The Commercial Register is a public register in which the statutory data on companies and cooperatives and certain natural persons are entered. These data change over time, for example the address of the company’s registered office, the members of its bodies or even the shareholders themselves often change.
The described changes must always be reflected in the Commercial Register of Justice.cz in a timely manner, and the new data will be deleted in connection with the registration of the original data. Sometimes, however, it may happen that an entry remains in the Commercial Register although the entry no longer corresponds to reality and the person to whom the entry relates does not resolve the situation.
Tip: A person who is not entitled to file a petition for the deletion of such data must then apply to the registry court for an investigation of the situation.
Let’s take a look at the changes you can initiate in the Justice.cz rejsřík and how to make them.
A petition for registration of any data, its change or its deletion from the Commercial Register can be submitted exclusively on the established form, which can be found here: https://or.justice.cz/ias/ui/podani. The Commercial Register of Justice allows online filing.
In order to delete data, it is sufficient to enter the identification number of an existing entity and then make the requested change in the interactive, so-called intelligent form. The advantage of this interactive form is that it fills in for you the information already entered for the entity, including the name of the court to which the application is addressed.
The application for registration of a change of data or its deletion in the Commercial Register must always be accompanied by documents on the facts to be registered or deleted.
For example, the petition for the deletion of the statutory body of the company must be accompanied by such documents as will certify the reason for the termination of the office, which may be a declaration of resignation from office or a resolution on the removal of a member of the body from his office.
At the same time, the newly elected member of the statutory body should be entered in the Commercial Register of Justice, which is then evidenced by a resolution on his election. And while the newly elected member of the company’s body must provide proof of his consent to the entry in the Commercial Register, his consent is no longer required for the deletion of the original member of the body from the Commercial Register.
Entries in the commercial registers of justice.cz are not a mere formality. They are among the important obligations that have many legal consequences. At the same time, errors can occur in the register. And the register is also not updated immediately and has its own rules. It is in your own interest that the information in the register always corresponds to reality.
Tip: Have you become a sole trader 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 change some incorrect or outdated information? We have covered all this in our article.
An available attorney advises: A petition to change the entered data in the Commercial Register of Justice, or to delete it, may be filed in paper or electronic form. If the application is submitted in paper form, the signature of the applicant must be officially certified. If the application is filed electronically, it must be signed electronically or sent via a data box.
Ideally, the entities concerned by the entry in the Commercial Register keep the data up-to-date and corresponding to the actual situation, which is also their legal obligation. However, you may find that you are affected by an entry in the commercial register that is no longer up-to-date but is still entered there.
This can easily happen, for example, if you buy a new house or flat and do not check when you buy it whether a company has a registered office in the property.
However,changing the registered office of such a company may not be entirely straightforward. In the best case, the company will agree to your request, the contract (lease, sublease) concluded by the previous owner will be terminated or the consent to the establishment of the registered office will be revoked and the company will then file a petition for registration of the new registered office in the Commercial Register.
Tip: If the company has its registered office in your property or if you yourself are registered as a member of a company’s body, make sure that the registered status corresponds to the reality.
However, if they do not do so, it may be a company that has not been in contact for a long time and is no longer actually present at the address in question.You will then have no choice but to contact the relevant registration court after the termination of the contract or withdrawal of consent to the location of the registered office with a complaint to investigate the situation. If the registration court finds that the company does not have a legal reason to use the premises listed as its registered office, it will call on the company to remedy the situation.
If the company fails to produce a document authorising it to use the premises even within the time limit set, it shall decide to dissolve the company with liquidation.
Unfortunately, as the owner of the property, you cannot directly file a petition for the removal of the registered office from the Commercial Register, but you can file a petition with the court to investigate the matter and then wait for the court to investigate the matter.
You may find yourself in a similarly uncomfortable situation if you have agreed to become a member of a company body, whether as a member of the statutory body or a member of the supervisory body, and your position ends for some reason. Your term of office has ended, or perhaps you have resigned from the office yourself, but this change is not reflected in the commercial register.
Again, you have no choice but to contact the company in question to bring the entry in the commercial register into line with the facts and, if they fail to do so, you will have to, as in the previous case, file a complaint with the relevant registration court. Here too, a company that does not have duly elected members of its bodies may even face expulsion from the commercial register.
Tip: Are you planning to go into business but are not 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 find out important information and avoid making mistakes.
We will enter the Commercial Register or arrange any changes for you. With us, you can be sure that the registration will go smoothly and on the first try. We act quickly, professionally and at upfront prices. You can only pay after the service has been provided.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
