Amendment to the Civil Procedure Code

Act No. 501/2001 Coll. amending and supplementing the Act No. 99/1963 Coll., the Civil Procedure Code, as amended

The subject of the amendment to the Civil Procedure Code is mainly implementation of binding acts of acquis communautaire (the law of the European Communities) from the area of corporate law into the Slovak procedural law.

At the same time, the application problems connected with the last amendment to the Commercial Code relating to registration of data in the Commercial Registry or depositing of deeds into the Collection of Deeds are solved in this amendment.

In accordance with the new regulation of proceedings in respect of the Commercial Registry, the amendment specifies in details that these proceedings matters of the Commercial Registry are commenced upon a petition of an individual or a legal entity, to which the registration in the Commercial Registry relates, persons authorised thereto under the Act or persons authorised to act for and on behalf of these persons in writing, unless the Act stipulates otherwise.

The amendment expressly stipulates that the registration in the Commercial Registry shall be performed as of the date stated in the petition for registration. If the resolution on registration is issued later or the petition does not contain the date as of which the registration is to be performed, the registration shall be performed as of the date stated in the verdict of the resolution on the content of registration.

It is also stipulated that genuineness of signature of a person filing a petition for registration in the Commercial Registry and genuineness of signature of an attorney (if applicable) must be verified.

The court may commence proceedings also without a petition if conformity between the registration in the Commercial Registry and the actual status is to be reached.

In accordance with the amendment, facts registered in the Commercial Registry are effective from the date as of which the registration was performed, regardless of the effectiveness of the resolution by which the registration was permitted, unless a special regulation stipulates otherwise.

The amendment to the Civil Procedure Code introduces that if an individual registered in the Commercial Registry or a person authorised to act for and on behalf of a legal entity registered into the Commercial Registry does not fulfil an obligation to file a petition for registration of changes or cessation of the registered data within 30 days at the latest and to submit to the Registry Court deeds which are to be deposited into the Collection of Deeds within 30 days from their execution, the Registry Court may impose a penalty up to SKK 100,000 upon such person.

Pursuant to the amendment to the Civil Procedure Code, the Commercial Registry is a public list of data specified by a special Act and the Collection of Deeds forms a part thereof. The Commercial Registry and the Collection of Deeds are accessible to everyone; each person has a right to inspect the Commercial Registry and make copies therefrom after fulfilment of a duty to pay the fees.

The Registry Court issues to an applicant upon a request and after fulfilment of stamp duty, a copy, an extract or a certificate on particular registration or on the fact that there is no particular registration in the Commercial Registry, as well as a copy of deeds from the Collection of Deeds.

This Act is in force from 1 January 2002.

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