Entries to public registries recordable directly by notaries
03. 09. 2015
As of the middle of this year, entries to public registries can be made through public notaries. Even though this possibility has been introduced already by Act No. 304/2013 Coll., on public registries of legal and physical persons, it became realistically possible to do so only now. Over a year-long delay has been caused by the absence of IT support and secondary legislation.
As of now, all public notaries have electronic access to the Company Registry and other public registries, such as the Registry of Associations, Registry of Condominium Owners´ Associations, etc. In practice, this means that records which were previously made by registry courts can be now made by notaries subject to specific conditions defined by law. Thus, it is no longer necessary to file a motion with the registry court and wait for it to be processed.
A notary may make an entry to a public registry following the submission/execution of the following documents:
1. Background document in the form of a notarial deed (such as a notarial deed about formation of a limited liability company);
2. A document required by law for a registration in a public registry and/or for submission to the Collection of Documents;
3. Notarial deed on certification (e.g. certifying that legal steps were taken following, for instance, a decision of a company´s body outlined in the background document).
All notarial deeds must be drafted by the same notary who will make the respective recording into the public registry.
This procedural change will translate into the cost of incorporation into public registries, namely when it comes to initial registration. For the entry to be made, the petitioner will pay (i) a fee to the notary and (ii) respective court fees. In addition, there are costs of the drafting of the background document and of the certification notarial deed. Therefore, it is worthwhile in cases when a notarial deed certifying particular facts is required by law.
The notary fee as set forth in the Notary Fees List is a fixed amount of CZK 300,-. The court fee is set forth in the Act no. 549/1991 Coll., on court fees, and is significantly lower than a court fee which would be paid when filing the same motion with the registry court.
The notary will pay the court fee, will submit documents in an electronic form to the court, and will file documents in the Collection of Documents. The documents will become visible on the web portal justice.cz, under the tab Public Registries and Collection of Documents, on the following day, however, the petitioner may prove the registration on the day of entry on the basis of a copy slip the notary receives upon submission.
We can offer our clients comprehensive drafting of all documents as well as a direct registration by a notary using our affiliate notary office.
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