partner of a limited partnership must be indemnity
insurance companies increased to match the minimum limit
insurance benefits from insurance companies pursuant to paragraph 2, as from the
the date on which such a change has occurred.
(4) the original or a notarized copy of the insurance contract of insurance
the company, where appropriate, a document issued by an insurance company or other
a person showing insurance company (hereinafter referred to as "proof of
insurance companies ") must be attached to the application for registration
company, or of each of the new shareholder of the company in the commercial
the register and the collection of documents are stored in the commercial register,
including setting up or officially certified copies of proof of insurance changes
the company ^ 10f).
(5) the company is required to submit a copy of the Chamber or officially
a certified copy of evidence of insurance company
and by the end of the calendar year) preceding the calendar year, the
which is covered by insurance companies
(b)) within one week from the day when there was a change referred to in paragraph 3,
or
(c)) within one week of the date of this Chamber so requests.
(6) If a company fails to comply with the obligation referred to in paragraph 5, or if it finds
Chamber of Commerce that the company is not insured under paragraphs 1 to 3, shall submit to the Chamber
without delay to the Court under special legislation proposal to repeal
the company and its liquidation ^ 4 c).
§ 24 c
(1) the Chamber of Commerce arranged for lawyers practising the legal profession alone
or as participants in associations, insurance against liability for
damage, for which the client, in accordance with § 24 para. 1; This
insurance is the insurance of the foreign risk insurance according to a special
^ Law 10 g) (hereinafter referred to as "bulk insurance lawyers").
The insurance contract about bulk insurance lawyers Chamber shall publish in
Journal. The lawyer is obliged to pay the insurance premium of the Chamber of mass
insurance lawyers by the end of the calendar year preceding the
the calendar year to which the bulk of insurance lawyers covered.
(2) if the Attorney does not want to be involved, the bulk of insurance lawyers
shall submit not later than the expiry of the period referred to in paragraph 1 the Chamber a copy
or certified copy of the insurance contract or document issued by the
insurance or other appropriate person, indicating that it is for
the calendar year insured separately; the minimum limit
the claims of the agreed insurance, however, must never be
lower than in the case of collective insurance of lawyers.
10E) § 68 para. 6 (a). (c)) of the commercial code.
10F) § 38i para. 1 (b). p) of the commercial code.
10 g) of section 10 of Act No. 37/2004 Coll., on insurance contracts and amending
related laws (law on insurance contracts). ".
46. In section 25a paragraph 1. 2 (f)):
"(f)) name and surname of the lawyer, his registration number according to the entries in the
list of lawyers and its signature, and in the case referred to in paragraph 5, the name of the
and the surname of a lawyer, his registration number according to the entry in the list
lawyers, name and surname of trainee lawyers and its registration
number of registration in the list of legal executives and his signature with
"on behalf of". ".
47. In section 25a, paragraph 4, the word "it" is deleted.
48. In section 25a paragraph 5 is added:
"(5) when do Advokátmůže Declaration of the authenticity of the signature, represented by the
pursuant to section 26 of the Law Association, who performed legal practice
trainee lawyers for at least two years; the provisions of paragraph 3
the intern shall apply mutatis mutandis. ";"
49. In section 25a, the following paragraph 6 is added:
"(6) details of the obligations of a lawyer and trainee lawyers
pursuant to the preceding paragraphs shall determine the estates regulations. ".
50. under Section 25b, the following new section 25 c, including the footnotes.
11A is inserted:
"section 25 c
In connection with the provision of legal services advocate can perform
an authorized document conversion procedure under a special legal
^ Regulation 11a).
11A) Act No. 300/2008 Coll., on electronic acts and authorized
convert documents. ".
51. In section 27 is at the end of paragraph 2 the following sentence "the provisions of paragraphs 19 and 20
shall apply to representatives of the lawyer designated by the Chamber pursuant to paragraph 1 sentence
the second analogy. ".
52. In section 27, paragraph 4 reads:
"(4) where a lawyer who has pursued the legal profession alone, withdrawn
from the list of lawyers, the Chamber shall designate another lawyer, his successor
where appropriate, they shall take other appropriate measures to protect the rights and legally protected
the interests of the clients of the lawyer vyškrtnutého; the designated successor without delay
in writing, inform the clients about the measures taken. If it is a
due to the circumstances of the case, the Chamber may determine to be the successor of the
vyškrtnutého lawyer and more lawyers. The provisions of paragraphs 2 and 3,
governing the transfer of rights and obligations between the community represented by a lawyer and his
Representative, apply to transfer of rights and obligations between a lawyer
vyškrtnutým from the list of lawyers and his successor accordingly. ".
53. In paragraph 31, the words "or the company" the words "or
foreign company ".
54. In article 35, paragraph 2 reads as follows:
"(2) the appeal shall be decided by a three-member Senate constituted of members of the Board of
Disciplinary Commission (hereinafter referred to as "the Board"). ".
55. In section 35 h, paragraph 3 reads:
"(3) a guest European lawyer is authorized to draw up the Treaty on
real estate, security agreement, whose subject is the real estate,
and the contract on transfer or rental company or its parts as they relate to
real estate; a guest European lawyer is not permitted to make statements
the authenticity of the signature (§ 25a). ".
56. In paragraph § 35i 2 and 3, the words "§ 24 para. 1 and 2 "shall be replaced by the words" §
24 paragraph 2. 1 to 3 ".
57. In § 35 para. 1 (b)):
"(b)) a document proving that the European lawyer satisfies the condition pursuant to § 2
paragraph. 1 (b). (b) in point 1 ").
58. In § 35 para. 1 at the end of subparagraph (c)) is replaced by a comma and dot
the following point (d)), which read as follows:
"d) proof that the applicant has paid the fee, fixed by the Chamber of the estates
prescription of not more than the amount of $ 10,000. ".
59. In § 35 paragraph 3 and 4 are added:
"(3) Established a European lawyer shows permissions to provide
legal services under this Act, a certificate of registration to a list
European lawyers or identification card established the European
lawyer; These documents, the Chamber shall have a one week after
writing to the list of European lawyers. Appearance and features, Essentials,
How to use the identification card established European lawyer
down detailed legislation. The provisions of § 5 d of paragraph 1. 3 applies to
identification card established European lawyer, mutatis mutandis.
(4) the entry on the list of European lawyers Chamber in the list of records
European lawyers within the time limit referred to in paragraph 3; The Chamber at the same time
inform about registration in the list of European lawyers to the extent necessary
the competent authority of the home State. ".
60. In § 35 para. 8 (b)):
"(b)) If no longer meets the condition pursuant to § 2 (2). 1 (b). (b))
1. "
61. In § 35n is at the end of paragraph 2 the following sentence "If established
a European lawyer provides legal services on behalf of the foreign company
According to the regulation of, the provisions of § § 12 para. i.4. ".
62. section 35na, including the title.
63. In section 35 p para. 5, the words "§ 24 para. 1 and 2 "shall be replaced by the words" § 24
paragraph. 1 to 3 ".
64. in part three, part four shall be inserted, which including the title reads as follows:
"PART FOUR
FOREIGN COMPANY
§ 35s
(1) a foreign company can provide on the territory of the Czech Republic
legal services, if
and has its registered office or organizational) of your business in one of the
home States,
b) partners are the only lawyers or other natural persons that
are authorized to provide legal services in one of the home countries
under the professional title according to § 2 (2). 1 (b). (b)), section 2,
(c)) the subject of its business is only the provision of legal services,
(d)) of the foreign company or its business is
under special legislation is registered in the commercial register ^ 2)
e) legal services are provided only to the lawyers or established
European lawyers.
(2) as the statutory body of the foreign company or by its head
organizational folder can be entered into the commercial register only
established European lawyer or attorney who is a member of the foreign
the company. As a representative of foreign companies may be
the commercial register is written only a lawyer or established the European
lawyer; the provisions of § 15 para. 5 the second sentence shall apply mutatis mutandis.
(3) a foreign company may employ in the service of lawyers,
established European lawyers and legal executives.
(4) the provisions of § 15 para. 4 and 8, § 18 para. 1, § 19, 20, § 22 para. 1,
§ 23, § 24 para. 2 to 4, § 25, 28 and 29 shall apply to foreign
the company appropriately.
(5) unless otherwise provided by this Act, shall apply to international
the company, the provisions of the commercial code.
§ 35t
(1) each shareholder a foreign company that is liable for its obligations
all your assets (hereinafter referred to as "unlimited liability partner"), must be
in case of liability for damage caused by a foreign company in the
connection with the provision of legal services in the territory of the Czech Republic from
date of registration of a foreign company or its organizational folder to
commercial register of the insured as a companion to the public business
the company or the general partner of the limited partnership under section 24a (
"insurance associates of foreign companies").
(2) a foreign company that has no unlimited liability
the partners shall be from the date of its registration or registration of its organizational
folder in the register of insured for liability for
the loss suffered in connection with the provision of legal services in the territory of
The United States, mutatis mutandis, as a limited liability company under this
the law; a foreign company that has, among other shareholders at least
one achieves an unlimited partnership, must be insured as
a limited partnership under this Act (hereinafter referred to as "insurance
foreign companies ").
(3) the Foreign company is obliged to submit a copy of the Chamber or
a certified copy of the insurance contract the insurance Associates
foreign company or foreign company, insurance
where appropriate, a document issued by an insurance company or a foreign insurance undertaking or
Another relevant person, showing the existence of the conditions and
the range of the corresponding insurance associates of foreign companies or
foreign insurance companies (hereinafter referred to as "proof of insurance
foreign companies "), and by the end of the calendar year in which the
was registered in the list of foreign companies, and always to the end
of the calendar year preceding the calendar year to which the
covered by insurance, as well as at any other time, if the Chamber so requests.
(4) the conditions referred to in section paragraph 35s 1 (b). a) to (c)), and
insurance associates of foreign companies or foreign insurance
the company is a prerequisite for registration of a foreign company or its
organizational folder in the commercial register. Title deeds
compliance with the conditions referred to in section paragraph 35s 1 (b). a) to (c)) and proof of
foreign insurance company must be attached to the application for registration
a foreign company or its branch in the commercial
the register and the collection of documents kept in the commercial register, including
their changes ^ 10f).
(5) the Chamber shall without delay by the Court for cancellation of the foreign companies
or its organizational units from the commercial register, if it finds that
and the foreign company does not qualify) referred to in § 35s para. 1
(a). a) to (c)), and (e)),
(b) a foreign company) partners are not insured under section 35t para.
1,
(c) the foreign company is not insured) under section 35t para. 2,
(d) the foreign company has not fulfilled the obligation) specified in § 35t para. 3.
§ 35u
When the transfer of the foreign companies on the territory of the Czech Republic
They shall apply the provisions of § 35s and 35t accordingly. ".
The former part of the fourth to seventh are referred to as part of the fifth to eighth.
65. In § 37 para. 1 (b)):
"(b)) who earned a university degree in law
1. master's degree program studying at a University in the United
Republic ^ 1b), or
2. to study at a University abroad, where such education in
The Czech Republic is recognised as equivalent to the training referred to in paragraph 1 to the
the basis of the international agreements to which the Czech Republic is bound, or
where such education was recognized under a special legal
Regulation ^ 1 c), and at the same time such education corresponds to the content and scope of the
General education, which can be obtained in the field of law at a University in
The Czech Republic ".
66. In article 37, paragraph 2 reads as follows:
"(2) if the applicant satisfies the conditions referred to in paragraph 1, the Chamber it writes
to the list of interns on the basis of a written request, and
that's the date referred to in this application; However, this day shall not precede the date of the
of employment referred to in paragraph 1 (b). (e) the filing date), or
request. If there is no such day in the application for registration in the list of law firms
executives mentioned, writes Chamber of the applicant to the list of new associates to
date of submission of the application. Entry on the list of legal executives records
Chamber of legal executives in the list without delay, at the latest by
one week from the date of registration, and shall give to the bar koncipientovi
Intern identification card; identification card
the lawyer presented to the exercise of legal practice, including when
the representation of a lawyer based on his credentials when individual acts
legal aid. For the issue of the advocate's ID card
as an associate, the provisions of § 5 d of paragraph 1. 3. ".
67. In paragraph 37, the dot at the end of paragraph 4 is replaced by a comma and the following
the letter d), which read as follows:
"(d)) who passed the bar exam, it is deleted from the list of law firms
Associates to the expiration of the sixth calendar month following
the month in which the test was made; the provisions of paragraphs (b) and (c)))
shall not be affected. "
68. In § 38 paragraph 1(a). 1, after the words "or by" the words
"or for foreign companies."
69. In paragraph 38, at the end of paragraph 2 the following sentence "law clerk
is required to attend the training event that provides professional Chamber
Regulation as part of legal practice; participation in these educational
actions shall be deemed performance of the work. ".
70. In paragraph 39, the number "17.0" is inserted after "number 17a".
71. In § 41 para. 1, the following point (e)) the following new subparagraph (f)), which read as follows:
"(f) exercise disciplinary Commission of appeal)".
Subparagraph (f)) is renumbered as paragraph (g)).
72. In paragraph 43 (a). and and) the words "disciplinary Commission" shall be replaced by "disciplinary
the Commission and the Court of appeal the disciplinary Commission. "
73. In § 44 para. 4 (b). I) after the word "documentation" is inserted after the word ",
educational ".
74. In § 46 paragraph 2 reads as follows:
"(2) the control Council has 54 members.".
75. In § 46 para. 4, the words "special legislation on the measures
against the legalization of proceeds from crime ^ 9a) "shall be replaced by" law
on certain measures against the legalization of proceeds of crime and
the financing of terrorism ".
76. In § 46 para. 5, the words "special legislation on the measures
against the legalization of proceeds from crime ^ 9a) "shall be replaced by
"the Act on certain measures against the legalization of proceeds of crime
the activities and the financing of terrorism ".
77. In article 47 paragraph 2 reads as follows:
"(2) the Disciplinary Commission has 83 members.".
78. the following section is inserted after section 47 47a, which including the title reads as follows:
"§ 47a
The appellate disciplinary Commission
(1) the Commission shall exercise disciplinary scope of appeal provided for by law and the
disciplinary procedure in disciplinary proceedings.
(2) the appellate disciplinary Commission has 11 members.
(3) a member of the disciplinary Commission of the Appeals Board may be elected an attorney who has reached
the age of 40 years and was a member of the Board of Directors, supervisory board or disciplinary
the Commission, for at least 3 years.
(4) the disciplinary board of appeal, the Commission shall elect from among its members, and dismisses the Chairman
the appellate disciplinary Commission, and if so provided by the organizational regulations, and
Vice-Chairman of the Board of the disciplinary Commission. The Chairman of the disciplinary Commission of appeal
the Board of appeal shall be appointed by the members of the disciplinary Commission of the members of the boards of appeal (§ 35
paragraph. 2).“.
79. In § 52b for the word "lawyers", the words "and law firms
new associates "and at the end of the text of § 52b shall be added the words" and over the activities of
lawyers in accordance with § 25 c ".
80. the following section is inserted after section 52b 52c, which reads as follows:
"§ 52c
The Ministry of Justice after the prior approval of the Chamber provides
the Decree details of identification documents of lawyers,
identification documents established European lawyers and about
identification documents of legal executives. ".
81. In § 53 para. 1 (b)):
"(b)) the registration fee to a list of lawyers and the registration fee to the
list of European lawyers and details of their pay, ".
82. In § 54 para. 1 the words "from the constitutional law of the Czech Republic
public and private rights "shall be replaced by the words" of the legal order of the Czech
of the Republic ".
83. In § 55 para. 1 the second sentence with the number "25.0" is deleted.
84. In section 55b of paragraph 1. 1 (b)):
"(b)) who were not within the time limits laid down in this law, issued a certificate of
writing for lawyers or a certificate of registration in the list of European lawyers
the lawyer's identification card, identification card established
the European lawyer or advocate's identification card
as an associate, ".
85. In paragraph 55d paragraph. 3, after the words "the certificate of registration to a list
European lawyers, "the words" the lawyer's identification card,
identification card established European lawyer and identification
trainee lawyers, "card.
Article. (II)
Transitional provisions
1. A law clerk who passed the bar exam before the date
entry into force of this law, and to this day has not been entered in the list
lawyers, it is deleted from the list of interns on the expiry of
the third calendar month following the month in which this
the law took effect, if at the end of that period, its entry in the list
trainee lawyers continues.
2. the Czech Bar Association issues the lawyers, established European lawyers
and law koncipientům, who are the effective date of this Act,
enrolled in the list of lawyers or in the list of European lawyers and/or
list of trainee lawyers, lawyer's identification card,
identification card established European lawyer or identification
card of trainee lawyers within two years from the effective date of this
the law; The Chamber may prosecutors provide for the issuance of such
identification card fee, with a maximum amount of $ 1,000.
3. pending the release of the identity card referred to in paragraph 2 may
lawyers and established European lawyers to prove permission to provide
the legal services and legal executives performance legal practice documents
issued pursuant to the existing legislation.
4. in the election of the Board of the disciplinary Commission decides on appeals against
the decision of the Disciplinary Chamber in disciplinary proceedings the Board of appeal, constituted
According to § 35 para. 2 of Act No. 85/1996 Coll., on the legal profession, in the version prior to the
the effective date of this Act; This disciplinary Senate also completes the appeal
proceedings against the decision of the Disciplinary Chamber in disciplinary proceedings, initiated by the date
the election of the Board of the disciplinary Commission.
PART TWO
Amendment of the Act on electronic acts and authorized document conversion
Article. (III)
In article 23 of Act No. 300/2008 Coll., on electronic acts and authorized
convert documents, at the end of paragraph 1, the words "and attorneys
under the terms of other legislation ^ 4a) ".
Footnote 4a is added:
"4a) of section 25 c of Act No. 85/1996 Coll., on the legal profession, as amended
regulations. ".
PART THREE
Article. (IV)
The publication of the full text of the Act
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Act No. 85/1996 Coll., on the legal profession, as is clear from the laws and award
The Constitutional Court it changing.
PART FOUR
The EFFECTIVENESS of the
Article. In
This Act shall take effect on 1 January 2000. September 2009.
Vaidya in the r.
Klaus r.
Fischer v. r.