Quick Overview
The deletion of data from the Commercial Register is typically handled by submitting a request for an amendment or deletion via the online form on Justice.cz. The request must be filed by an authorized person, typically the company itself or a person authorized by law to do so. The application must be accompanied by documents proving why the information should be deleted. If the entry concerns you but you are not authorized to file the request yourself—for example, if a foreign company has its registered office on your property—you can file a complaint with the registry court. The court may order the company to rectify the situation and, if it fails to do so, take further action.
We can prepare the documentation needed to register changes to your homeowners’ association, housing cooperative, or company in the Commercial Register— just contact us.
Tip for article
Tip: A person who is not personally authorized to file a motion to have such data deleted must then petition the registry court to investigate the matter.
The Justice Commercial Register and Changes
Let’s take a look at the changes you can initiate in the Justice.cz registry and how to make them.
A Smart Form Will Help with Deletions
A request to enter any data, change it, or delete it from the Commercial Register can be submitted exclusively using the designated form, which can be found here: https://or.justice.cz/ias/ui/podani. The Commercial Register on Justice.cz allows for online submission.
To delete data, simply enter the identification number of the existing entity and make the requested change in the interactive, so-called “smart” form. The advantage of this interactive form is that it automatically fills in the entity’s previously registered information for you, including the name of the court to which the petition is addressed.
Application or Motion? That’s a Crucial Difference
If you are a person authorized to act on behalf of a company—typically an executive, a member of a statutory body, or an authorized representative—you handle the deletion of data by filing a petition to record the change in the Commercial Register. The court then reviews the petition and the attached documents.
A different situation arises if the outdated information concerns you, but the law does not grant you the right to file a petition directly. This typically applies to the owner of a property where another company still has its registered office, or a former member of a governing body whom the company has left registered in the registry. In such cases, an application for deletion is generally not filed; instead, a motion is filed with the registry court to investigate the discrepancy between the entry and the actual facts.
Support the information to be deleted with supporting documents
An application to amend or delete information in the Commercial Register must always be supported by documents evidencing the facts to be entered or deleted.
For example, a petition to remove a member of a company’s statutory body must be supported by documents certifying the reason for the termination of the position, which may be a statement of resignation or a resolution to remove the member from office.
At the same time, the newly elected member of the statutory body should also be entered into the Commercial Register, which is then substantiated by a resolution on his or her election. While the consent of a newly elected member of the company’s body is required for entry into the Commercial Register, such consent is not required for the removal of the original member from the Commercial Register.
Before you begin filling out the form, please have the following ready:
- documentation explaining why the information is to be deleted or amended,
- the current decision of the relevant corporate body,
- the consent of the new person to be registered, if a new member of the corporate body is being registered,
- a document regarding resignation, dismissal, or termination of office,
- a power of attorney, if the application is being submitted by a representative,
- documentation of the legal basis for the use of the registered office, if the company’s registered office is being changed.
Are you solving a similar problem?
We Can Help with the Commercial Register
Entries in the commercial register on justice.cz are not merely a formality. They are among the important obligations that have many legal consequences. At the same time, errors can occur in the register. Furthermore, the registry is not updated immediately and operates according to its own rules. It is in your best interest to ensure that the information in the registry always reflects reality.
Consult a lawyer
- When you order, you know what you will get and how much it will cost.
- We handle everything online or in person at one of our 6 offices.
- We handle 8 out of 10 requests within 2 working days.
- We have specialists for every field of law.
Tip for article
Tip: Have you become a sole proprietor and are wondering what information about you will be publicly available in the Trade Register? Do you need to apply for registration, and how can you correct any inaccurate or outdated information? We’ve covered all of this in our article.
An accessible attorney advises: A motion to amend or delete an entry in the Commercial Register may be filed in paper or electronic form. If the application is submitted in paper form, the applicant’s signature must be notarized. An application submitted electronically must be signed electronically or sent via a data box.
The recorded information does not correspond to reality
Ideally, entities listed in the Commercial Register should keep their information up to date and accurate, which is, after all, their legal obligation. Nevertheless, you may find that a piece of information in the Commercial Register that applies to you is no longer current but is still listed there.
Change of a company’s registered office
This can easily happen, for example, if you buy a new house or apartment and fail to check at the time of purchase whether any company has its registered office listed at that property.
However,changing the registered office of such a company may not be entirely straightforward. In the best-case scenario, the company will agree to your request, the contract (lease or sublease) entered into by the previous owner will be terminated, or the consent to establish the registered office will be revoked, and the company will then file a petition to register the new registered office in the Commercial Register.
A typical real-life scenario: a new apartment owner discovers only after the purchase that a company with which they have no connection has its registered office at their address. The company does not respond, mail is returned, and the owner fears that demands for payment, enforcement notices, or official documents will be sent to their address. In such a situation, it is important first to revoke consent to the registered office or to prove that the company no longer has a legal basis for using the premises, and then to contact the registry court.
Tip for article
Tip: If a company has its registered office at your property or if you yourself are listed as a member of a company’s governing body, make sure that the information recorded in the registry matches the actual situation.
However, if it fails to do so, it may be a company that has long since ceased to be reachable and no longer actually operates at that address. In that case, you will have no choice but to contact the relevant registry court after the contract has been terminated or consent to the registered office has been revoked, requesting an investigation into the situation. If the registry court determines that the company has no legal basis for using the premises listed as its registered office, it will order the company to remedy the situation.
If the company fails to submit, even within the specified time limit, a document authorizing it to use the premises in question, the court will order the dissolution of the company with liquidation.
Unfortunately, as the property owner, you cannot directly file a petition to have the registered office removed from the Commercial Register; however, you can file a motion with the court to investigate the matter and then wait for the court to complete its investigation.
Positions on a Company’s Governing Body
You may find yourself in a similarly unpleasant situation if you agreed to become a member of a company’s governing body —whether as a member of the executive or supervisory body—and your term of office ends for some reason. Your term of office has ended, or perhaps you have resigned from your position, but this change has not been reflected in the Commercial Register.
Once again, you have no choice but to contact the company in question to have the entry in the Commercial Register brought into line with reality, and if it fails to do so, you will have to, just as in the previous case, file a petition with the competent registry court. Here, too, a company that does not have properly elected members of its governing bodies risks being struck from the Commercial Register.
From our experience as attorneys, we know that the biggest problem is not the form itself, but providing the correct supporting documents. People often assume that it is sufficient to simply inform the court that the information is no longer valid. However, the registry court needs to see the basis for the change—for example, a revocation of consent regarding the registered office, termination of a contract, a decision by a company body, or a document confirming the termination of office.
Tip for article
Tip: Are you planning to start a business but aren’t sure whether registration in the Commercial Register applies to you at all? Or do you want to check out a company before you start working with it? Read on to get a handle on the important information and avoid making a mistake.
Summary
The deletion of data from the Commercial Register is most commonly handled by filing a request for an amendment or deletion using the online form on Justice.cz. The request must be filed by an authorized person and must be accompanied by documents evidencing the change. If you are not authorized to file the application yourself but the entry concerns you—for example, if another company has its registered office at your property or you are still listed as a member of a governing body—you can file a petition with the registry court. The court may order the company to rectify the situation and, in the event of inaction, take further measures. It is advisable to address outdated entries promptly, as government agencies, banks, business partners, and the general public all rely on the Commercial Register.
Frequently Asked Questions
Who can file a motion to have information removed from the commercial register?
A petition may be filed by an authorized person—typically a company, its statutory body, or a representative acting under a power of attorney. If you do not have such authorization, you may file a complaint with the court.
Can I remove another company's registered office from my property?
Generally, not by filing a motion. If the company has no legal basis for using your property, you can file a petition with the registry court and provide evidence explaining why the entry does not reflect the facts.
What documents are required to remove an executive from the company?
Typically, a document evidencing the termination of a position, such as a resignation, a decision to remove someone from office, or the minutes of a general meeting. It depends on the specific situation and the company’s documents.
Does a former managing director have to consent to being removed from the commercial register?
The consent of a former member of the body to the removal itself is not usually required. However, it is necessary to provide evidence that the member’s term has indeed ended.
How long does it take to delete data from the commercial register?
The length of the proceedings depends on the court’s caseload and whether the documents are in order. If the petition contains errors or is missing attachments, the court will request that the information be supplemented, and the entire process will be delayed.
What if the company does not respond to requests to correct the information?
If the company fails to bring its records into compliance with the facts, the registry court may take further action in accordance with the law. In extreme cases, this may even result in the dissolution of the company and its liquidation.
