The business register, or Companies Register, is a public register into which the data required by the law on business companies, corporations, cooperatives and some natural persons are recorded. These data change over time, as company headquarters are relocated and the statutory bodies, members, or company owners / partners come and go.
All such changes need to by entered into the Justice.cz business register in time. The original record is usually replaced by the new entry; some businessmen, however, neglect the update, so their data become invalid.
Tip: A person unauthorized to file the motion to delete such data may petition a registration court to conduct an investigation.
Let’s examine the changes that you can initiate at the Justice.cz business register and learn how to go about it
The motion to enter, alter or delete any data is always filed by means of the prescribed form, which can also be filled in online.
To delete an entry, simply enter the identification number of an existing subject and submit the change using the smart form. This interactive tool automatically autofills some boxes, including the name of the relevant registration court.
The motion to alter or erase an entry in the Czech Companies Register must always be substantiated with documents.
For instance, the motion to delete a company’s statutory body requires documents explaining the reason for ending the function, such as a declaration of resignation or the resolution to dismiss a body member.
At the same time, the new statutory body member’s name ought to be recorded and, again, their election documented. While the new statutory body member’s permission is necessary to record their name in the business register, nothing of the sort is required when deleting their predecessor’s record.
Recording data at justice.cz is far from a mere formality – it’s an important obligation with many legal ramifications. Unfortunately, it’s possible to misstep despite the help of the interactive form. Furthermore, the register isn’t updated instantly and is subject to a number of regulations. Entering correct and up-to-date data is in your best interest.
Your Attorneys Online advise: the motion to alter or delete an entry at Justice.cz may be filed in writing or electronically. The submitter’s signature on the written document must be attested to, while the electronic motion must either include a digital signature, or be submitted via a data box.
Ideally, business subjects keep their data up-to-date in the Companies Register, so that they correspond with reality. After all, it’s one of their legal obligations. Despite this, you may become unintentionally responsible for an outdated record. How?
Such a situation may easily occur when you purchase a house or flat and forget to check whether or not it serves as a company headquarters.
Moving the headquarters of this company may prove difficult. In the best case scenario, the company will a) comply with your request, b) terminate its lease or subletting contract concerning your new location (alternatively, the previous owner could revoke their permission to establish the headquarters) and c) file the motion to register their new headquarters.
Tip: If a company has their headquarters in your property or if you yourself are a member of the company’s body, do verify whether the records at Justice.cz correspond with reality.
In the worst case scenario, the company won’t comply or even reply, possibly because it’s been out of contact for an extended period of time and its whereabouts are unknown. You’ll then have to petition a respective registration court to investigate the matter. If the court decides that the company has no legal reason to use your premises as its headquarters, it will order the company to remedy the situation. Only when the company fails to provide legal grounds for remaining headquartered in your property within a specified period, may the court decide to dissolve it.
As demonstrated, even the property owner can’t directly file the motion to delete a company headquarters from the business register. They may, however, turn to the court to investigate the matter and await the outcome.
You may also find yourself in a similarly unpleasant situation if you agreed to become a member of a company’s statutory or supervisory body, and your function ends – for example, your term of office ended or you’ve resigned – but the change hasn’t been recorded in the register.
Again, you’ll have to ask the company to update the business register; if they fail to do so, you’ll have to resort to petitioning the relevant registration court. As in the previous case, the court may go as far as to order the company deleted from the Companies Register.
Tip: If you’re unsure about erasing an entry from the Czech business register at Justice.cz, simply order our service – Creating an Entry in the Business Register.
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