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Important changes for cooperatives under the Business Corporations Act
Unrestricted transfer and transition of cooperative shares, due managerial care etc.
Along with changes to company law, on 1 January 2014, through recodification of private law, changes took place in the area of housing cooperatives, which is now governed comprehensively by the Business Corporations Act, including rent adjustment of cooperative flats.
The express absence of restriction in the transfer of cooperative shares and all rights and obligations related to such shares is the most positive change that will be appreciated by most housing cooperative members. In practice, this means that if you wish to buy a cooperative flat and live in it, you need not worry that the cooperative will not conclude a lease agreement with you for any reason after the transfer of the cooperative share, as the law expressly states that the transfer of the lease of the cooperative flat occurs by the transfer of the cooperative share. Similarly, in the event of the death of a cooperative member, the law prohibits any restriction in the transfer of the cooperative to heirs.
Another change that one needs to be aware of when performing the office of member of a cooperative body is the obligation of body members to act with due managerial care, including penalties stipulated under the law for breach of such obligation.
You can find more information in the article written by our attorney Michael Koliha on: http://www.epravo.cz/top/clanky/bytova-druzstva-ve-svetle-zakona-o-obchodnich-korporacich-94263.html
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Jasper Brinkman
Jasper Brinkman
"Following a devastating hotel fire in Prague, the law firm Holubová advokáti, led by attorney Klara Dvorakova, successfully represented our extended family as a group of victims. The firm navigated complex international insurance and compensation laws to defend our rights.
I would like to acknowledge the extraordinary efforts the firm had to make to bring our case to a successful compensation under extremely difficult circumstances."
Stewarts
Stewarts
"A visit to her daughter in London turned Eva's life upside down when she says she stepped into a crossing on a green light but was hit by a car. Despite her remarkable bravery, she faced a long treatment due to fractures in her pelvis, and the associated limitations and pain are likely to persist for the rest of her life. Regular headaches and impaired concentration compound her challenges.
Eva contacted us through an organization temporarily helping her manage her difficult living situation. At that time, she was destitute, relying only on subsistence payments. We were able to assist her because we specialize in personal injury and have contacts with proven colleagues abroad.
We worked with Stewarts, a UK law firm, on this case. Attorneys Klára Dvořáková and Rebecca Huxford helped Eva with the documentation in her case, explaining her options and the differences between the Czech and British systems of healthcare and social benefits reimbursement. Within a few months, thanks to the professional cooperation between the two offices, an offer of compensation from the insurance company of approximately CZK seven million was achieved. The client accepted this settlement because she did not want to deal with courts in the United Kingdom.
Subsequently, we assisted the client with related tax issues and contacted Auditone, a tax consultancy firm, which arranged for the filing of a tax return. Compensation for lost income is taxable, unlike most personal injury compensation.
'No one has done as much for me as you,' Eva said.
The fact that we were able to help Eva gives our work meaning and brings us great joy. We are very happy that, thanks to our many years of active involvement in the international professional organization PEOPIL, we can cooperate on such cases."