Trade companies

According to the law, when establishing a limited liability company or a joint-stock company, the founding documents must be written in the form of a notarial record. The notary compiles and issues the founding documents (i.e. founder's deeds, Memoranda of Association, or articles of association) so that they comply with the law and meet the requirements and needs of company founders. This should prevent future disputes among associates.

In order to certify fundamental changes concerning the afore-mentioned companies, the law also prescribes producing notarial records. In particular, this concerns the verification of the course of general meetings held by limited liability companies (e.g. the change of the articles of partnership, granting a consent to divide and transfer business shares, or increasing or decreasing the registered capital), as well as the verification of the course of general meetings held by joint-stock companies (e.g. the change of the articles of association, increasing or decreasing the registered capital, the change of the form of stocks, or stock split or pool), the verification of the decision-making of the Board of a joint-stock company, the agreements made by the associates concerning changes in the articles of partnership, approving the agreements on the basis of which the company or its part is transferred onto another owner, or the company or its part is rented, the decision to close down and liquidate companies, the changes of companies (the change of the legal form, mergers, divisions, or transferring the capital onto the associate), etc. In case of all the afore-mentioned certification and verification acts performed by the notary, it is recommended that the notary enters in cooperation already when preparing the documents for taking the decision by the relevant legal entity bodies.

Having entered into agreement with a specific notary, it is possible that the notary provides related legal assistance, e.g. preparing the proposal for recording the company in the Companies Register of the draft proposal for recording the changes of the registered data in the Companies Register, preparing the articles of partnership or the articles of association, preparing the documents required by the Companies Register, or acting as a representative for the companies at the Companies Register Court or the Trade Licensing Office.

In the Czech Republic, notaries perform a notarial activity, provide legal assistance, perform property administration, and perform other activities for which they are entitled compensation the amount of which, as well as the manner in which it is established, is governed by the provisions of the Decree No. 196/2001 Coll., as amended. The amount of notary's remuneration shall be determined in accordance with the compensation rate per act or total of acts concerning the notary's activity determined by a fixed amount or as a percentage of a tariff rate, whereas the value of the subject of the act serves as the tariff value (e.g. the usual price of a thing, the price of transferred property, the amount of a claim, etc.). Due to a complex calculation of the compensation for the notary's activity, the potential applicants / clients are recommended to address their possible inquiries directly to the notary having the sufficient knowledge of the relevant language.

Notary fee for a founding document (notary tariff)