27.04.2011
On January 1, 2012 the amendment to the Czech Commercial Code will come to force. This amendment deals with information incorporated into the Commercial register and documents that need to be enclosed to the proposal on registration. This amendment will remove birth numbers from public evidence and will also tighten up proving of the legal title for the use of the premises.
Revolutionary innovation is that from now on birth number will not appear in extracts from the Commercial Register nor will be publicized in the Commercial Bulletin.
Other changes are related to legal titles for the use of premises where the company has its seat or place of business: according to this amendment it will not be necessary to prove a legal title, which is findable in informational systems of public administration, such as public evidences, registers or lists.
If the entitled person proves the legal title for the use of premises by a declaration of the owner, such declaration should not be older than 3 months and the signature must be verified. An important change introduced by the amendment is that the company must have the legal title during the whole period of the use of the premises, which means that it will not be possible to register an address where the company will not have its actual seat. This brings up question whether the declaration itself is sufficient to prove the legal title for use of the premises or this provision will be interpreted more strictly therefore the entitled person will have to prove that there is an actual legal relationship with a subject and a period of use specified.
Other important change according to this Amendment is that signature specimens of statutory bodies will not be incorporated in the collection of documents of the Commercial Register. Cancellation of this provision is very welcomed, because disclosing of the specimens led to their abuse. According to transitional provision of the Amendment the person, whose signature specimen was incorporated in the collection of documents before this Amendment entered into force, will be entitled to ask for liquidation of such document.
