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25.1.2018
News
Pro bono

KŠB to Support Young Czech Talent’s Concert at Carnegie Hall

As a fan of both music and talent, KŠB is proud to be a sponsor of world-renowned Czech pianist Tomáš Kačo’s concert on 22 February 2018 at one of the most famous concert halls in the world – Carnegie Hall in New York City.
25.1.2018
News

Martin Šolc Speaks at the IBA’s Annual October Conference in Sydney

In October 2017, Martin Šolc – KŠB partner and current International Bar Association President – delivered the welcome address during the opening ceremony of the IBA Annual Conference in Sydney.
18.12.2017
News
Financial services
Capital markets

KŠB Advised on ENERGO-PRO’s First Bond Issue

KŠB advised its longstanding client ENERGO-PRO on a bond issue of EUR 370 million worth of Eurobonds which were accepted for trading on the GEM regulated market on the Irish Stock Exchange. The Eurobonds will fall due on 7 December 2022 and have a fixed coupon of 4,000% p.a. The issue priced was 100%. 
30.11.2017
News
Pro bono

Thank You for Supporting the 23rd Annual Charity Concert of Goodwill – Olga Havel Foundation

We would like to express our sincere gratitude to all of our clients, business partners and friends who attended and supported the 23rd Annual Charity Concert of Goodwill held by our law firm on Sunday 26 November in the Church of St. Juda in Prague 1 to raise money for the Goodwill Committee – Olga Havel Foundation. Proceeds from the concert will be used to support the Foundation’s selected projects, such as the “Senior” project, which assists organizations catering to our fellow senior citizens, as well as projects to help children with cerebral palsy and to provide scholarships to help socially disadvantaged children study.
30.11.2017
News

Interview with Managing Partner Dagmar Dubecká in Hospodářské noviny

At the beginning of November, Hospodářské noviny published Jaroslav Kramer’s interview with KŠB Managing Partner Dagmar Dubecká.
7.11.2017
News
M&A

KŠB advised on acquisition of Petrochemia - Blachownia S. A.

On Tuesday 31 October, DEZA, a.s., a member of the Agrofert Group, acquired Polish chemical company Petrochemia - Blachownia S. A. after two years of negotiations with the former owner BorsodChem Zrt.
30.10.2017
News

Prof. Jan Dědič Speaks at XXV Karlovarské právnické dny Conference

KŠB Partner Prof. Jan Dědič was a guest speaker at this year’s Karlovarské právnické dny Conference. Prof. Dědič spoke on the topic of directors representing legal entities with a particular focus on violation of the four-eyes principle.
30.10.2017
News
Financial services
Capital markets

KŠB Partners Fintech (R)Evolutiuon Conference

KŠB once again supported the annual Fintech (r)evoluce conference held by Economia. The conference was held in the Czech National Bank’s Conference Centre on 25 October 2017 for the fourth time.
30.10.2017
News

KŠB Partners Dagmar Dubecká and Sylvie Sobolová Recognized in Overview of Significant Women in Czech Law

In its October edition, monthly legal magazine Právní rádce published its third annual overview of significant women in Czech law and named KŠB Partners Dagmar Dubecká and Sylvie Sobolová among the other 127 distinguished female attorneys, notaries, judges, prosecutors and in-house lawyers. 
27.9.2017
News
Pro bono

Advokátní kancelář Kocián Šolc Balaštík vás zve na 23. benefiční koncert pro Výbor dobré vůle – Nadaci Olgy Havlové

26.9.2017
News
M&A

DPE Deutsche Private Equity acquires Fischer Surface Technologies

The KSB M&A team, in cooperation with Heuking Kühn Lüer Wojtek, advised its client, DPE Deutsche Private Equity GmbH, in connection with the acquisition of Fischer Surface Technologies.
25.9.2017
News
Disputes
Intellectual property

Breakthrough Decision on Food Supplement Ad

KŠB recently won a promotion dispute over garlic drops for manufacturer Allivictus.
7.8.2017
News

Jan Šovar novým advokátem KŠB

21.6.2017
Publications
News

KŠB Contributes to International Public Procurement Publication

The Center for International Legal Studies has published an overview of public contract/procurement legislation in several tens of jurisdictions.
19.6.2017
News
M&A

Legal Advice on Acquiring Turkish Power Company

KŠB advised Energo-Pro Group on the purchase of 100% of the shares in Turkish Murat Nehri, which owned Alpaslan 2, an unfinished dam and hydropower plant in south-east Turkey.
19.6.2017
News
Disputes

Agrofert Wins Final Decision in Dispute with United Bakeries

United Bakeries Group, which sells bakery products under the “Delta” and “Odkolek” brands, lost final decision in dispute with KŠB client Agrofert.
14.6.2017
News
Publications

KŠB Contributes to International Public Procurement Publication

The Center for International Legal Studies has published an overview of public contract/procurement legislation in several tens of jurisdictions.
14.6.2017
News

KŠB Associate Martina Parusová-Zímová Contributes to New Franchising Handbook

Martina Parusová-Zímová is the co-author of the 2nd Edition of the International Franchise Handbook, published by DWF Germany Rechtsanwaltsgesellschaft mbH, in which she wrote a section on Czech franchising legislation and regulation.
14.6.2017
News
Publications

Employee Monitoring Pitfalls in Terms of Data Protection

This topic is discussed in an article written by KŠB counsel Drahomír Tomašuk and KŠB associate Jaroslav Zahradníček’s in CEE Legal Matters. 
6.6.2017
News

Martin Šolc Receives “Market Maker” Award for His Contribution to the Czech Legal Market

Martin Šolc was the winner of the Market Maker award for the Czech Republic at the 2017 General Counsel Summit in Warsaw for his significant contribution to the Czech legal market. In addition to receiving this first-ever award from CEE Legal Matters, Martin - a founding partner of Kocián Šolc Balaštík (KŠB) - is also the first representative from Central and Eastern Europe to lead the International Bar Association (IBA), the largest worldwide organization of lawyers.
2.6.2017
News
Disputes

KŠB Wins Civil Lawsuit regarding Power Generation Unit Delivery Contract

KŠB represented the contractor of a North Bohemian powerplant in a dispute with the customer over payment of the contractor’s fee. The dispute also involved the customer’s claim for a contractual fine and fee under an alleged contract for work and executive personnel. KŠB won the dispute and defended the client against the other party’s claims both before the first instance regional court and the high appellate court. 
13.4.2017
News

KŠB Named Law Firm of the Year for a Fourth Time

Kocián Šolc Balaštík (KŠB) was named Law Firm of the Year in the Czech Republic for a fourth time by renowned British legal rating agency Chambers & Partners in London last Friday. 
6.4.2017
News
Employment law

ÚČAST KŠB NA ELA KONFERENCI V LUCEMBURKU

5.4.2017
News

Dematerializované cenné papíry mají novou mezinárodní úmluvu

16.3.2017
News

Kocián Šolc Balaštík Strengthens Its German Desk

Two attorneys and one junior lawyer join the ranks at Kocián Šolc Balaštík (KŠB) today: German lawyer Rainer Frank as a counsel, Pavla Veselková as an associate, and Petra Dosoudilová as a junior lawyer. 
20.2.2017
News

KŠB once again nominated as Law Firm of the Year in Chambers Europe Awards 2017

KŠB has been once again nominated for a Chambers Europe Award in the category of best law firm in the Czech Republic. This prestigious award is announced annually by the renowned British ratings agency Chambers and Partners.
10.2.2017
News
Disputes

Success in legal proceedings for compensation for the excessive length of administrative proceedings

KSB has achieved a significant success in the management of non-pecuniary damages for the excessive length of proceedings on granting a license to do business in waste management, which was respectively decided by the Ministry and Environment Minister, administrative courts and (repeatedly) administrative bodies.
10.2.2017
News
Financial services
Capital markets

Legal services for MS Invest in bond issue

Law firm KSB providing assistance to the real estate development company Moravian construction - INVEST in a recent issue of discounted bonds.
9.2.2017
News
M&A

Legal services in the sale of Green Gas International

KSB has provided legal services to the CERCL Green group in connection with the sale of Green Gas International, a major European operator of clean energy projects that focuses on converting harmful methane emissions produced during the extraction of mining and landfill gas to energy benefit. 
30.1.2017
News

IBA's press release regarding the presidency of Martin Šolc

The International Bar Association (IBA) has issued a press release regarding the presidency of Martin Šolc. The press release is available here: IBA press release
13.1.2017
News

Sylvie Sobolová and Christian Blatchford Join the Ranks of Kocián Šolc Balaštík Partners

Sylvie Sobolová and Christian Blatchford were newly appointed partners at Kocián Šolc Balaštík (KŠB) effective 1 January 2017. Sylvie and Christian have been with KŠB many years and their appointment expresses KŠB’s appreciation of the many contributions they have made to the firm. In addition, associates Jan Lasák, Vlastimil Pihera and Tomáš Sequens were appointed counsels.
16.12.2016
News

Another year of successful competition Contract Competition already has its winners

For the fifth year in a row, the Contract Competition, an annual contest for law students, organized by the law firm KSB has taken place. The competition again attracted talented students, who for a brief interval were transported from lecture halls to a hypothetical business environment, in order to have a chance to demonstrate their knowledge in practical situations. The best were competing head to head in the final round, which was held in early December at the Faculty of Law of Charles University.
16.12.2016
News
Capital markets

Legal advice in connection with the issuance of so-called discounted certificates for the new Rustonka real estate project

KSB assisted during the emission of discounted certificates in the value of approximately CZK 1.4 billion. The issuer of the certificates is a Cypriot company GRAMEXO PLC., which is the 100% owner of the company Rustonka Development s.r.o. Rustonka is a company established for the construction of a complex of several office buildings with a total area of approximately 37,000 square meters on land formerly occupied by the Rustonka factory in Prague-Karlin.
14.12.2016
News
Pro bono

Thank You for Supporting This Year’s Charity Concert

We would like to express our sincere gratitude to all of our clients, business partners and friends who attended and supported the 22nd Annual Charity Concert of Goodwill on Sunday, 4 December 2016 at Bethlehem Chapel in Prague to raise money for the Olga Havel Foundation. The contributions raised this year will be used for individual projects chosen by the donors themselves. 
14.11.2016
News
Publications

Martin Šolc for Lidové noviny

In his column in Lidové noviny, KŠB Partner Martin Šolc ponders why some voices interpreting the new private law continue to emphasize that some things are just not possible.
25.10.2016
News

KSB participates as conference partner in Cashless Society conference and the Startup Summit

KSB has participated as a conference partner in two major autumn conferences.
14.10.2016
News
M&A
Real estate and construction

Legal Advice on Sale of Centro-Ostrava Shopping Park

KŠB advised Emerging Europe Properties Fund on the share-sale of WOTEG GWG-Group, owner of the Centro-Ostrava shopping park located approximately 6 from the capital of the Moravia-Silesia Region.
12.10.2016
News
Pro bono

Invitation to the 22nd annual Charity Concert of Good Will organised by Kocián Šolc Balaštík to help support the Goodwill Committee - Olga Havel Foundation.

KŠB would like to cordially invite you to this year’s Concert of Good Will to support one of the most respected foundations in the Czech Republic. The concert promises an outstanding musical experience even on the sad 20th anniversary of founder and former First Lady Olga Havlová’s passing.
6.10.2016
News

Czech Supreme Court Makes Important Decision in a Labour-Law Case Counselled by KŠB

KŠB Partner Pavel Dejl and his colleagues won an invalid immediate employment termination case for a major agricultural client before the Czech Supreme Court. 
21.9.2016
News

Martin Šolc, the first Central European to be elected President of the International Bar Association

Martin Šolc, the founding partner of leading Czech law firm Kocián Šolc Balaštík (KSB), has achieved unprecedented success in the field of global advocacy. In Washington, he has been elected President of the International Bar Association (IBA), and with effect from 1 January 2017 will be the first ever representative of the countries of Central and Eastern Europe, to stand at the forefront of the world's largest organization of lawyers.
14.9.2016
News
Environmental Law
Disputes

Succesful representation of the company Carthamus in proceedings against the State Energy Inspectorate

Law firm KSB successfully represented the company  Carthamus, its long term client, an operator of energy sources working on the basis of biofuel burning, in administrative proceedings initiated by the State Energy Inspectorate  (SEI) concerning an alleged breach of the act on supported energy sources, which was alleged to comprise incorrect declarations of the origin and type of burnt biomass fuel.
7.9.2016
News
Energy
Financial services

Legal advice in connection with construction of a hydro power plant in Turkey

KŠB provided its client, the major energy company ENERGO-PRO, with comprehensive legal advice concerning the financing of the construction of a hydro power plant in Karakurt, Turkey.
23.8.2016
News
Aviation and aerospace

KSB advising major airlines

KSB has provided legal advice to airlines Air Canada and China Eastern Airlines in connection with their entry into the Czech aviation market.
18.7.2016
News

Legal Advice to Lumitrix

KŠB advised Lumitrix, a video mapping software and hardware start-up developer and producer, on a joint-venture with Y Soft Ventures. 
8.7.2016
News
Aviation and aerospace

KŠB Becomes New Member of L2bAviation

L2bAviation is an international network of lawyers spread over all continents who advise on aviation law. Chambers Global rate the network as the best in aviation law.
23.6.2016
News
Disputes
Tax

Success for KSB in the proceedings before the European Court of Justice

KSB has been representing Czech Radio in a long running dispute of many years with the Board of the Financial Directorate on the issue of the right to deduct VAT. An important point of contention was whether license fees are in fact a payment for public service broadcasting. Now KSB has achieved another success in the case. The European Court of Justice (ECJ), on the initiative of the Supreme Administrative Court, expressed the view in its decision that license fees are not deemed to be consideration paid for public broadcasting, and therefore fall outside the scope of the directive on VAT.
2.6.2016
News
Financial services

KSB helps create the first Czech crowdfunding equity platform

In recent days, Fundlift, the first domestic platform focused on equity crowdfunding has launched its operations. It is a joint venture of the financial group Roklen and the investment group Rockaway.
31.5.2016
News
Disputes

Successful representation of Agrofert

KSB has been representing Agrofert since 2011 in an ongoing dispute against a Luxembourg company European United Bakeries (EUB).  The Municipal Court in Prague has now delivered a first instance decision in favour of Agrofert.
4.4.2016
News

Jiří Horník and Petr Koblovský Headed to the NYSBA International Section’s Spring Meeting in Krakow

The NYSBA event will take place on 7 – 9 April 2016 and focus on international arbitration/litigation, cross-border contracts, cross-border personal data transfers in the light of the Schrems case, FATCA (Foreign Account Tax Compliance Act), and legal issues surrounding the restitution of property to the victims of communism.
15.3.2016
News

KŠB hledá nového kolegu na pozici advokátního koncipienta

15.3.2016
News

KŠB hledá nového kolegu na pozici asistenta daňového poradce

4.3.2016
News

KŠB once again nominated for Chambers Europe Award

KŠB has been once again nominated for a Chambers Europe Award for Excellence, in the category of best law firm in the Czech Republic. This prestigious award is announced annually by the renowned British ratings agency Chambers and Partners.
25.2.2016
News
Pro bono

KSB is a proud partner of the Foundation Leontinka

Law firm KSB supported this year's 10th annual benefit project for Leontinka Golf, which is designed to help visually impaired children and students. The Foundation's mission is to facilitate the integration of these children into society, to help them get an education and to enable participation in mainstream social, sporting and leisure activities.
18.2.2016
News
Competition

The Constitutional Court has agreed with the arguments of KSB in the continuation of the DELTA PEKÁRNY case

The Czech Constitutional Court issued a decision on the inspection of the office space of DELTA Bakery, by the staff of the Office for Protection of Competition (UOHS). It agreed with the decision of the European Court of Human Rights (ECHR), which assessed the case in the autumn of 2014 and which concluded that the aforementioned unannounced inspection (ie.-Dawn raid) by the Office without effective judicial control was illegal.
17.2.2016
News
M&A

Advice to Karlovarské minerální vody on Acquisition of Selecta Companies

KŠB provided full legal advice to Karlovarské minerální vody (KMV) on its acquisition of Selecta companies operating in the Czech Republic, Slovakia and Hungary.
15.2.2016
News
Aviation and aerospace

Jiří Horník to Speak at IATA Legal Conference

KŠB Partner Jiří Horník will take part at the IATA’s (International Air Transport Association) 2016 Legal Symposium to be held in Barcelona on 17 through 19 February.
10.2.2016
News
M&A

KŠB Advised North Bohemia Medical Holding on the Sale of a 100% Stake in Louny Hospital

A team of KŠB attorneys advised North Bohemia Medical Holding in selling its 100% shareholding in Louny hospital to Agel, a member of the Agel group. 
3.2.2016
News
Corporate law

KŠB Advises on CETIN Squeeze-Out

KŠB has advised on the squeeze-out of minority shareholders from Česká telekomunikační infrastruktura (CETIN) which the company’s board decided on in December 2015 and which took place in January 2016.
22.1.2016
News
Disputes
Energy

KŠB Energy Client Wins Administrative Proceedings

KŠB advised and successfully represented the company in administrative proceedings in which the imposition of the donation tax regarding allocation of emission allowances in 2011 – 2012 was challenged.
21.1.2016
News
Energy
Disputes

KŠB Energy Client Alpiq Generation (CZ) Wins Administrative Proceedings

KŠB advised and successfully represented Alpiq Generation (CZ) (“AG CZ”), the operator of power plants in Kladno and Zlín, in administrative proceedings in which the imposition of the donation tax regarding allocation of emission allowances in 2011 – 2012 was challenged.
13.1.2016
News
Corporate law

O2 Czech Republic Spin-Off Shortlisted for TMT Finance World Award 2015

The spin-off of O2 Czech Republic, which took place last June and in which KŠB played a role, was shortlisted for the TMT Finance World Award 2015, which proves that IT, technology and media experts who were in charge of the shortlist appreciated the complexity, extent and special nature of the unique deal.
11.1.2016
News
Corporate law

KŠB Advised Tiger Global Management on the Sale of a Minority Stake in Seznam.cz

KŠB advised New York-based Tiger Global Management group on a minority stake transfer deal in which the target company Seznam.cz, a leading Czech online player, acquired shares in itself from Tiger Holding Four and Mirua International.
8.1.2016
News
Capital markets

KŠB advised J&T BANK on issuing CZK and EUR perpetual bonds

KŠB advised one of the leading Czech private banks on two issues of subordinated unsecured perpetual bonds, one in Czech crowns and the other in euros. The bonds were accepted for trading on the Prague Stock Exchange. 
5.1.2016
News
Publications

Martin Šolc for Lidové noviny

In his column in Lidové noviny, KŠB Partner Martin Šolc ponders why some voices interpreting the new private law continue to emphasize that some things are just not possible.
5.1.2016
News

KŠB Partner Dagmar Dubecká to Speak at the IBA’s M&A Conference in Paris

The fourth annual IBA European Corporate and Private M&A Conference, at which Dagmar Dubecká is to speak, will be held on 11 – 12 February 2016 in Paris.
5.1.2016
News
Publications

KŠB Contributes to the European Privacy Publication

The Employment Law Alliance has issued a summary of European privacy laws which is designed primarily as a handbook for global employers.
18.12.2015
News

KSB advised Dioscorides Global Holdings, LLC

KSB advised Dioscorides Global Holdings, LLC (DGH) in negotiating, concluding and implementing an Investment Agreement regarding a joint-venture investment into Konomed s.r.o. The commercial purpose of the investment was to finance and commercially participate in a project involving the founding of the International Cannabis and Cannabinoid Institute in Prague.
15.12.2015
News
Pro bono

Photos from the Charity Concert of Good Will Now Online

We would like to invite you to view some pictures taken during the Charity Concert of Good Will – Olga Havel Foundation, which was well received and greatly enjoyed at the concert hall in the Church of St. Simon and St. Jude in Prague’s Old Town on Sunday, 29 November 2015.
9.12.2015
News

KŠB Supports 4th Annual Student Contract Competition

KŠB and law student association ELSA recently held the 4th Annual Contract Competition for law school students. Delivery agreements were the topic of this year’s contest.
8.10.2015
News

KŠB to Be Partner of Payment Card Innovation Conference

This year’s conference, once again held by publisher Economia, will focus on changes, threats and opportunities, which new cashless payment innovations may have for financial institutions, the transport and business sector, and state and regional government.
5.10.2015
News
Publications

KŠB Lawyers Help Draft New Commentary on Special Court Proceedings Act

The new Commentary includes chapters written by KŠB partner Pavel Dejl and senior associate Radka Felgrová on proceedings involving legal entities and trusts and certain special types of proceedings (involving capital markets and the ban on exercising the rights attached to beneficial securities).
15.9.2015
News
Disputes
Environmental Law

Penalty Rescinded for KŠB Client

KŠB helped a client win a lawsuit against the Czech Environmental Inspectorate, which had imposed a penalty on the client, an electric device manufacturer, for failure to abide by the Electric Waste Act. The penalty, which the Ministry of Environment confirmed, was rescinded by the Municipal Court in Prague due to being unlawful. 
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23.12.2009
News

Reduced Information Obligations in the Case of Mergers and Divisions

Directive 2009/109/EC of the European Parliament and of the Council of 16 September amending Council Directives 77/91/EEC, 78/855/EEC and 82/891/EEC, and Directive 2005/56/EC as regards reporting and documentation requirements in the case of mergers and divisions (published in Official Journal No. L 259) was adopted on 16 September 2009. It is yet another Commission measure to support business and enhance the competitiveness of companies by reducing the administrative burden and the costs resulting therefrom. The new legislation also leaves it up to the companies or their shareholders to decide what reports they actually need. The simplified reporting and documentation requirements is primarily reflected in the Third (78/855/EEC) and Sixth (82/891/EEC) Company Directive which apply to, and lay down the rules for, national mergers and divisions.
23.12.2009
News

Proposals to enhance supervision over the European Financial Sector; the so-called financial package

On 23 September 2009, the European Commission presented legislative proposals to enhance supervision over the European Financial Sector. The proposals are based on a report by Jacques de Larosièr, the former Managing Director of the International Monetary Fund, and his recommendations, which define a more efficient and integrated supervisory framework that would operate on a cross-border, European level. The new supervision architecture focuses on future sustainable reinforcement of financial stability throughout the entire EU, harmonising rules and creating coherent supervisory practice and enforcement, identifying systemic risks in early stage, enhancing cooperation in extraordinary circumstances and resolving disputes, if any, between supervisory authorities.
23.12.2009
News

Avoiding Financial Crises – Stricter Capital Rules on Banks

Directive 2009/111/EC of the European Parliament and of the Council of 16 September 2009 amending Directives 2006/48/EC, 2006/49/EC and 2007/64/EC as regards banks affiliated to central institutions, certain own funds items, large exposures, supervisory arrangements, and crisis management took force on 7 December 2009. The Directive amendment applicable to capital requirements is primarily a response to shortcomings revealed by the financial crisis, one of them being the due functioning of the supervision over cross-border bank groups; the major changes thus do not involve only banks and other regulated parties, but the very regulators themselves. The other areas to which the amendment applies include exposure rules, liquidity risk management, application of hybrid capital instruments in capital management and the requirements for securitization transactions.
18.12.2009
News
M&A

KSB takes part in an international merger

Kocián Šolc Balaštík assisted in the international merger of PHL Správní a.s. with Cyprus-based CIMEX FRANCHISE MANAGEMENT LIMITED.
30.11.2009
News
Pro bono

Traditional Charity Concert of Good Will

Kocián Šolc Balaštík organized its fifteenth annual Charity Concert of Good Will for the benefit of the Good Will Committee – Olga Havel Foundation. The concert was held on 22 November in the Church of St. Simon and St. Jude in Prague’s Old Town.
24.11.2009
News

Notification of the Finance Ministry

Notification of the Finance Ministry dated 2 December 2008 on classification of tangible assets into depreciation groups; Decree sets foreign meal allowances for 2009; Information on application of the provisions of Section 36, subsection 11 of the VAT Act
24.11.2009
News

International Tax Relations

For the taxation period commencing 1 January 2008,  a newly concluded double-tax treaty between the Czech Republic and the Hashemite Kingdom of Jordan, which also prevents tax evasion in the area of income taxes, became effective.
24.11.2009
News

Newly submitted bills

Amendment to the VAT Act in the Chamber of Deputies; The Act on Financial Administration of the Czech Republic and the Act on Customs Administration
24.11.2009
News

From Judicature - resolution of the Supreme Court dated 9 September 2009, No. 2 Afs 58/2009-85 on the illegality of a request for elimination of doubt

Pursuant to the resolution of the Supreme Court dated 9 September 2009, No. 2 Afs 58/2009-85, a request for elimination of doubt based on the provisions of Section 43 of Act No. 337/1992, Coll., on Tax Administration and Collection, is illegal if it does not contain concrete specified doubt for subsequent refutation by the taxpayer.
24.11.2009
News

From Judicature - resolution by the Constitutional Court on the possibility to review by a court resolution on tax forgiveness

Pursuant to a resolution by the Constitutional Court, resolutions on tax forgiveness based on the provisions of Section 55a of Act No. 337/1992, Coll., on Tax Administration and Collection can be reviewed by a court.
24.11.2009
News

Newly approved and effective laws

Discounts on insurance – Act No. 221/2009 Coll. amending Act No. 589/1992 Coll. on Social Security Insurance Contributions and Act No. 586/1992 Coll. on Income Taxes; The Payment System Act; The Amendment to the Act of Administration of Taxes and Fees through the Payment System Act
20.11.2009
News

KSB recognized as Leading Law Firm of 2009 in company law and competition law

In the second year of the Leading Law Firm of the Year Competition organized by EPRAVO.CZ under the auspices of the Czech Bar Association, law firm Kocián Šolc Balaštík was awarded the leading law firm in the fields of company law and competition law for 2009.
18.11.2009
News

Simplifying regulation of limited companies in the amendment to the Commercial Code

The amendment, which was published under Act No. 215/2009 Coll., and took force and effect on 20 July 2009, is primarily harmonizing in character. The majority of changes arise from implementation of the Amendment to the so-called Second Company Law Directive and simplify certain aspects of provisions applicable to limited liability companies. The main changes include the reduction of requirements to valuate asset contributions, requirements for so-called financial assistance and acquisition of own shares.
18.11.2009
News

Changes in Competition Law from 1/9/2009

The amendment to the Act on the Protection of Economic Competition (published under Act No. 155/2009, Coll.) brings existing Czech regulations in line with EC competition law. The amendment applies to a number of provisions and specifies or replaces their wording with the aim of removing existing differences of application and interpretation. In addition the amendment implements certain new “European” institutes, in particular the simplified proceedings on obtaining approval for concentration of undertakings and sector-related surveys. The proceedings before the Antimonopoly Office shall be regulated in greater detail while the provisions on sanctions have been completely revised.
15.10.2009
News
Aviation and aerospace

KSB advises UNIMEX-TVS consortium in privatization of Czech Airlines

Law firm Kocián Šolc Balaštík is representing the UNIMEX-TVS consortium, consisting of UNIMEX GROUP, a.s. and Travel Service, a.s., during the privatization process of Czech Airlines.
11.9.2009
News

Newly approved and effective laws

Discounts on insurance – Act No. 221/2009 Coll. amending Act No. 589/1992 Coll. on Social Security Insurance Contributions and Act No. 586/1992 Coll. on Income Taxes; The Payment System Act; The Amendment to the Act of Administration of Taxes and Fees through the Payment System Act
11.9.2009
News

Notification of the Finance Ministry

Notification of the Finance Ministry dated 2 December 2008 on classification of tangible assets into depreciation groups; Decree sets foreign meal allowances for 2009; Information on application of the provisions of Section 36, subsection 11 of the VAT Act
11.9.2009
News

International Tax Relations

For the taxation period commencing 1 January 2008,  a newly concluded double-tax treaty between the Czech Republic and the Hashemite Kingdom of Jordan, which also prevents tax evasion in the area of income taxes, became effective.
11.9.2009
News

Newly submitted bills

Amendment to the VAT Act in the Chamber of Deputies; The Act on Financial Administration of the Czech Republic and the Act on Customs Administration
11.9.2009
News

From Judicature - the Supreme Administrative Court of the Czech Republic commented in its decision No.9 Afs 93/2008-43, dated 23 April 2009, on the term “lease of non-residential premises for the gaming machines” for VAT purposes

Pursuant to the Supreme Administrative Court's (SAC) interpretation, since the definition of the term in question is not included in the VAT Act, it is necessary to take into consideration the European Court of Justice’s interpretation pursuant to European legislation. Therefore, in order to make a lease of non-residential premises exempt from VAT, merely meeting the formal requirements of a Lease Agreement under the general civil law rules is not sufficient; the term “lease” and its exemption from VAT needs to be interpreted in a restrictive manner.
11.9.2009
News

Information on Published Amendments to the Income Tax Act

Statutes amending the Income Tax Act have been published in the Collection of Laws.
11.9.2009
News

From Judicature - the Supreme Administrative Court explained in its decision No. 2 Afs 46/2008 – 48, dated 31 July 2009, the difference between a natural person and a legal entity in cases where the tax administrator imposes a fine on the executive

Based on the Supreme Administrative Court's (SAC) opinion, the fine cannot be imposed on the executive as a natural person but should be imposed directly on the legal entity on behalf of which the executive acts.
7.8.2009
News

Kocián Šolc Balaštík continues to lead – awarded Czech Republic’s Law Firm of the Year for the fourth time

Kocián Šolc Balaštík was named for the fourth consecutive year Czech Republic Law Firm of the Year 2009 in the international Who’s Who Legal Awards organized by the British rating agency Who’s Who Legal.
31.7.2009
News

Revision of Fourth and Seventh Directives - requirements in accounting reduced

Directive of European Parliament and Council 2009/49 of 18 June 2009 (Official Journal L 164/2009) is a further step toward reducing the administrative burden on firms. It allows medium-sized companies to abolish the requirement to disclosure certain information in their accounting and also reduces the duty to prepare consolidated accounts and a consolidated annual report.
31.7.2009
News

Failure to duly notify of intent to take over the company

Decision of the European Commission in the case of Electrabel (COMP/M.4994) On 10 June 2009 the European Commission imposed a fine of 20 million EUR on the company Electrabel since it did not notify the Commission during its acquisition of Compagnie Nationale du Rhône (hereinafter "CNR") of this intention and thus failed to fulfil its obligations under Council Regulation No 139/2004 on the control of concentrations between undertakings. This rule requires that the Commission be informed of the merger in advance in case those companies fall within the scope of the Regulation. The Commission may investigate whether a significant infringement of free competition within the European Union occurred by this merger.
31.7.2009
News

Abuse of dominant position

Decision of the European Commission in the case of INTEL (COMP/37.990) The European Commission has imposed a penalty in the amount of €1.06 billion on the computer microprocessor manufacturer Intel for the abuse of its dominant position (see Article 82 of the EC Treaty) on 13 May 2009. The Commission ruled that Intel abused its dominant position on the market from October 2002 until December 2007 by being involved in two types of illegal conduct.
31.7.2009
News

Assistance from globalization fund for staff redundancies caused by the crisis

An amendment to Regulation No 1927/2006 establishing the European Globalization Adjustment Fund (Official Journal L 167/2009) has temporarily extended the scope of this fund. It will be possible to finance from its resources support to workers who have lost their jobs as a result of the current economic and financial crisis. The contribution for this purpose is available until the end of 2011. Concurrently the amendment has mitigated current intervention criteria.
31.7.2009
News

Community trademark - a reduction in registration fees

Commission Regulation No 355/2009 (Official Journal L 109/2009) reduces the total amount of fees to be paid to the Office for Harmonization in the Internal Market for the registration of a Community trademark.
31.7.2009
News

Requirements for remuneration policy in financial services sector

On 29 April 2009 the European Commission issued the Recommendation on remuneration policy in the financial services sector (Official Journal L 120/2009). Uniform principles apply to all companies operating in this sector and should be applied primarily to employees whose job description has a substantial impact on the risk profile of the company. The remuneration policy will also be subject to the supervisor’s assessment. The Recommendation is not legally binding but the Commission envisages the adoption of regulations that will reflect the main requirements of the remuneration policy. Member States should take the necessary measures to implement the Recommendation by the end of this year.
31.7.2009
News

EU regulates hedge funds and other alternative funds

European Commission, after long-term reluctance to intervene in this sector of financial markets, finally presented a proposal for a Directive on managers of alternative investment funds at the end of April. The draft applies to all funds not covered by Directive 85/611 (the so-called UCITS Directive) and encompasses hedge funds, so-called private equity funds, commodities and real estate funds and special funds for professional investors.
31.7.2009
News

The liberalization of energy markets approved

At the end of April the European Parliament passed in the second reading the energy package dealing with the further functioning of the single EU energy market, mainly the strengthening of its competitiveness and security. In the hitherto most controversial issue of fission energy companies, the members of Parliament receded from the original strict requirement of full ownership unbundling of production capacity from the transmission networks owned. The approved compromise also brings a strengthening of consumers’ rights.
31.7.2009
News

Remuneration of directors of listed companies

The European Commission has also completed in a form of a Recommendation the existing system of remuneration of directors of listed companies (Official Journal L 120/2009). The Commission asserts basic principles that are the same as the remuneration in the financial sectors: focus on long-term sustainability instead of short-term results, elimination of excessive payment incommensurate with performance, simplifying the pay structure and its transparency. Other requirements relate to the principles of payment of the so-called "golden parachutes" and bonuses in the form of shares or share options.
31.7.2009
News

Amendment to regulatory framework (Solvency II) approved

European authorities have agreed on the compromise text of a Directive on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II). Its main objective is to strengthen the stability of the insurance sector, to deepen its integration and competitiveness. The current 13 Directives relating to insurance and reinsurance have been recast into a single act. New and more elaborate rules of capital adequacy should better reflect the risks that insurance and reinsurance carry and ensure their sufficient coverage.
15.7.2009
News

Change in the Field of State Aid

On 27 April 2009, an amendment to Act No. 215/2004, Coll., on Regulation of Certain Relationships within the Area of State Aid and certain other regulations was published under No. 109/2009, Coll.  New term “state aid coordination body” has been introduced which, in addition to the existing Antimonopoly Office, is the Ministry of Agriculture, since the powers of the act was extended to cover state aid in the fields of agriculture and fishing.
15.7.2009
News

Amendment to State Aid to Cover Interests from Loans for Repairs and Modernization of Houses

On 27 April  2009, an amendment to Governmental Regulation No. 299/2001, Coll., on Using Funds from the State Fund of Dwelling Development for covering a Part of Interests from Loans Provided by Banks to Legal Entities and Individuals for Repairs, Modernization or Regeneration of Panel Houses,  was adopted. The regulation took effect on 1 May 2009.
15.7.2009
News

New conception of Support for Research and Development

Under Act No. 110/2009, Coll., the area of Support Research and Development from Public Funds has been amended. The new regulation represents a fundamental and conceptual change and constitutes a part of the reform of the system of research, development and innovations approved by the government with the aim to strengthen the effectivity of using state funds in this field. The subject of regulation by the act was extended by innovations. Provision of aid should be generally simplified; the number of providers was limited, so that the aid will not include all resorts. It is also assumed that access to drawing on funds from structural funds and EU framework programs will be easier.
8.7.2009
News

Kocián Šolc Balaštík expands its team

Kocián Šolc Balaštík has expanded its legal team by three new advocates: Mgr. Miloslav Petrů, LL.M., Ing. Mgr. Ivo Šimeček, M.E.S. and Mgr. Jan Hrubec. With nearly seventy lawyers and tax advisors in offices in Prague, Karlovy Vary and Ostrava, KSB is ranked one of the largest law firms in the Czech Republic.
1.7.2009
News

Regional Court in Hradec Králové issues first European order for payment on 10 June 2009 upon application by KSB

Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure took force and effect on 12 December 2008. The Regulation is directly applicable in all Member States with the exception of Denmark and helps creditors swiftly and efficiently recover their outstanding debts in civil and commercial matters having cross-borders implications through a uniform procedure using standard forms.
30.6.2009
News

Co přinášejí datové schránky

24.6.2009
News

KSB assists unit trust in takeover of assets of joint stock company, the first transaction of this kind in Czech Republic

Law firm Kocián Šolc Balaštík provided legal consultancy to Closed Unit Trust Fortius 1, managed by the investment company Fortius Global Investments, in the takeover of assets of the joint-stock company TERION CZ a.s.
28.4.2009
News

2009 Legislation News

Amendment to the VAT Act and the Income Tax Act; Amendment to Decree No. 500/2002 Coll., implementing certain provisions of the Accounting Act; Collection of Acts
27.4.2009
News

Negotiated amendments

Amendment to the Income Tax Act; Chamber of Deputies postpones approval of partial harmonization amendment to the VAT Act and Excise Tax Act; Amendment to the Foreign Currency Act
27.4.2009
News

From Judicature - the Supreme Administrative Court comments on the term “in connection with business operations” used throughout tax legislation

In judgment No. 2 Afs 112/2008-44 dated 24 February 2009, the Supreme Administrative Court commented on the term “in connection with business operations”. The need for an explanation of the term is the result of a dispute between a taxpayer and the tax authority over a father’s donation of assets to his son, the father and son both having originally been engaged in the same business.
9.4.2009
News

Severe penalties on employers of illegal immigrants

The European Parliament adopted at its February session the Directive providing for sanctions against employers of illegally staying third-country nationals. Criminal penalties may be applied to deny this form of grey economy. Where the employer is a subcontractor the penalties may be imposed on its business partner as well. The Directive also aims at providing illegal workers with legal payroll. 
9.4.2009
News

Certain services subject to reduced VAT rate

The EU Finance Ministers under the Czech Presidency finally agreed on 10 March 2009 to reduce the value added tax rate for certain services. The draft amendment to Directive No. 2006/112 primarily covers areas where the current exemptions only made it possible to apply VAT lower than 15% by the end of 2010, which could result in considerable price increase for these services after 2010. The initiative constitutes a part of the European Small Business Support Program (Small Business Act).
9.4.2009
News

Freedom of Establishment; Cross-Border Transfer of a Company Seat

Judgment by the ECJ of 16 December 2008 in the case C-210/06 Cartesio Oktató és Szolgáltató Bt The European Court of Justice dealt with yet another case of a transfer of a company seat to another EU Member State. Cartesio, a limited partnership incorporated under Hungarian law with its company seat in Hungary, filed a petition with the registration court to transfer its seat to Italy. The registration court dismissed the petition due to the fact that Hungarian law does not make it possible for a company incorporated in Hungary to transfer its seat to a foreign country and, at the same time, be subject to Hungarian law as its personal statute.
9.4.2009
News

Liberalization of energy markets proceeds to second reading

One of the first sessions held by the Czech presidency was the session of the Transport, Telecommunications and Energy Council during which the joint position to the energy liberalization package was approved. As expected, the Council did not endorse most of the draft amendments by the European Parliament which were adopted in the first reading held last year. Unbundling or separation of electricity generation from transmission systems continues to be one of the most controversial issues, having impact on all gas producers and electricity generators in the EU. 
9.4.2009
News

Directive concerning the general arrangements for products subject to excise duty

The EU authorities passed Directive 2008/118/EC concerning the general arrangements for products subject to excise duty, which repeals Directive No. 92/12/EEC. The new legislation shall substantially aid in the efficient exchange of information between national tax authorities, introduce an electronic system for the monitoring of movement of consumer goods within the EU and define the legal framework for the functioning thereof. It also refines the definition of the objects subject to excise duty and the rules applicable to the payment thereof for the international shipping of goods. It has been designed to improve, and render more efficient, the fight against tax evasion.
9.4.2009
News

Commission’s priorities for assessing abuse of dominant position

The European Commission has issued instructions for enforcement priorities in application of Article 82 of the EC Treaty against abusive exclusionary conduct by dominant undertakings, which discriminate against other competitors on the market (Official Bulletin C 45 dated 24 February 2009). The document should assist companies in anticipating whether the Commission will intervene with regard to their  particular conduct. 
9.4.2009
News

SPE – a uniform company throughout the EU

The negotiations on the legal framework of a European Private Company (Societas Privata Europaea) progressed significantly during March. The European Parliament discussed and approved (subject to several amendments) the proposal on the statute for a European private company. 
9.4.2009
News

Regulation on credit rating agencies

The European Commission presented a proposal at the end of last year as part of a package of proposals addressing the financial crisis. It was instigated by current insufficient control over the quality of work of rating agencies that many people believe fairly contributed to the current financial crisis. Credit rating has been subject to legislation primarily applicable to other aspects of financial markets (Directive No. 2003/6 on insider dealing and market manipulation and Directive No. 2006/49 on the capital adequacy of investment firms and credit institutions). 
9.4.2009
News

Proposal for Directive on Industrial Emissions (Integrated Pollution Prevention and Control)

The European Parliament approved in its March session the proposal for a directive on industrial emissions on first reading. The proposal suggests consolidating the current seven industrial-emission laws into a single act – directive on integrated pollution prevention and restriction (IPPR) and six industry laws – the so-called VOC, LCP, titanium dioxide and waste burning directives. The reasons for this change are not to merely eliminate difficulties and discrepancies in the current legal framework, but respond to the ever-increasing emission levels which pollute water, soil and air, in attempt to create a more efficient pan-European framework and standards for an integrated approach to prevention. 
8.4.2009
News
Competition

Agrofert’s take over of Agropol permitted

Kocián Šolc Balaštík successfully represented Agrofert Holding, a.s. in proceedings before the Anti-Monopoly Authority regarding Agrofert’s merger with Agropol. The Anti-Monopoly Authority permitted the merger subject to predefined conditions.
1.4.2009
News

KSB Opens Branch Office in Ostrava

Law firm Kocián Šolc Balaštík, named several times by international rating agencies as a leading Czech law firm, opened a new branch office in Ostrava on 1 March 2009. The opening of KSB’s Ostrava branch office is an expression of KSB’s focus on satisfying the needs of its large corporate clients from the Moravia region.
24.3.2009
News

Negotiated amendments

Amendment to the Income Tax Act; Chamber of Deputies postpones approval of partial harmonization amendment to the VAT Act and Excise Tax Act; Amendment to the Foreign Currency Act
24.3.2009
News

Notification of the Finance Ministry

Notification of the Finance Ministry dated 2 December 2008 on classification of tangible assets into depreciation groups; Decree sets foreign meal allowances for 2009; Information on application of the provisions of Section 36, subsection 11 of the VAT Act
24.3.2009
News

New developments in legal regulations from 2009

Changes in payment of social security contributions from 1 January 2009; Maximum assessment base for 2009; Sickness Insurance Act
24.3.2009
News

From Judicature - Award by the Constitutional Court dated 1 December 2008 (I. ÚS 705/06)

Pursuant to the Award by the Constitutional Court dated 1 December 2008 (I. ÚS 705/06), the facts ascertained by tax authorities (carrying out procedural acts) in the course of a tax inspection that serve the decision-making of tax administrators but subsequently found to be illegal by the Financial Directorate, cannot be reapplied by the tax administrator.
6.3.2009
News
M&A

MAGNA Group takes over auto plastic parts manufacturer Cadence Innovation

Law firm Kocián Šolc Balaštík has been providing legal consultancy to its long-term client, the globally operating Canadian company MAGNA, in its acquisition of Cadence Innovation, s.r.o. The company belongs to the largest world-wide manufacturers of car parts and is established in the Czech Republic.
24.2.2009
Publications

Novelties in Commercial Law. Plus, No. 1/2009

Professor Jan Dědič, a partner of law firm Kocián Šolc Balaštík, wrote an article on changes expected in 2009 concerning legal regulations in commercial law in the Czech-German Commercial and Industrial Chamber's magazine Plus, which was published in February.
18.2.2009
News

Notification of the Finance Ministry

Notification of the Finance Ministry dated 2 December 2008 on classification of tangible assets into depreciation groups; Decree sets foreign meal allowances for 2009; Information on application of the provisions of Section 36, subsection 11 of the VAT Act
18.2.2009
News

New developments in legal regulations from 2009

Changes in payment of social security contributions from 1 January 2009; Maximum assessment base for 2009; Sickness Insurance Act
18.2.2009
News

From Judicature - The Constitutional Court Has Issued a Further Interesting Award

The break-through resolution of the Constitutional court concerning the deadline for additional tax assessment of which we informed in the past Tax News was preceding by another interesting resolution from the end of November 2008 in which the Constitutional court provided its comments on the contents and objective of tax inspection.
18.2.2009
News

International relations

Communication of the Ministry of Foreign Affairs on termination of the Agreement between the Czech Republic and the Union of Soviet Socialistic Republics on Social Security and the Protocol to the Agreement in relation to the Russian Federation
18.2.2009
News

Negotiated amendments

Amendment to the Income Tax Act; Chamber of Deputies postpones approval of partial harmonization amendment to the VAT Act and Excise Tax Act; Amendment to the Foreign Currency Act
13.2.2009
News
M&A
Energy

KSB Assists OKD, a.s. in Spin-Off of Energy-Related Assets

Kocián Šolc Balaštík advised OKD, a.s. in connection with the spin-off of OKD’s CZK 2.8 billion worth of energy-related assets to its sister company NWR Energy, a.s.
20.1.2009
News

Nový trestní zákoník čeká již jen na podpis prezidenta

20.1.2009
News

Changes in Cadastral Register

In the end of the past year, an amendment to the Cadastral Register Act was passed. In addition to legislative and technical adjustments, the amendment also contains significant factual changes. In general, data registered in the Cadastral Register will be more easily accessible, since in view of the advanced digitalization, any Cadastral Office may provide extracts, extracts from cadastral maps and any other data regardless of where the real estate is situated or under what Cadastral Office its cadastral area belongs. Simultaneously, together with the protection of important personal data that is usually contained in the Cadastral Register’s information system (such as information on financial circumstances, in particular information on acquisition of assets, purchase prices, etc.), the provision of certain data will be subject to certain regulation.
20.1.2009
News

Increased performance under insurance of deposits

The amendment to the Banking Act increases the maximum compensation provided under insurance of deposits to the amount equaling the equivalent of EUR 50,000. The new amendment took effect on 15 December 2008.
20.1.2009
News

New regulation for documenting certain facts entered in Commercial Register

Following the new regulation concerning mergers and other transformations effective 1 July 2008, an amendment was passed to Decree 250/2005, Coll. on Binding Forms for Filing Applications for Entry into Commercial Register. The major change is a new detailed regulation of mandatory annexes documenting facts entered into the Commercial Register in case of transformations of commercial companies, cooperatives and European cooperatives.
15.1.2009
News
Corporate law

KSB advises MICHEL THIERRY during restructuring in the Czech Republic

Law firm Kocián Šolc Balaštík provided legal advice to the MICHEL THIERRY GROUP SA during the merger and transfer of assets of its subsidiaries.
14.1.2009
News

New Attorneys at KSB - Radka Felgrová and Martin Škrabal

Law firm Kocián Šolc Balaštík, recognized as the Czech Republic's leading law firm in corporate law by the November survey of ePravo.cz, expanded its team of attorneys by two new members, Radka Felgrová and Martin Škrabal.
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