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Czech Commercial Register in 2015 – Registration by Notaries

Czech Commercial Register in 2015 – Registration by Notaries

As of 1st January, 2014 the Commercial Register is regulated by a new single Act No. 304/2013 Coll., on public register of legal entities and individuals  (the „Public Registers’ Act“).

The Public Registers’ Act newly sets that the Notaries are authorised to register entries in the Commercial Register and other public registers. Unfortunately, in practice this had been impossible due to the fact that the legislation did not prescribe the rate of the actual registration fees and also the relevant software system had not been working. Thus, the above mentioned notarial authorization existed until recently only theoretically.

As of 1st May, 2015, thanks to the further legislation affecting the area of Commercial Register (the registration process) and the implementation of the necessary software system, the theoretical possibility to register a new entry in the Commercial Register by a Notary came into life.
This legislation is brought by the Act No. 303/2013 Coll., on amendments of certain legal acts due to recodification of civil law, which, inter alia, supplements missing statutory provisions specifying the fees for registration of entries in the Commercial Register executed by Notaries.

According to the current legislation the Notaries are authorised to register entries if requested by the authorised entity and if statutory requirements for the registration are met.  Option to decide whether the registration will be carried out by the Notary or if the applicant will proceed via the court channel is given to the actual applicant.

If requested by the applicant, the Notary can make the registration of a new entry under the following conditions:

  • The registered data have foundation in the notarial deed (foundation notarial deed),
  • The foundation notarial deed includes express declaration of the Notary that the content of the legal acts is in compliance with the applicable legislation and constitutional documentation of the entity concerned and/or that any other necessary formalities have been met, or
  • The Notary has received any and all documents, which are required for the registration or for the depositing in the Collection of Deeds.

The registration will be always carried out by the Notary, which executes the relevant notarial deed.

Notarial Registration Fees will be following:

  • first registration of a new joint stock company CZK 8,000 (CZK 12,000 if registered via court),
  • first registration of a new entity (save for a joint stock company) CZK 2,700  (CZK 6,000 if registered via court) and
  • registration of a change of an entry CZK 1,000 (CZK 2,000 if registered via court).

On top of the set Notarial registration fees, the applicant will also be obliged to pay additional fees as Notarial remuneration for the registration and drawing up the relevant notarial deed.

The new legislation should decrease the entrepreneurs’ costs relating to the obligatory registration in the Commercial Register and also speed up the registration process. The new legislation aims also to decrease the workload of the courts which have been administering the Commercial Register until now and therefore cut down the cost of the administrative force.

By Jiří Spousta & Magda Stárková

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