Randls Business Bulletin No. 3/2011
 
In this autumn issue of Business Bulletin, we highlight the most important legal news for the period of May-September 2011. In the Adopted Acts section is an article about an amendment to the Act on Court Fees that made court fees significantly more expensive and about an amendment to the Act on Information Systems of the Public Administration, which enables banks to provide services of CzechPOINT. In the area of upcoming legislation, we describe in this and upcoming issues a draft proposal of the new Civil Code and related Act on Business Corporations. We also sum up the most important points of an amendment to the Public Procurement Act. We also provide a summary of a Supreme Court decision relating to the liability of the state in the exercise of public powers and legal entity as a close person. We also address a decision of the Supreme Administrative Court confirming that it is not possible to transfer a duty imposed by public law to another person. In the Case Law section we describe a decision of the Office for Protection of Competition regarding the abuse of significant market power. Last but not least, we offer tips about the European E-Justice Portal, a website which provides information about EU and Member States’ laws, including links to national business, insolvency and land registers.

 If you are interested in reading the entire text of Business Bulletin No. 3/2011, and if you are our client, please contact us at corporate@randls.com.

Randls Business Bulletin No. 2/2011
 
In this special issue of Randls Business Bulletin, you will find information and tips regarding the upcoming Act on Criminal Liability of Corporations and on Proceedings against them. The new act provides conditions of criminal liability of corporations, punishments that can be imposed upon them and procedure of their prosecution. Unlike the current regulation, where corporations face no criminal liability at all, the Act on Criminal Liability of Corporations introduces substantial changes. Corporations must act in accordance with this act, as well as with the Criminal Code, otherwise they are criminally liable for their actions and criminal punishments may be imposed on them. The criminal punishment shall have impacts both on a person acting on behalf of a corporation and on the corporation itself. However, the acting persons may no longer “hide” behind the corporation and they will continue being individually liable. At the end of this special issue, a brief overview is given on models of criminal liability of corporations in other states and examples of situations when corporations can be held liable for their actions outside the Czech Republic.

 The entire text of Business Bulletin No. 2/2011 can be found here.

Randls Business Bulletin No. 1/2011
 
In this first Randls Business Bulletin issue of 2011, we report on news in business and commercial law for the period January 1, 2011 to March 31, 2011. Regarding adopted acts, we draw your attention to the new form for the application for the electronic payment order and amendment to the Civil Code relating to so-called time-sharing. We also focus on the upcoming amendments to the Commercial Code relating to the Commercial Register and liquidation and an amendment proposed in connection with enabling the concurrence of function of a statutory body and employment relationship. Although the aim of the amendment is to allow the concurrence, the current case law considers it impossible. Thus, you can find a decision of the Supreme Administrative Court confirming the impossibility of the concurrence of functions, while the invalidity of the employment relationship now has consequences in the field of health insurance. Furthermore, we report on a new decision of the Office for Protection of Competition relating to so-called Resale Price Maintenance. Last but not least, we examine public tenders, particularly a decision relating to the expected value of a tender. Finally, we give useful tips concerning eJustice.

 The entire text of Business Bulletin No. 1/2011 can be found here.

Randls Business Bulletin No. 4/2010
 
In the fourth issue of Randls Business Bulletin, we bring you a few legal news related to civil, business and competition law due to the Czech Government’s focus on lowering the state finance deficit in the period of the last quarter. We briefly mention the new Act on Financial Collateral, the Consumer Lending Act and changes of legal regulations occurred in connection with adoption of such acts. In the field of regulations under discussion we point out the significant proposal of the amendment to the Civil Code in flat lease relationships. Randls Business Bulletin also discusses important decisions of the Office for Protection of Competition in relation to so called “predatory pricing” and in relation to cartel agreements of CRT monitor producers. We looked at the interesting decision of the Supreme Court of the Czech Republic regarding the possibility of insurance company to refuse insurance benefit payment. And finally, we bring you information on national and foreign databases of trademarks available free of charge on the Internet.

 The entire text of Business Bulletin No. 4/2010 can be found here.

Randls Business Bulletin No. 3/2010
 
In the third issue of Randls Business Bulletin, we introduce you the essential information about the new system of basic registers of public administration. This system is intended to transform the method of collecting and storing data related to individuals, business corporations, government bodies, as well as information related to their rights and duties and regarding all immovables located in the Czech Republic. Randls Business Bulletin also looks at the most interesting decisions of the Courts and of the Office for the Protection of Competition, issued in July and August 2010. We discuss the first decision regarding “bid rigging”, as it relates to public procurement. In the field of consumer law we focus on a decision concerning prohibition of an arbitration clause in consumer contracts. Another pertinent issue concerns the repeal of a provision of the Insolvency Act, which is essential for exercising creditors’ rights. We briefly mention a key decision of the Supreme Administrative Court concerning penalties imposed by the Office for the Protection of Competition. Finally, we point out some of the available services offered by Czech POINT offices.

 The entire text of Business Bulletin No. 3/2010 can be found here.

Randls Business Bulletin No. 2/2010

In the second issue of Randls Business Bulletin we bring you an update of legal news related to doing business, business law and real estate law from the period between 1 April 2010 and 30 June 2010. In this issue we gather, in particular, information concerning an amendment to the Act on Public Contracts (Act on public procurement). This amendment is intended to eliminate insufficiencies in the Act’s practical application and should ensure compliance with acts of European Union and case law. Due to changes in the Czech Parliament and the formation of a new government this issue does not include our regular section covering newly proposed laws. We only briefly mention proposals related to constitutional law. We discuss a decision of the Supreme Court of the Czech Republic concerning rights of proxies and we also look at an interesting decision of the Supreme Administrative Court of the Czech Republic concerning the prohibition on the awarding of liquidating fines for administrative offences of entrepreneurs. Finally we would like to point out, particularly to small and medium-sized entrepreneurs, valuable information available on the European Union’s various Internet portals, such as the European Small Business Portal, the Market Access Database and the Your Europe portal.

The entire text of Business Bulletin No. 2/2010 can be found here.

Randls Business Bulletin No. 1/2010

   
The first issue of Randls Business Bulletin is a regulate update of legal news chosen by the Randl Partners law firm related to doing business, business law and real estate law. We will generally issue Randls Business Bulletin every 3 months, always focusing on current news from legislation and case law.

First issue of Randls Business Bulletin covers legal news between 1 January and 31 March 2010; in particular we look at two amendments to acts affecting unfair competition and consumer law. We also discuss an amendment to the Act on Banks and a related increase in the amount of guaranteed compensation for deposits in banks which cannot fulfill their duties to the depositor. Another pertinent issue concerns the proposed acts on lobbying and on business corporations, which has yet to be passed. In the real estate sector we call your attention to an amendment to the Foreign Exchange Act and how it affects the possibility for foreigners to own real estate in the Czech Republic. Finally we look at a key decision of the Supreme Court of the Czech Republic, from the first quarter of 2010 which highlights the importance of registering in the Commercial Register all changes of persons acting on behalf of the company.

 
The entire text of Business Bulletin No. 1/2010 can be found here.