Act No. 358/1992 Coll., On notaries and their activities (Notarial Code)

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(Valid from January 1, 2014)

358/1992 Coll.

Law

on notaries and their activities

(Notarial Code)

 

as amended by Act 82/1998 Coll., Act No. 30/2000 Coll., Act No. 370/2000 Coll., Act No. 120/2001 Coll., Act No. 317/2001 Coll.

Act No. 352/2001 Coll., Act No. 501/2001 Coll., Act No. 6/2002 Coll., Act No. 88/2003 Coll., Act No. 18/2004 Coll.

Act No. 237/2004 Coll., Act No. 284/2004 Coll., Act No. 554/2004 Coll., Act No. 628/2004 Coll., Act No. 216/2005 Coll.

Act No. 344/2005 Coll., Act No. 377/2005 Coll., Act No. 70/2006 Coll., Act No. 81/2006 Coll., Act No. 308/2006 Coll., Act No. 296 / 2007 Coll., Act No. 126/2008 Coll.

Act No. 254/2008 Coll . , Act No. 301/2008 Coll . , Act No. 7/2009 Coll . , Act No. 227/2009 Coll . , Act No. 142/2012 Coll . , Act No. 202 / 2012 Coll . , Act No. 396/2012 Coll .

and Act No. 303/2013 Coll .

 

 

Czech National Council passed the following Act:

 

 

PART ONE

 

GENERAL PROVISIONS

 

  • 1

 

(1) A notary public is an individual qualifying under this Act, the state commissioned notary office.

(2) The notarial office is a set of powers to perform notary and other activities stipulated by law (hereinafter referred to as “activity notary”) permanently attached to the place of this activity.

 

  • 2

 

Performance notary means drafting public documents of legal proceedings, certification of legally significant facts and declarations, documents and money into notarial custody (hereinafter referred to as ” notarial activity ” ) . Notarial activities are carried out in an impartial notary .

 

  • 3

 

(1 ) A notary may, in connection with a notarial activities in ongoing efforts to provide the following legal services:

a ) give legal advice and represent you in negotiations with natural and legal persons in proceedings before public authorities ; just before the courts in proceedings under Part Five of the Code of Civil Procedure in matters of public registers and matters pursuant to the special court proceedings except

1 ) the management of the estate , which acts as a court commissioner ,

2 ) proceedings relating to the capital market ,

3) The procedure for preliminary consent to the investigation in matters of competition ,

4 ) the procedure for replacing the consent of the representative of the Czech Bar Association to become familiar with the contents of the documents ,

5 ) the procedure for carrying out the obligations of the preliminary measures of the European Court of Human Rights ,

6) The procedure for the judicial sale of the collateral ,

7 ) proceedings relating to family court except care of minors and enforcement of judgments in matters of custody of the minor and the court

b ) To draw up private documents and process legal analysis .

(2) A notary may perform asset management and represent them in this context.

(3) A notary may also act as a trustee, interim trustee, deputy trustee, separate trustee and separate trustee in insolvency proceedings.

 

  • 4

 

In another activity notary carries out other activities , if provided for by this Act or a special Act . 2 ) When carrying out other activities entries in the register of pledges , public register, or a public list , it is considered a notarial activity .

 

  • 5

 

(1) Activities notary notary performs for consideration and pursuit is an independent, unless the activities of notaries pursuant to § 4 special Act.

(2) The activities of a notary is incompatible with any other gainful activity, except for management of own assets. A notary may act as representative, senator or representatives of the municipal or regional council for consideration and even scientific, publishing, teaching, interpreting, expert, artistic and work in government advisory bodies, ministries, other central bodies of state administration and self-governing bodies, and the activities of the registered mediator pursuant to the mediation.

 

  • 6

 

Notarial records and their copies , extracts from notarial deeds , and according to this law written instrument of verification (hereinafter referred to as ” notarial deed ” ) are public documents , if they fulfill the conditions laid down for them by the Act.

 

 

PART TWO

 

Scrivener

 

SECTION ONE

 

Notaries and notarial office

 

  • 7

 

(1) The notary may be appointed citizen of the Czech Republic, which

  1. a) is completely full rights ,
  2. b) has obtained a degree in the Master’s program in the fields of law university in the Czech Republic or if so stipulated by an international treaty by which the Czech Republic is bound, the education acquired in the fields of law at a university abroad, or is this education is recognized under special legislation. For this education is also considered education gained at the law faculty of a university based in the Czech and Slovak Federative Republic or its legal predecessors,
  3. c) is impeccable,
  4. d) completed at least five years of notarial practice and
  5. e) passed the notary exam.

(2) Notarial practice is the practice of notaries, notary and notary clerk candidate under the law and practice of public notary and notary trainee under the previous regulations. By notarial practice Notarial Chamber of the Czech Republic (hereinafter “Chamber”) credited fully experience the judge, prosecutor, public prosecutor, lawyer, commercial lawyer, bailiff, judge of the Constitutional Court, and an assistant judge of the Constitutional Court or the Supreme Court and the Supreme Administrative Court, executor candidate , judicial trainee, assistant judge, assistant ombudsman, assistant prosecutor, a trainee prosecutors, a trainee prosecution, law clerk, executor or legal trainee clerk at a commercial lawyer, business employees of the Ministry of Justice (the “Ministry”), which received higher education in the master’s degree program in law at the university and who participates in independently developing proposals generally binding legal regulations, in notarial practice Minister of Justice (the “Minister”) to the Bar of any other legal experience may count a maximum of 2 years.

(3) Notarial test means the notarial examination under this Act and notarial examination under previous regulations. A person who has passed notary exam is regarded as one who passed the professional judicial examination judicial examination, a unified judicial examination, a unified judiciary and the Bar examination, test executor, prosecutorial exam, final exam of professional trainees, bar exam and test for professional commercial lawyer.

 

  • 8

 

(1) A notary appointed by the Minister on the proposal of the Bar of the notarial office.

(2) Number of notarial offices in the district and each district court determined by the Minister after consulting the Chamber.

(3) A notarial office established and dissolved by the Minister after consulting the Chamber. Notarial office is designed notary name and surname in the district court.

(4) The seat of the notarial office is the seat of the district court in whose district was established. With the approval of the Chamber of Notaries notary may change seat notarial office in the district court.

(5) A notarial office can be canceled only if appointed notary in a notarial office was removed or died.

(6) The Chamber shall submit a proposal in accordance with paragraph 1 on the basis of the results of bankruptcy, which is announced and organized. The chamber included in the bankruptcy by application anyone who meets the requirements stipulated in § 7 paragraph 1

 

  • 9

 

(1) A prerequisite is the launch of a notary

 

  1. a) the appointment of a notary,
  2. b) the oath before the Minister, if earlier promise to consist,
  3. c) the acquisition of an official notary stamp,

d ) a contract of insurance against liability for damage that might arise in connection with this activity.

(2) The oath reads:

“I swear on my honor and conscience that the activities of notaries uphold constitutional and other laws and generally binding legal regulations and will maintain confidentiality. V Notary activities will proceed impartially and independently.”.

(3) The official notary stamp includes:

 

  1. a) the name, surname, academic title,
  2. b) the term “notary”
  3. c) the registered office of the notarial office
  4. d) small national emblem of the Czech Republic.

 

  • 10

 

(1) The Minister may suspend the activity of notaries notary if

  1. a) against him prosecuted for an intentional offense or as an offense connected with the activities of notaries, and until the final completion of the criminal proceedings,

b ) proceedings have been initiated to limit the legal capacity of a notary until a final decision closing the proceedings ,

  1. c) the procedure under § 51st

(2) The Minister shall suspend the activity of notaries notary

  1. a) a period of imprisonment if there are no grounds for his appeal,
  2. b) in the performance of activities incompatible with the activities of notaries, but no longer than a continuous period of 4 years.

 

  • 11

 

Minister revokes a notary

 

  1. a) at his request,
  2. b) if it refused to swear an oath,
  3. c) at 31 December of the calendar year in which he reaches 70 years
  4. d) if lost citizenship of the Czech and Slovak Federal Republic,

e ) if the limited legal capacity

  1. f) if he was sentenced for an intentional criminal offense or for a criminal offense committed in connection with the activities of notaries,

g ) if terminated its liability for loss under § 9 paragraph 1 letter . d ) a notary him despite warnings Notary Association ( § 29) within the time limit does not return,

  1. h) if the notary three months after taking the oath without any valid reason begins to practice notary
  2. i) If the final decision of the Disciplinary Committee found that his health was permanently does not work properly perform notary
  3. j) if the activity is incompatible with that of a notary continuously for more than four years.

 

  • 12

 

(1) The seat is the seat of a notary notarial office to which he was appointed. At its registered office set up for the performance of notary notary notary’s office, entered in the register kept by the relevant notaries notary chamber.

(2) A notary may establish official days off notarial office outside its headquarters. The introduction of an official day and its repeal shall notify the Chamber and the Chamber of Notaries, the circuit in which it is established. The Chamber and the Chamber of Notaries shall maintain a register established days and official registration of their cancellation.

 

  • 13

 

(1) A notary public notary usually performs activities in the notary office during office days and also at the place of their actions. A notary may perform different actions at another place. Elsewhere notary performs a single action, if necessary.

( 2 ) Notaries who are members of the same Notary Association, a notary, who have the same seat , can associate as partners for the joint execution of notary or a common purpose things. The contract , which notaries commit associate for the joint execution of notary must be in writing.

( 3 ) Notaries , who came together as partners in paragraph 2 for the joint execution of notary (hereinafter referred to as ” notary companion ” ) , in each of notary represent. When representing notary shall exercise the activities of notaries notary on behalf of the represented shareholder. He signs his name and at the same time stating that the notary companion represents. Use their official notary stamp .

(4 ) Notaries associates are required to associations for the joint execution of notary notify the Chamber and the Chamber of Notaries of which they are members. The reporting obligation applies also to the dissolution of the company , if the notaries associates more than two, as on the performance of a notary shareholder of the company or its exclusion.

 

 

SECTION TWO

 

REPRESENTATIVE AND ALTERNATE Notary

 

  • 14

 

(1) If a notary public notary has not operated for a period longer than one month and is not represented by a notary or a notary candidate companion (hereinafter referred to as “candidate”) pursuant to § 24, the relevant Chamber of Notaries shall appoint his representatives and determine the amount of his share of the reward notary. Against this decision may appeal to the court. 3)

(2) If the notary is known not to carry on the business of notary, the relevant Chamber of Notaries shall appoint his representative in its proposal.

(3) If a notary died or been removed, the relevant Chamber of Notaries shall appoint a time when the notarial office released an alternate notary (hereinafter referred to as “sub”). An alternate notaries also establish, if the notary business notary suspended pursuant to § 10

(4) The representative is appointed from among candidates notary, if not, from among the notaries or their candidates in the district court, and if not, from among the notaries or their candidates in the county circuit court.

(5) An alternate is appointed from the ranks of notaries in the district court, and if not, from among the notaries in the county circuit court.

(6) The provisions of sub agent or notary is subject to consent referred to in paragraphs 4 and 5, the candidate referred to in paragraph 4

(7) representatives from among candidates is conditioned upon the notary, in which the candidate is employed.

 

  • 15

 

(1) If the representative appointed candidate, is a precondition for the exercise of notary oath before the Minister (§ 9, paragraph 2), unless earlier promise to consist.

( 2 ) In order to perform activities of notaries is further sub contract of insurance against liability for damage that might arise in connection with this activity.

 

  • 16

 

(1) The representative represents notary in the exercise of notary particular acts which can not be delayed. It operates on behalf of the represented notary. Signed with his name and at the same time stating that the notary represents. If a representative of a notary, uses his official notary stamp. If the representative of the candidate uses the official seal of notary, whom he represents. Represented not notary at the time of the representation to practice notary.

(2) Sub notary acts as its own name, and has to be exercised in particular in operations which can not be delayed.

 

SECTION THREE

 

STAFF Notary

 

Notarial clerk

 

  • 17

 

(1) A notary clerk (the “Associate”) is a person who is registered in the list of notary trainees.

(2) The list of notary trainees leads the Chamber of Notaries, in her district the notary office with which the trainee is employed.

 

  • 18

 

(1) The Chamber of Notaries writes within two months of receipt of a written request to the list of notary trainees everyone

 

  1. a) is a citizen of the Czech Republic,

b ) is completely full rights ,

  1. c) obtained a degree in the Master’s program in the fields of law university in the Czech Republic or if so stipulated by an international treaty by which the Czech Republic is bound, the education acquired in the fields of law at a university abroad, or is this education is recognized under special legislation. For this education is also considered education gained at the law faculty of a university based in the Czech and Slovak Federative Republic or its legal predecessors,
  2. d) is impeccable and
  3. e) is employed by a notary.

(2) The Chamber of Notaries shall notify an entry under paragraph 1 trainee and notaries, in which the trainee is employed.

(3) A person who was not at a specified time in the list of notary trainees have the right to demand an entry proposal in court.

 

  • 19

 

Notary clerk may authorize in writing

 

  1. a) issuing copies , transcripts or certified copies and extracts from notarial records , issuing certificates under § 94 verifications of compliance duplicate or copy ( hereinafter referred to as “copy” ) of the Charter (the ” vidimus ” ) , verifying the authenticity of the signature ( hereinafter ” legalization ” ) except vidimus and legalization in relation to foreign countries , the issuance of certified outputs from public administration information system under specific legislation 2a ) , the issuance of transcripts or certificates of Evidence of legal proceedings in case of death under § 35c , paragraph 3 , issuing copies, extracts or a certificate from the Registry of Securities pursuant to § 35i , paragraph 1 , or issuing copies of documents confirming the list of matrimonial property regime pursuant to § 35 l , paragraph 2 , issuing extracts from the Criminal Records performing authorized conversion of documents , practice of contact under a special legal regulation 3a ) , and by taking custody,
  2. b) the individual acts in the activities pursuant to § 3 paragraph 1,
  3. c) preparatory tasks and sub-activities under § 2 and § 3, paragraph 2,
  4. d) performing other tasks or activities, if provided for by this Act or special legislation.

 

  • 20

 

(1) The Chamber of Notaries shall delete from the list of notary clerks of

 

  1. a) who died or who were declared dead
  2. b) who lost citizenship of the Czech and Slovak Federal Republic,

c ) who was limited in incapacitation ,

  1. d) who has been convicted of an intentional crime or offense committed in connection with the activities of trainee
  2. e) who wrote to the notary chamber removal from this list
  3. f) who ended employment contract at the notary and entered into an employment contract with a notary within the jurisdiction of the Notary Chamber within three months from the end of the previous employment with the notary,
  4. g) who were registered in the list of notary candidates.

(2) The Chamber of Notaries shall withdraw under paragraph 1 trainee and notaries, in which the trainee is employed.

(3) A person who was a notary trainees from the list of deleted, has the right to seek protection of the proposal in court.

 

Notarial candidate

 

  • 21

 

(1) A candidate is a person who is registered in the list of notary candidates.

(2) List of notarial candidates leads the Chamber of Notaries in whose jurisdiction the notary office for which the candidate is employed.

 

  • 22

 

(1) The Chamber of Notaries writes within two months of receipt of a written request to the list of candidates notarial everyone

 

  1. a) meets the requirements stated in § 18, paragraph 1,
  2. b) completed at least three years of notarial practice (§ 7 § 2) and
  3. c) passed the notary exam.

(2) A notary exam to be admitted by anyone who meets the requirements set out in paragraph 1, point. a) and b). Notarial examinations are held at least once a year.

(3) The Chamber of Notaries shall notify an entry under paragraph 1, the candidate and notaries, in which the candidate is employed.

(4) A person who was not at a specified time in the list of notarial candidates have the right to demand an entry proposal in court.

 

  • 23

 

Notary candidate may authorize in writing

 

  1. a) signing a notarial records of legal proceedings, unless the form of a notarial deed established for legal proceedings by special legislation, signing a notarial acts pursuant to § 71b , certification of legally significant facts and statements , unless the certification decision bodies of a legal person issuing copies , affordable copies and extracts from notarial records , issuing certificates under § 94 , for receiving and issuing custody, issuance of certified outputs from public administration information system under specific legislation 2a ) , the implementation of entries and deletions in the Register of pledges , issuing a transcript or certificate of registration of legal negotiations in case of death under § 35c , paragraph 3 , issuing copies of , or extracts from the Register of collateral certificate pursuant to § 35i , paragraph 1 , or issuing copies of documents confirming the list of matrimonial property regime pursuant to § 35 l , paragraph 2 , issuing extracts from the Criminal Records , performing an authorized document conversion and implementation tasks of contact under a special legal regulation 3a )
  2. b) preparatory and partial other notarial acts in the business,
  3. c) the performance of activities pursuant to § 3 paragraph 1,
  4. d) the individual acts in the action under § 3, paragraph 2,
  5. e) performing other tasks or activities, if provided for by this Act or special legislation.

 

  • 24

 

(1) A candidate may be to design a notary, in which the employment relationship, the provisions of the Chamber of Notaries, to represent the performance of notary activities except in accordance with § 3 paragraph 3 This activity is exercised on behalf of a candidate represented a notary, signed his name and an official stamp of the notary, whom he represents. For this representation shall apply mutatis mutandis to § 15 paragraph 1 Notary Chamber cancels provisions candidate agent, and at the suggestion of a notary or ordained candidate. Chamber of Notaries notary to draft provisions candidate representative canceled.

(2) If a notary public notary has not operated for a period longer than one month, the competent Chamber of Notaries of the share candidate representative established pursuant to paragraph 1, remuneration notary. Against this decision may appeal to the court. 3)

  • 25

 

(1) The Chamber of Notaries shall remove a candidate from the list of notarial candidates for the reasons given in § 20, paragraph 1, point. a) to f).

(2) The Chamber of Notaries shall withdraw under paragraph 1, the candidate and notaries, in which the candidate is employed.

(3) A person who was a notary from the list of candidates removed, has the right to seek protection of the proposal in court.

  • 26

 

Other workers notary

 

(1) A notary may authorize in writing other employees who have been with him in employment, preparatory acts and sub-activities in accordance with § 2 and 3 If these workers passed the qualifying examination, a notary public may entrust the activities defined in § 19 with the exception of individual acts according to § 3 paragraph 1

(2) The qualifying examination must be allowed another worker notary who was employed by a notary or a notary in the state for at least one year. Chamber of Notaries may by this time include the period during which the worker was employed at the court, a lawyer, county bar associations or commercial lawyer.

(3) The qualifying exam is also considered professional and other equivalent exam passed state notary professionals under the previous regulations. Chamber of Notaries may recognize professional or other equivalent test compound workers courts, attorneys, county attorneys association or commercial lawyers for qualifying examination under this Act.

 

Provisions common

 

  • 27

 

(1) Activities staff notary under the authority pursuant to § 19, 23 and § 26 paragraph 1 shall be deemed activity notary.

(2) In the exercise of this activity, the employee signed his name and an official stamp of the notary.

 

  • 28

 

(1 ) A notary is obliged to conclude a contract of insurance of their responsibility for the damage caused to workers in the performance of job duties or in direct connection with them , unless a special law provides otherwise. The insurance must cover the whole period during which the notary employed workers .

(2) Employment relations between the notary and his staff are governed by the Labour Code.

 

PART THREE

 

Notarial GOVERNMENT

 

SECTION ONE

 

Notary Chamber

 

  • 29

 

(1) The Chamber of Notaries shall be established in each district and county court district of the Municipal Court in Prague.

(2) Circuits and settlements notarial chambers agree with the district and the seat of the regional courts.

(3) The circuit and the seat of the Notary Chamber for Prague to coincide with the district and the seat of the Municipal Court in Prague.

(4) Notary Chamber unites all notaries based in the district. Notary joins the Chamber of Notaries on his appointment as a notary. Membership in the notaries’ chamber terminates its removal or death.

(5) The Chamber of Notaries is a legal entity. Her income consists of membership fees, donations and other income. Membership fees are notaries required to pay in the amount set by the College of Notaries (hereinafter referred to as “the College”).

  • 30

 

Notary Chamber has the following authorities:

 

  1. a) College,
  2. b) Presidium
  3. c) the President of the Chamber of Notaries (hereinafter “the President”);
  4. d) Revision Commission.
  • 31

 

(1) The supreme body of the College of Notaries.

(2) The right to attend meetings of the College have notaries and candidates from the perimeter of the Notary Chamber, the candidates have only an advisory vote. A notary may authorize in writing another notary to him at meetings of the College represented and voted on his behalf. Represented notary shall be deemed present at the meeting of the College.

(3) The Board

 

  1. a) members of the Notary Chamber elects and dismisses the members of the Presidium and the Audit Commission,
  2. b) of the elected members of the Presidium elects and dismisses the President and Vice-President (hereinafter referred to as “Vice President”)
  3. c) members of the Chamber of Notaries appointed and dismissed by the delegates at the Chamber of Notaries (hereinafter referred to as “delegates”), and one delegate for every 20 members of the Chamber of Notaries,
  4. d) of the elected members of the Audit Committee elects and dismisses the Chairman of the commission,
  5. e) discuss and approve the reports on the activities of other bodies of the Notary Chamber,
  6. f) approve the budget and management of the Notary Chamber,
  7. g) establish social and other funds and approves rules for their creation and use,
  8. h) the amount of contributions,
  9. i) approve the compensation for loss of time associated with the exercise of the functions in the bodies of the Notary Chamber,
  10. j) may cancel or change the order of the Presidium.
  • 32

 

(1) The Board is the governing and executive body of the Chamber of Notaries, has five to nine members.

(2) The Presidium

 

  1. a) convene the College at least once a year, the College shall convene within one month of each if requested by at least one third of members of the Notary Chamber, or if requested by the Audit Committee,
  2. b) keep the records of notaries located in the district of the Notary Chamber,
  3. c) manages the funds of Notaries and manages its property,
  4. d) manages the funds, notary chambers,
  5. e) organize qualifying examinations and appoint board members,
  6. f) exercise the powers of Notaries provided by this Act.
  • 33

 

(1) The President

 

  1. a) represents the notarial chambers externally and acts on its behalf in all matters
  2. b) governing the behavior of college
  3. c) Presidium convened at least once every three months; Presidium shall convene within ten days, if requested by the third member of the Presidium, or if requested by the Audit Committee,
  4. d) chair the meetings of the Presidium,
  5. e) make decisions within the scope of the Presidium, which can not be delayed, the decision must be approved at the next meeting of the Presidium,
  6. f) the application notary gives consent to its absence in the notarial office for a period longer than one month.

(2) The President shall represent the vice president.

  • 34

 

(1) The Audit Committee consists of the President and two other members.

(2) Membership of the Audit Committee is incompatible with membership in the Presidium.

(3) The Audit Committee

 

  1. a) control the resolutions of the Presidium of the activities of the College and for that purpose the audit committee must be given access to all documents of the Notary Chamber,
  2. b) report to the College at least once a year a report on the results of inspections.

SECTION TWO

 

Notary Chamber CZECH REPUBLIC

 

  • 35

 

(1) The Chamber, based in Prague.

(2) consists of the Chamber of Notaries.

( 3) The Chamber is a legal entity . Its revenues consist of contributions notary chambers , donations and other income. Chamber of Notaries are obliged to pay contributions in the amount set by the Assembly Chamber (“the Assembly”) .

 

  • 35a

 

(1 ) The Chamber leads , operates and manages Index pledges and these records and lists :

  1. a) The records of legal proceedings in the event of death,

b ) The records of the instruments of the matrimonial property regime

c ) A list of statements to determine the guardian

d ) List of documents of the matrimonial property regime.

( 2 ) The Chamber shall keep a Register of pledges , records and lists in electronic form . The Chamber provides law practice in the management , administration and operation records, list or register of pledges and the method of reimbursement of cash expenses related to the management of the Chamber records, list or register of pledges.

( 3 ) The provision of collateral Criminal Chamber provides, in particular

  1. a) procedure and the method of data collection , the changes and cancellation,

b ) What other data in addition to those provided for in this Act shall be entered in the Register of pledges ,

c ) Who writes the data referred to in point b ) the register of pledges ,

d ) the procedure and manner of issuing copies, extracts a certificate from the register of pledges ,

e ) the procedure and method of storage of deleted data.

(4 ) In regulation on registration of legal proceedings against death chamber shall be particularly

  1. a) what data is entered in the register ,

b ) the procedure and method of data collection , the changes and cancellation,

c ) cases in which the registration of the alteration shall Chamber ,

d ) the manner and procedure for the communications and publishing a copy of the registration certificate or ,

e ) the procedure and method of storage of deleted data.

(5 ) In regulation on the registration documents of the matrimonial property regime Chamber provides, in particular

  1. a) what data is entered in the register ,

b ) the procedure and method of data collection , the changes and cancellation,

c ) cases in which the registration of the alteration makes the Chamber.

(6 ) In the ruling on the UNESCO Declaration on the determination of a guardian Chamber provides, in particular

  1. a) procedure and the method of data collection ,

b ) the procedure and method of writing data changes and deletion,

c ) What enrollment changes and what other information except the data provided in this Act recorded in the list ,

d ) Who writes the data referred to in subparagraphs b ) and c) to the list.

(7 ) In the ruling on the list of the instruments of the matrimonial property regime Chamber provides, in particular

  1. a) procedure and the method of data collection ,

b ) the procedure and method of writing data changes and deletion,

c ) What enrollment changes and what other information except the data provided in this Act recorded in the list ,

d ) Who writes the data referred to in subparagraphs b ) and c ) to the list ,

e ) the procedure and manner of issuing copies of a certificate from the list ,

f ) the procedure and method of storage of deleted data.

(8 ) The Chamber keeps the data in the register of pledges and records in a list contained in § 35a , paragraph 1, point . a) and d) , even after deletion, unless the law provides otherwise . Chamber at the written request of the court or the prosecuting authorities provide management information from the data of discontinued items. Information from the data file containing data records specified in § 35a , paragraph 1, point . a) may be granted only after the death of the testator.

(9 ) The Chamber is entitled to remuneration for communication according to § 35c paragraph 2 person with a legitimate interest in making the entry data , or change entries in the register of pledges under § 35h a contract for the establishment of the matrimonial property regime in the collection of documents and the references referred to in § 35j paragraph 3 point . a) List of documents in the Register of the matrimonial property regime under the second paragraph § 35k The chamber further includes reimbursement of cash expenses associated with the management , operation and administration of records, list or register of pledges. Ministry in a decree the amount of fees to which the Chamber.

 

Evidence of legal proceedings against death

  • 35b

 

(1 ) The register of legal proceedings against death are recorded instrument of these legal proceedings made ​​by the deceased in case of death :

  1. a) will, postscript , inheritance contract

b ) a statement of disinheritance and a statement that the heir , who testifies legal hereditary succession , the estate has become ,

c ) commandments counting on inheritance , unless such commandments contained in the will ,

d ) occupation administrator of the estate , if not called in the will ,

  1. e) the renunciation of succession rights,

f ) the cancellation of any act referred to in subparagraphs a) to e ) .

( 2 ) of the Charter relating to the conduct of the deceased in case of death , which have the form of a notarial deed is recorded only when the notarial custody .

( 3 ) The instruments of occupation and administrator of the estate of the instrument of their cancellations are recorded separately from the other recorded documents. Along with the instruments of occupation administrator of the estate are recorded wills containing occupation executor , if a will in which the executor professions included , notarial act or if it is stored in the notary’s custody . In this case, it will be registered in the two separate registers. This also applies to a will contains a profession administrator.

 

  • 35c

 

(1 ) The data entries in the records of legal proceedings against death implementing remote access without undue delay notary who instrument of legal proceedings, the testator stated in § 35b paragraph 1 received a notary or custody of such legal proceedings drew up a notarial deed.

( 2) The Chamber shall notify the court or other state authority and a person who has a legitimate interest in their application , whether or not registered deed relating to the conduct of the deceased in case of death and, if filed , in which the notary is stored. Communication can be provided only after the death of the testator. The chamber such communication will also provide the notary , if go on the instrument of legal proceedings in case of death made ​​by the deceased, whose estate is the subject of proceedings in which the notary is responsible for carrying out tasks such as judicial commissioner pursuant to the special judicial proceedings ; communication provides remote access at the request of the notary.

( 3 ) Any notary person who has a legitimate interest to its request for information whether it is in the records of legal proceedings on death deed registered on the profession of an administrator or executor of the will of the profession , and which is stored notary shall issue a copy of the Minutes of Evidence legal proceedings in case of death , if the instrument of such legal proceedings filed testator , if not registered shall issue a certificate that is not registered . If registered more such documents made ​​by the same testator , contains a copy of the registration details of all these documents . The provisions of paragraph 2 , second sentence, shall apply mutatis mutandis .

 

Evidence of the instruments of the matrimonial property regime

  • 35d

 

(1 ) The register of deeds matrimonial property regime are recorded

  1. a) contracts spouses or fiancés of the matrimonial property regime different from the statutory regime

b ) the agreement of the spouses to change the agreed mode

c ) contracts for the spouses of change of marital property regime established by a court decision ,

d ) the court’s decision , which the court canceled or renewed joint assets or narrowed its existing range ,

e ) the court’s decision , which the Court changed the marital property regime established by a court decision or an agreed matrimonial property regime .

( 2 ) The data entries in the Register of deeds of the matrimonial property regime of the contract or agreement pursuant to paragraph 1 . a) to c ) is carried out by remote access without undue delay, the notary who drew up the contract or agreement . The data entries court decision pursuant to paragraph 1 . d ) and e ) perform chamber on the basis of copies of these decisions, the Chamber sent to courts electronically.

( 3) The Chamber shall inform the notary, whether or not registered contract or agreement pursuant to paragraph 1 . a) to c ) sealed the deceased , whose estate is being administered , in which the notary is responsible for carrying out tasks such as judicial commissioner pursuant to the special judicial proceedings or whether or not it is registered in the court’s decision pursuant to paragraph 1 . d ) and e) regarding the property regime of the deceased and his spouse , if the registered contract or agreement , it shall also , in which the notary is stored.

( 4) The Chamber of Notaries provide communication via remote access on the basis of his application.

 

List of declarations of determining the Guardian

  • 35e

 

(1 ) In determining the declaration of a guardian are recorded statement of determining who is to become the guardian , and the appeal of such designation statement (the ” Statement of determining guardian ” ) , having the form of a notarial deed.

( 2 ) to the list of statements to determine the guardian names, surname , date of birth and place of residence of the declaration of determining who bought guardian (hereinafter referred to as ” the maker of the statement” ) , the one who was in a statement intended to become a guardian ( hereinafter referred to as “designated guardian ” ) , name, surname and address of the notary who declarations of determining the guardian wrote , and other information required by regulations of the Chamber of the UNESCO declaration on the determination of a guardian.

( 3) The registration particulars of the appointed guardian of the UNESCO Declaration on the determination of the guardian performs remote access without undue delay notary who wrote such a statement .

(4 ) The Chamber shall inform the Court at its request , whether or not the declaration of a guardian in determining the UNESCO Declaration on the determination of the guardian is registered , it is registered , also recorded data about the maker of the statement , the appointed guardian and the indication for which the notary is a statement of appointed guardian saved. The application is submitted and communication provides remote access .

 

Index of pledges

  • 35f

 

(1 ) The register of pledges are recorded the following information:

  1. a) designation of collateral,

b ) identification of the hedged debt lien on the collateral ,

c ) a lien debtor , pledgor and pledgee , and the name, surname, name, date of birth , personal identification number , if assigned , or any other similar identifying information ( hereinafter referred to as ” identification number” ) , a residence , or Registered businesses, in the case of a natural person , or by specifying the name, identification number and registered , in the case of a legal person established in the Czech Republic , or the name and identification number of the organizational unit or business establishment in the Czech Republic , if the based abroad , the seat of its organizational unit or business establishment in the Czech Republic , if known , in the case of a legal person who is not domiciled in the Czech Republic

d ) legal reason lien

e ) to ban the Pledge on things that is not registered in the Register of pledges as collateral , a designation such things

f ) that the registered right is the future lien , if the lien debtor after the conclusion of the mortgage contract to become the owner of the things that has to be a pledge and otherwise in accordance with the Civil Code or under the security agreement arises lien registration in the Register of pledges , after the creation of the lien is recorded and an indication of the time of its creation ,

g ) the date and time of registration

h ) other information required by regulations of the Chamber of Criminal collateral.

( 2 ) The lien is recorded in the Register of Securities registration statement referred to in paragraph 1 , is deleted by deleting registered data. This also applies to future lien and the prohibition of the establishment of a lien on the case which is not registered as collateral.

( 3 ) If the lien in the register of pledges already registered , register the details of

  1. a) ban the creation of another lien on the collateral ,

b ) start execution lien on the collateral stagnant ,

c ) the order of liens , when there is more collateral liens .

(4 ) shows if the pledged asset lien records are also an indication of podzástavního of law , if a lien , indicating the pledged asset , entered in the Register of pledges , otherwise only arises if such a claim lien registration in the Register of pledges.

  • 35 g

(1 ) The data entries under § 35f , paragraph 1 in the Register of pledges under the security agreement , registration statement pursuant to § 35f , paragraph 3 a change or erasure of data carried out by remote access notaries.

( 2 ) A notary who wrote the pledge agreement , performs

  1. a) the registration statement pursuant to § 35f , paragraph 1 , except for the letter e )

b ) registration statement on banning the installation of additional lien on the collateral and on the order of liens, if these arrangements contained in the security agreement, and

c ) registration data of podzástavního law , if a security agreement mortgaged asset , which suggests lien registered in the Register of pledges or to which there is a lien entered in the register of pledges , even if a lien upon it testifies , is not in the Register of pledges registered.

( 3) The registration statement pursuant to § 35f , paragraph 1 , or according to § 35f , paragraph 3, it shall notary after the conclusion of the pledge agreement without undue delay only if it is effective , otherwise without undue delay after its entry into force . The entry into force of the contract evidenced by the pledgee, unless the effective date of expiry .

(4 ) Any notary need

  1. a) registration of enrollment changes and deletion in accordance with § 35f , paragraph 1 and 3 ,

b ) registration statement on start execution lien on the collateral stagnant ,

c ) the registration statement on banning the installation of additional lien on the collateral and on the order of liens, if not registered notary who wrote the pledge agreement ,

d ) the registration statement on banning the Pledge on things that is written or may be registered in the Register as a pledge of collateral ,

e ) registration data of podzástavního law , if there is no entry in the Register of collateral lien on receivables , indicating lien registered in the Register of pledges ,

f ) registration data of the lien , if entered in the register of pledges future lien .

(5 ) The data entries under § 35f , paragraph 1, point . e ) and § 35f , paragraph 3 , changes to the entries and deletions are made at the written request of the mortgagee or lender podzástavního or podzástavce or any other person determined by a special law . The registration pursuant to § 35f , paragraph 3 point . c ) it is necessary to ask for the registration of all creditors who have suffered collateral pledge . Application for registration of changes in enrollment and registration information on the matters referred to in § 35f , paragraph 1, point . e ) and § 35f , paragraph 3 must show a document proving the change or the fact on the basis of which registration is sought .

(6 ) Cancellation of lien can be done only if the lien has expired . If you request cancellation of lien mortgage lender and indicate if the request that the lien has expired and legal cause of its demise , it is considered that the termination of the lien occurred. If you request cancellation of mortgage borrower , you need to submit requests public deed or deed confirmed pledgee with his notarized signature, proving termination of lien ; ceases to expiry of lien , pledge debtor proves that the duration of the pledge was to this time limited.

  • 35h

The data entries based on the decisions of public authorities , which created a lien , a change of such registrations made ​​on the basis of a written request by a public body chamber . Public authorities are required to send a request with enforceable decision , which created a lien or lien has been registered to the change within 30 days from the date of creation or modification of the lien .

  • 35i

(1 ) Any notary shall issue to each of its request, a copy of or extract from the register of pledges or a certificate stating that it has some thing is not registered as a pledge or that is not registered ban the Pledge on things not recorded in the register of pledges as collateral .

( 2) A person who is legally trusting the data registered in the Register of pledges , not one of which the registration relates , the right to argue that the record does not correspond to reality.

List of documents of the matrimonial property regime

  • 35j

(1 ) In the instruments of the matrimonial property regime are recorded

  1. a) deeds of contracts spouses or fiancés of the matrimonial property regime different from the legal regime of the spouses agreements to change the agreed arrangements and contracts spouses of change of marital property regime established by a court decision ( hereinafter referred to as “the Treaty of matrimonial property regime “)

b ) the court’s decision , which the court canceled or renewed community property or narrow the scope of its existing or changed marital property regime established by a court decision or an agreed matrimonial property regime (“the court’s decision on matrimonial property regime ” ) .

( 2) A list of the instruments of the matrimonial property regime includes an index and a collection of documents.

( 3 ) The Register is written

  1. a) name , surname , date of birth and residence of the spouses or fiancés (hereinafter referred to as ” spouses “)

b ) the date of closing and the effectiveness of the matrimonial property regime , marking the agreed arrangements under the Civil Code and the name, surname and address of the notary who contract a matrimonial property regime wrote , or

c ) date of issue and the decision of the court of the matrimonial property regime, its file number , designation of the court which issued the decision and an indication of whether the court canceled or renewed community property or narrow the scope of its existing or changed marital property regime ,

d ) other information required by regulations of the Chamber on the list of the instruments of the matrimonial property regime.

(4 ) the collection of documents based electronic notarial registration of the contract on matrimonial property regime or a copy of the notarial contract of the matrimonial property regime in electronic form was authorized conversion from paper form to electronic form , or a copy of the court decision on matrimonial property regime electronic form .

  • 35k

( 1) Establishment of agreements on matrimonial property regime in the collection of documents and the references referred to in paragraph 3 § 35j point . a) , b ) and d ) to register (hereinafter referred to as ” entry in the list of contracts “), the notary who drew up a contract . A notary makes an entry in the list of contracts , if the contract of the matrimonial property regime agreed otherwise at the written request of both spouses , and remote access without undue delay after the entry into force of the Treaty on the matrimonial property regime or the request on the basis of such active contract.

( 2 ) If it is not possible to write a contract to carry out a list of notary who contract a matrimonial property regime wrote , makes an entry in the list of contracts at the written request of both spouses chamber . The application shall be accompanied by an electronic copy of the notarial contract of the matrimonial property regime or notarial record of the agreement electronically produced under an authorized conversion of paper forms .

( 3 ) Establishment of a court decision on matrimonial property regime in the collection of documents and the references referred to in paragraph 3 § 35j point . a) , c ) and d ) to register (hereinafter referred to as ” writing the court’s decision to list” ) performs chamber based on the court sent a copy of the court decision on matrimonial property regime in electronic form . The court shall send a copy of the decision of the Chamber without justification .

  • 35 l

(1 ) If a contract for the matrimonial property regime or a court decision on matrimonial property regime on the UNESCO instrument of the matrimonial property regime , the spouses may invoke them against third parties , even if those with their contents were not familiar .

( 2) The Chamber publishes a manner allowing remote access to data entered in the register of deeds List of matrimonial property regime pursuant to § 35j paragraph 3 point . a) to c).

( 3 ) Any notary shall issue to each of its application from the collection of documents a copy of the matrimonial property regime or a copy of the court’s decision to change the matrimonial property regime or confirmation that the contract for the matrimonial property regime or a court decision on the change of marital property regime not in the list instruments of the matrimonial property regime entered . The request must include the name , surname and date of birth of the couple.

  • 36

The Chamber has the following authorities:

  1. a) the Assembly,
  2. b) The Presidium of the Chamber,
  3. c) the President of the Chamber,
  4. d) Audit Committee of the Chamber,
  5. e) Disciplinary Commission.
  • 37

(1) The supreme body is the Assembly Chamber.

(2) The Assembly consists of delegates and presidents.

(3) The Assembly

  1. a) from among the delegates elected and recalled by five elected members of the Presidium of the Chamber
  2. b) a member of the Presidium of the Chamber elects and dismisses the President and Vice-President of the Chamber Chamber
  3. c) from among notaries elects and dismisses members of the Auditing Committee of the Chamber,
  4. d) of the elected members of the Audit Committee of the Chamber elects and dismisses the Chairman of the commission,
  5. e) from among elected members of Notaries Disciplinary Committee,
  6. f) of the elected members of the Disciplinary Committee shall elect a chairman of the commission,
  7. g) consider and approve the report on the activities of other bodies of the Chamber,
  8. h) approve the budget and management of the Chamber,
  9. i) establishes and funds the Chamber approves rules for their creation and use,
  10. j) the amount of the contribution notarial chambers
  11. k) adopt election rules,
  12. l) adopt organizational rules of the Chamber and notarial chambers
  13. m) take office procedure, disciplinary order and trial order
  14. n) the procedure for the designation and organization bankruptcy under § 8, paragraph 6,

a ) approve the compensation for loss of time associated with the function in the Chamber ,

  1. p) may cancel or change the order of the Presidium of the Chamber ,

q ) adopt the regulation on registration of legal proceedings in the event of death,

r ) adopt regulations on the registration documents of the matrimonial property regime

a ) adopt provisions on the list of statements to determine the guardian

t ) adopt provisions on the Register of pledges ,

  1. u) adopt provisions on the list of the instruments of the matrimonial property regime.

(4 ) The validity of the provision pursuant to paragraph 3 . m), n ) and q) to u) needs the approval of the Ministry.

  • 38

(1) The Presidium of the Chamber is the governing and executive body of the Chamber. The members of the Presidium of the Chamber, the President of the Chamber, Chamber vice president, presidents and other elected members.

(2) The Presidium

  1. a) Assembly convenes at least once a year; convene parliament within one month of each if requested by at least one third of members of the Assembly, or if requested by at least two Notary Association or if requested by the Audit Committee of the Chamber,
  2. b) organize professional training of notaries and provides publications, study, documentation and information activities,
  3. c) keep records of notaries, clerks and candidates in the Czech Republic
  4. d) manages the funds of the Chamber and manages its property,
  5. e) manages the funds of the Chamber,
  6. f) organize notary tests and appoints the members of the examination committee,
  7. g) propose to the Minister of Justice as a member of a notary public of the competence of judges and alternate
  8. h) exercise the powers of the Bar stipulated by this Act, unless the Assembly is not.
  • 39

(1) The President of the Chamber

  1. a) represents the Chamber on the outside and acts on its behalf in all matters
  2. b) controls the assembly proceedings,
  3. c) convened by the Presidium of the Chamber at least once every three months, convened by the Presidium of the Chamber within 20 days each time if requested by the third member of the Presidium of the Chamber or if requested by the Audit Committee of the Chamber,
  4. d) chair the meetings of the Presidium of the Chamber
  5. e) make decisions within the scope of the Presidium of the Chamber, which can not be delayed, the decision must be approved at the next meeting of the Presidium of the Chamber.

(2) The President of the Chamber represents the vice president of the Chamber.

  • 40

(1) The Audit Committee of the Chamber consists of the President and four other members.

(2) Membership of the Audit Committee of the Chamber is incompatible with membership of the Presidium of the Chamber.

(3) The Audit Committee of the Chamber

  1. a) monitoring the implementation of resolutions of the Assembly and the activity of the Presidium of the Chamber for that purpose must be the Audit Committee of the Chamber of access to all documents of the Chamber,
  2. b) submit to the Assembly at least once a year a report on the results of inspections.
  • 41

(1) The Disciplinary Board shall consist of the Chairman and four other members. Membership in the disciplinary commission is incompatible with membership of the Presidium of the Chamber.

(2) Details of the activities of the Disciplinary Committee Disciplinary Code.

SECTION THREE

COMMON PROVISIONS

  • 42

(1) Election authorities and the Chamber of Notaries are secret. The election period is three years.

(2) The election may be made if an absolute majority of eligible voters. Method of implementation options set by the Electoral Code, which can also determine in which cases it is necessary to present a higher number of eligible voters.

(3) The election results shall be reported to the Ministry. Notary Chamber also announce the election results and the Chairman of the Chamber of the Regional Court.

  • 43

(1) The collective bodies and the Chamber of Notaries may not be valid only if an absolute majority of its members. A valid resolution requires the approval of a simple majority of members present.

(2) The provisions referred to in § 37 paragraph 3 point. l) and m) may determine in which cases the validity of the procedure referred to in paragraph 1, requires an approval or a higher number of members.

  • 44

(1) The functions in the bodies and the Chamber of Notaries are honest, and the Chamber of Notaries shall be paid to members of its organs for the performance of these functions, compensation for loss of time and cash expenses.

(2) Member of the institution and the Chamber of Notaries shall not participate in the discussion and decision on this matter on his body, his notarial office or people close to him.

PART FOUR

SUPERVISION AND DISCIPLINARY PROCEEDINGS

  • 45

(1) The Ministry shall exercise state supervision over activities under § 2

(2) The Chamber supervises the activities of notarial chambers and the activities of notaries and the conduct of notarial offices.

(3) The Chamber of Notaries shall supervise the activities of notaries and the conduct of notarial offices in their district.

  • 46

Supervision is carried out mainly control files, documents, articles custody and registration aids notary.

  • 47

Minor deficiencies in the activities of notaries or minor lapses in behavior supervisor notaries admonishes.

  • 48

(1) A notary public, clerk candidate and shall be accountable for disciplinary offenses.

(2) A disciplinary offense notary or clerk candidate is

  1. a) serious or repeated breach of his duties under this Act or a separate law or regulation of the Chamber, or notary government resolution authority, or
  2. b) serious or repeated violation of the notarial profession dignity of his behavior.

(3) Notaries can be for a disciplinary breach, any of the following disciplinary measures

  1. a) written warning,
  2. b) a fine of up to one hundred times the minimum monthly wage set by a special legal regulation, or
  3. c) revocation of a notary.

(4) may be a candidate for a disciplinary breach, any of the following disciplinary measures

  1. a) written warning,
  2. b) a fine of up to twenty times the minimum monthly wage set by a special legal regulation, or
  3. c) the withdrawal of representation, in the case of Deputy Registrar pursuant to § 14 or 24

(5) The trainee may have disciplinary breach, any of the following disciplinary measures

  1. a) written warning, or
  2. b) a fine of up to five times the minimum monthly wage set by special legislation.

(6) If it was imposed upon revocation of notary, notary can not be revoked for a period of 5 years from the decision on the appeal appointed notary. If it was imposed upon revocation of representation, a candidate can not be revoked for a period of 5 years from the appointed representative of the appeal or be appointed a notary.

(7) The proceeds of fines seems the Notary Chamber, which is a member of the notary, or notary whose list of candidates, the candidate is registered or in which the list of notary clerk trainee is enrolled. If the fine is not paid, made a decision to impose a fine on a proposal Notaries under special legislation 4b).

  • 49

(1) Whether the notary or clerk candidate committed a disciplinary offense, and the imposition of a disciplinary proceeding shall, in every case appointed a three-member disciplinary panel consisting of a presiding judge and two lay judges from among the members of the Disciplinary Committee. The members of the disciplinary panel shall determine by lot and writing the Disciplinary Committee appointed by the President of the Chamber.

(2) At the request of a member of the disciplinary panel or the Vice President of the Chamber Chamber decides if the disciplinary panel of the disciplinary action brought by the President of the Chamber or participate if the president of the Chamber or in the case, with the consent of the Presidium of the Chamber shall relieve a member of the disciplinary panel, which is a serious breach its obligations or otherwise jeopardize confidence in the fair and impartial decision of the disciplinary panel. The termination of the one of the members of the disciplinary panel, Chairman of the Disciplinary Committee of the Chamber in writing without delay appoint a new member of the manner pursuant to paragraph 1

(3) Disciplinary proceedings are initiated on the proposal, which is called the disciplinary action.

(4) Disciplinary action may be filed

  1. a) the Minister against any notary, candidate or trainee,
  2. b) against any president of the Chamber of Notaries, candidate or trainee,
  3. c) the President against the notary who is based in the district of Notaries, the candidate who is registered in the list of candidates maintained by the respective notarial Chamber of Notaries, and trainee, which is listed on the list maintained by the respective notary trainees Chamber of Notaries,
  4. d) the President of the Regional Court against a notary who is based in the district court, the candidate who is registered in the list of notary candidates maintained by the respective Chamber of Notaries, having its registered office within the jurisdiction of the court, and against the trainee, which is listed in the list of notary trainees, maintained by the respective Chamber of Notaries, having its registered office within the jurisdiction of the court,
  5. e) the President of the District Court against the notary who is based in the district court, in the case of disciplinary proceedings for misconduct in disciplinary action notary as court commissioner designated by the court, also against the candidate or trainee who at the time was a disciplinary offense in the working ratio of an authorized notary as a court commissioner, in the case of disciplinary proceedings for a disciplinary offense in his work based on commission as a notary court commissioner

(Hereinafter referred to as “disciplinary plaintiff”).

(5) Disciplinary action shall be submitted to the Chamber and may be filed within six months from the date on which the applicant learned of the disciplinary offense, but not later than 3 years from the date of the disciplinary breach occurred.

(6) Disciplinary action must contain the name or names and surname of the notary or clerk candidate against whom directed, the address of his residence, the address of notary offices, marking the Notary Chamber, which is a member of the notary, or notary whose list of candidates, the candidate is registered or in which the list of notary’s clerk clerks entered description of the act for which disciplinary action is brought, the names of the evidence on which the disciplinary action is based, and the proposed disciplinary action. The disciplinary action shall be accompanied by evidence that the plaintiff has a disciplinary available.

(7) A notice of disciplinary action shall notify the Chairman of the Disciplinary Commission of notary or clerk candidate against whom disciplinary action has been filed (hereinafter “respondent has”). Instructions as to the right to a defense counsel from the notaries or lawyers to comment on matters which he blamed for, and propose evidence in his defense. The opening of proceedings shall also notify the Secretary of State, unless the disciplinary prosecutor.

(8) the disciplinary respondent who is not represented, the disciplinary panel shall appoint a guardian, if required by the protection of his interests, in particular he suffer from a mental disorder or illness that prevents him from defending himself. Disciplinary panel shall appoint a guardian notary or lawyer with his consent.

  • 49a

(1) disciplinary respondent in the proceeding may be represented by another lawyer or notary.

(2) In proceedings may interrogate witnesses, experts and participants only if they voluntarily attend and testify.

(3) An authorized member of the disciplinary panel shall undertake the necessary investigations, in particular examine the need for additional facts and evidence are not listed in the proposal, and in the case of documents or other things, they shall finish the proof. Acts in disciplinary proceedings can not be made, upon the request of the disciplinary panel, and the court costs of the Chamber; court request be granted, unless the act inadmissible under the Act. The Court shall take all actions and decisions that are required to execute a request.

  • 49b

(1) The Disciplinary Panel without hearing procedure stops when

  1. a) Disciplinary action filed late or has been withdrawn,
  2. b) was a notary revoked or if the exercise of his office expired or ended if the employment of a candidate or a notary clerk,
  3. c) disappeared responsibility subject to disciplinary proceedings for a disciplinary offense, or
  4. d) has been on the offense for which disciplinary action, res judicata in criminal proceedings.

(2) The Disciplinary Panel shall stay the proceedings if it considers that the deed that the disciplinary respondent blames the elements of a criminal offense and the matter to the competent authority responsible for criminal proceedings.

(3) The Disciplinary Panel interrupts the disciplinary proceedings also occurs if it becomes aware that the act for which disciplinary proceedings were initiated, the respondent has criminally prosecuted.

(4) The Disciplinary Appeal continues in proceedings interrupted pursuant to paragraphs 2 and 3, where the body active in criminal proceedings ruled that the act could be considered as a disciplinary offense.

(5) Unless the disciplinary panel on the cessation or interruption of disciplinary proceedings, the chairman date of the hearing and inform the disciplinary prosecutor, respondent accused, and if the representative, his representative. If the respondent has established a guardian pursuant to § 49, paragraph 8, the hearing date shall be communicated to a guardian. If you need to hear witnesses, summon the President of the disciplinary panel to attend.

  • 49c

(1) If the disciplinary panel concludes that the respondent has committed a disciplinary offense, decide the guilt and placed him one of the disciplinary measures listed in § 48 paragraph 3 to 5

(2) If the disciplinary panel concludes that the respondent has committed a disciplinary offense or disciplinary offense he can not prove decides that a respondent has a disciplinary charge releases.

(3) If the disciplinary panel proposal for the imposition of disciplinary measures or disciplinary respondent dismissed disciplinary charges acquitted, the notary or clerk candidate against whom the disciplinary proceedings were conducted, entitled to reimbursement for expenses incurred in connection with the disciplinary proceedings, the claim that the disciplinary panel decided in a decision procedure ends. He handed the disciplinary action disciplinary petitioner referred to in § 49, paragraph 4, point. a), d) and e) a notary or clerk candidate against whom the disciplinary proceedings were conducted, are entitled to this reimbursement to the state. He handed the disciplinary action disciplinary petitioner referred to in § 49, paragraph 4, point. b) a notary or clerk candidate against whom the disciplinary proceedings were conducted, entitled to this allowance against the Chamber. He handed the disciplinary action disciplinary petitioner referred to in § 49, paragraph 4, point. c) a notary or clerk candidate against whom the disciplinary proceedings resulted entitled to compensation from the Notary Chamber of Commerce, whose president was the disciplinary prosecutor.

(4) Costs of disciplinary proceedings shall be borne by the Chamber. The decision referred to in paragraph 1, have deposited disciplinary panel disciplinary respondent to pay the costs of the Chamber provided a lump sum in the Penal Code.

(5) The Chamber witness replace cash expenses and income that clearly escaped him. Claim should be filed with the Chamber within three days of interrogation, otherwise it expires, the witnesses must be advised. Reimbursement of cash expenses and fees of experts and interpreters shall be governed by special laws 4c).

  • 50

(1) for a decision in disciplinary proceedings is critical factual and legal situation at the time of the disciplinary offense was committed; subsequent legislation shall be applied if it is for disciplinary accused favorable.

(2) The decision of the disciplinary panel shall be served on respondent and petitioner into their own hands. If the respondent has a management representative or guardian, the decision shall be delivered to them instead of disciplinary respondent.

(3) A decision of the disciplinary panel, and the respondent has a disciplinary petitioner filed within 15 days from its receipt of the appeal to the Chamber. Appeals must be justified and shall have suspensive effect.

(4) An appeal shall be decided for each case appointed a five-member disciplinary panel consisting of a presiding judge and two members appointed by the President of the Chamber on the proposal of the Presidium of the Chamber, and two members designated by the President of the Chamber by lot from among the members of the Presidium of the Chamber. If the disciplinary panel to decide on an appeal against a decision of the disciplinary hearing by the President of the Chamber or participate if the president of the Chamber or in the case, the presiding judge and two members on the proposal of the Presidium of the Chamber of 2 members appointed and determined by lot from among the members of the Presidium of the Chamber Vice President of the Chamber. Serving as a member of the Board of the disciplinary panel is incompatible with membership of the disciplinary panel, as well as previous performance of a member of the disciplinary panel against the same respondent in the same disciplinary matter.

(5) Details of disciplinary proceedings the Disciplinary Rules.

  • 50a

Rehabilitation of disciplinary sanctions

After the expiry of 5 years from the decision on the imposition of the disciplinary responsibility for looking at a notary candidate or trainee, as not for disciplinary offenses prosecuted. If the performance of disciplinary action until finished, disciplinary sanctions to stamp out performing disciplinary action.

  • 51

Requests the notary whose medical condition does not consistently work properly perform notary, on appeal, suggests the Chamber of Notaries, of which he is a member or minister disciplinary committee to decide that his health was permanently does not work properly perform notary. The provisions of § 49 and § 50 paragraph 3 shall apply mutatis mutandis.

PART FIVE

GENERAL PROVISIONS ON THE ACTIVITIES AND PROVIDE NOTARY LEGAL AID

  • 52

A notary’s notarial activities and the provision of legal aid bound laws and other generally binding legal regulations. When providing legal assistance is also bound by the client’s instructions.

  • 53

(1) A notary refuse to execute the required actions, if

  1. a) the act is contrary to law or other generally binding regulations and the Act or another law provides otherwise,

b ) it is an act of the notary and notary activities , his employee or a person close to notaries are involved in the case ,

c ) in the case has already provided legal assistance to another person whose interests are contrary to the interests of the person requesting legal assistance requests , or

d ) if so provided in this Act .

(2) A notary may refuse the transaction if the applicant fails without good reason to pay reasonable advance notary.

(3) Except as specified in paragraphs 1 and 2 shall not refuse to perform any act notary in the notary business, unless the law or a special law provides otherwise.

  • 54

(1) A notary may withdraw from the contract to perform a notarial act in business or a contract for the provision of legal assistance (the “Agreement”), if

  1. a) there has been a breach of trust between him and the applicant or client
  2. b) the applicant or the client does not provide the necessary assistance,
  3. c) the applicant or client fails without good reason to pay reasonable advance notary.

(2) A notary always withdraw from the contract if it finds additional facts stated in § 53 paragraph 1

(3) A notary is required for 15 days from the date of said applicant or client withdrawal take all necessary actions, if the applicant or client has not made other arrangements.

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(1) If a notary refused to perform an act pursuant to § 53 or if a notary declared the contract according to § 54, shall make a record in the file, stating the reasons for refusal or withdrawal.

(2) If the applicant or the client’s request, it shall notify the notary under paragraph 1 of the reasons in writing.

(3) The applicant or client may lodge a complaint against the procedure under § 53 or 54 Abuse assesses the Chamber of Notaries.

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