Information on registration of receivable in liquidation
The law does not stipulate any specific form for registering a receivable in liquidation. There is no form for registration of a receivable in the liquidation of Sberbank CZ, a.s. v likvidaci. In particular, creditors must comply with the condition of proper specification of the creditor and its receivable in their registration form. Please pay attention to the information to be included in the registration form and the requirements for signing the registration form, which are set out below.
The law does not stipulate any specific requisites of the registration form of a receivable in liquidation. However, for the purposes of registering a receivable in liquidation of Sberbank CZ, a.s. v likvidaci, it is advisable to include at least the following information with respect to each registered receivable so that the creditor and its registered receivable may be duly identified:
- In the case of a creditor ‒ individual: Name; surname; birth number (if assigned, otherwise date of birth); residential address. In the case of a creditor – legal entity: Name/business name, Identification No./registration number; registered office address; jurisdiction of incorporation.
- Contact details of the creditor: Telephone number; e-mail address.
- Reason for the occurrence of the receivable (deposit in account No. XX, unpaid invoice for services No. XX, etc.)
- Type of receivable: Unsecured; secured.
- Amount of the principal of receivable
- Bank account No.
- A creditor with its permanent residence/registered office in the Czech Republic may only provide details of a bank account maintained with a financial institution in the Czech Republic for the purpose of payment of its receivable;
- A creditor with its permanent residence/registered office outside the Czech Republic may provide details of either a bank account maintained with a financial institution in the Czech Republic, or a bank account maintained with a financial institution outside the Czech Republic for the purpose of payment of its receivable. If payment to a bank account maintained with a financial institution outside the Czech Republic is selected, the creditor must pay all related fees.
If a creditor registers a receivable that is not known to Sberbank CZ, a.s. v likvidaci by definition (i.e. it is not for instance a receivable on account of a deposit in a bank account), it is necessary to provide the registration form with relevant documents supporting the respective receivable.
Yes, the registration form needs to be duly signed; otherwise, it cannot be considered valid. Although the law does not require the signature on the registration form of a receivable in liquidation to be officially certified, in order to avoid any doubt and to speed up the payment of the respective receivable we recommend officially certifying the signature attached to the registration form of a receivable.
Regardless of whether or not the signature on the registration form is officially certified, the following documents need to be attached to the registration form in the below cases:
- Where signed by a creditorʼs proxy, the registration form needs to be accompanied by the original or an officially certified copy of the Power of Attorney with an uncertified signature (or if the signature on the registration form is certified, with a certified signature on this Power of Attorney) empowering the proxy to act on behalf of the creditor in the given matter, dated no later than the signature date of the registration form;
- Where a creditor or its proxy is a legal entity, the registration form also needs to be accompanied by the original or an officially certified copy of an excerpt from the respective register of the creditor and/or its proxy, or of another official document confirming that the person having signed the registration form, or the Power of Attorney under para I. above respectively, is authorized to act on behalf of the creditor, or the proxy respectively, issued no later than the signature date of the Power of Attorney under para I above (in relation to an excerpt of the creditor) and no later than the signature date of the registration form (in relation to both an excerpt of the creditor if the creditor itself signs the registration form, and an excerpt of the proxy if the registration form is signed by the proxy), but no earlier than 3 months before the signature date of the registration form. Where the creditor and/or its proxy are a Czech legal entity, the documents under this para II. are not required in relation to the creditor/proxy if current data on the creditor and/or proxy is available from the Commercial Register or another official public register maintained in the Czech Republic.
All documents need to be in the Czech, Slovak, or English language. Documents in any other language need to be accompanied by an uncertified translation to one of the above languages.
Where filed by a data box, the registration form is considered signed if the conditions are met pursuant to Sec. 18 (2) of Act No. 300/2008 Sb., on Electronic Acts and Authorized Document Conversion. If these conditions are not met, a registration form sent by a data box needs to be provided with a certified electronic signature(s). In any event, if a registration form is filed by a data box, any documents to be provided in the original or as a certified copy (see above) need to be sent by a data box together with the receivable registration form in the form of authorized conversion.