Useful hints when forming a company

Extract from the criminal record

One of the documents necessary for company formation and incorporation is an extract from the Criminal Record:

  • If you are a Czech citizen or you have a residence permit in the CZR the extract from the Czech Criminal Record is sufficient – our notary will obtain this for you (this extract is part of the company incorporation fee).
  • If you are an EU citizen without a residence permit in the CZR, our notary can obtain it from the majority of EU countries (with the exception of Italy, Holland and Portugal). However, the period for company incorporation will be extended by 1 to 20 days, depending on the particular country (this extract is part of the company incorporation fee).
  • If you are a citizen of a third country (and you do not have a residence permit in the CZR), you will have to provide an extract from your own country Criminal Record Register (this will have to be translated by an official translator and bear a seal of certified translation). The official translation must be done by a person listed in the Register of experts and interpreters and must have a round stamp. The extract and translation fees are your own expenditure and this issue will also extend the time by which the company incorporation will be delayed.
  • PLEASE NOTE – extracts must not be more than 1 month old

Legalisation of the documents Abroad

The legalization of a document, is the process of certifying a legal document which is to be used abroad, as genuine and with full legal effect.

How to proceed when legalising official documents (Power of Attorney, Sworn statement/Affidavit by the future company Director), if you are not a resident of the Czech Republic:

  • Clients in Slovakia can have the document certified by any Slovak notary. There is a reciprocal agreement between the CZR and Slovakia and they mutually accept the certifications automatically.
  • Clients from outside of the CZR and Slovakia must have the documents legalised by the authorised body in their particular country. If it is a case in which the CZR has concluded a bilateral international treaty about mutual legal assistance, you do not need to take any further steps (i.e. clients in Slovakia).

    If no bilateral international treaty applies, it is necessary to organise the document’s legalisation via a special process, under which a special seal is attached called an apostille. This applies to states which are members of the “Hague Apostille Convention” (e.g. United Kingdom, Switzerland, USA, Germany, Austria, etc.).

    TIP: the documents may be also signed at the Czech Embassy. The documents executed in this way are accepted in the Czech Republic as certified documents and you do not need to take any further action. Or you can sign the document in the Czech Republic in the first place and save yourself all the complication.

Execution proceedings and insolvency

If you or other company representatives/members are affected by the circumstances listed below, please contact us before taking further steps.

  • If you are staying long term in a high-risk country or tax haven and/or you have citizenship from one or you come from a high-risk country or tax haven
  • If you and/or your current company are going through execution proceedings or insolvency

In these cases it is necessary for a notary to decide on the individual circumstances, whether the particular person is legally able to take the future position of a Director or shareholder in the company.

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