You must change the statutes for eserka by the end of June. Otherwise a threat of a fine

Only first-hand companies have access to documents according to the new regulations. These are, for example, the articles of association, social contracts and remuneration.

The paragraphs of the Novoobansk Group’s first-person agenda have been in force since the end of this year, but companies have been given some time to adapt their charters, statutes and partnership agreements to the new first law.

While associations, foundations, states and associations of unit owners must do so within three years of activity, ie no later than January 1, 2017, public companies, limited partnerships, limited liability companies, companies and companies must do so by the end. June lettuce.

The allies should therefore carefully study the new rules and convene a general meeting to agree on the necessary changes, or otherwise agree on it. If they do not do so and do not react to the summons of the court records, the first person will be dissolved.

What does I have to change?

It is an established, so-called coercive standard, which must be set for all first-time persons in the same way, so that the protective companies and those who come into contact with the company, for example, trade.

“It is, for example, the duty of one-day pub only the authority of the first persons, including the responsibility for causing the downfall. According to, for example, the law stipulates the necessary bodies of first-time persons, the names of their forms, and the manner of acting for the first-time persons, ”explains lawyer Frantiek Korbel from the law firm Havel, Holsek & Partners.

By the end of June, it is necessary to adjust the remuneration for membership in the company’s bodies. The total amount of remuneration must be newly determined in the contract on the performance of the function, which is concluded for these members between the company and the members of the body.

If this contract has not yet been concluded at all, or in such contracts errors the right of remuneration, the performance of the function is free from 1 July 2014. In order for the members of the body to receive a remuneration, it will be necessary to draw up such a contract, or revise it, within six months of the date on which it becomes active. In addition, the contract must be approved by the body that elected the member (usually the general meeting).

You will pay for inability

Anyone who accepts the function of a member of an elected body undertakes to perform it with the necessary loyalty as well as the necessary knowledge and diligence. End the function of the function for simple “inability”. It is assumed that the code is the responsibility of someone who is not able to pub for a long time, and he had to find out when accepting the function or during its performance, and do not draw consequences for himself. that he will be responsible for the code, which his inability of the first persons causes. This obligation also applies to members of the bodies of the first persons of the public law, ie to the policies and functions of the state, municipalities and the region.

The law on business corporations regulates, in addition, to go for business companies and the state rules of conflict, the responsibility and responsibility of the authorities only for the collapse of the company. “Business corporations may not pay profits or funds from other own sources, or pay a deposit if they make a downfall,” confirmed Ji Gao, a freshman who was involved in creating the new civic end.

“This general rule also affects cases where the company meets the conditions for payment in terms of formal ethnicity, but the actual economic situation of the company is different,” adds Gao. only the body is obliged to inform the other members of the body, the control body, or the highest body of the company about its state of affairs with the name of the business corporation without undue delay.

even a former statutory body of a commercial company is personally liable for all its property for the fulfillment of their duties, if they know or know could and should be that the company is in serious danger, and, contrary to the bottom of the pub, did not make it a distraction.

“Here, the rule of the business court is newly formulated. not only the body is not responsible for the result of the business, but for the way it acts. If only the statutory body proves that he acted loyally, informed and in the defensible form of the company, he will not be held liable, ”explains lawyer Vlastimil Pihera from the law firm Kocin olc Balatk. If the bag proves that only the statutory body has not taken the necessary to avert the company’s failure, the court will be able to exclude it from office and for a term.

Enrollment accelerated

If you set up a company and you have written the necessary founding documents on a notebook, you do not have to go through a lengthy process to the court, which will re-assess your documents. You can have the new data entered in the public register by note. So the change will take place very quickly, in two minutes, after the documents have been approved.

Specific changes, for individual first persons

  • Association – This is a former civic association, which was automatically transformed into associations on 1 January 2014. It is a voluntary union of at least people. Associations must bring their statutes into line with the new legislation by the end of 2016. If you would like to establish a new association, you will submit your proposal directly to the so-called court register, ie the regional court according to the association, which enters the new association. In addition to the basic data, the new one also contains a collection of documents, in which you will find, for example, the founding documents on which the association was registered. In this way, even those people who join the members of the association can verify that they are dealing with the rightful person.
  • Public trading company and limited partnership -The new thing is that these companies can only new you to the first of your own property, not just a business, as was the case with two of them.
  • Joint stock company – As with a limited liability company, it is possible to wall several types of individual floors or actions. For example, it will be possible to issue shares with special first ones, which account for a different share of profit and the way it is paid. The joint-stock company can thus decide, according to its own needs, how it will be organized – whether the board of directors and the supervisory board (dualistic system), and the effective board will be the first board with a statutory director, who will also be at the head of the board (monistic system).
  • Societies – Probably the biggest advantage is that the crushing floor to the apartment can be stopped. So if you are buying an apartment and need to go to the bank, you should not get into the pot. In the statutes, I can rule out the possibility that it is possible to stop the house under the apartment. Therefore, you should grow your tents before buying them. In addition to housing companies, the law on business corporations is newly introduced as a social society, the aim of which is to help integrate socially disadvantaged people in society.
  • Limited liability company – Allies, as well as two partners combined in all their unpaid deposits, however, the new capital may be only 1 crown, it is not required 200 thousand crowns. The company with limited liability does not have to create a reserve fund. One person may be the sole partner in other limited liability companies or may own more than one type of business.
  • Association of unit owners – In a house where there is at least five apartments, at least some of which are owned by various owners, it is obligatory to establish a community of unit owners. The ownership association was established by the approval of the articles of association and was established on the day of its entry in the public register. The owner of the apartment on a functioning community of unit owners depends on the floor on the common walls. “Shares in the common areas can be determined with regard to the location of the apartment, its attractiveness and price. If this does not happen, the salary is determined by the ratio of the floor area of ​​individual apartments, ”adds Vlastimil Pihera.

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