Executing enforcement orders - licencing step by step

1. 5. 2014 | Source: Point of Single Contact (PSC) Czech Republic

Under authorisation by the Executor's Office, a licensed executor (court bailiff) executes enforcement orders. This involves the execution of court or other enforcement orders, which may impose an obligation to settle payment or fulfil other non-monetary obligations (such as vacating a property).

Persons wanting to pursue the profession of licensed executor must first be entered onto the list of licensed executor trainees. Following completion of a traineeship, the applicant must pass a licensed executor’s examination in order to obtain the relevant certificate. This exam need not be taken by applicants who have passed the professional judicial examination, the judiciary examination, the unified judiciary and Bar examination, the prosecutors’ examination, the Bar examination, the notarial examination or a professional commercial lawyer exam. The same applies to the period of traineeship. After the relevant exam has been passed, an application may be sent to the Czech Chamber of Licensed Executors for inclusion onto the list of licensed executor candidates. Whenever an Executor’s Office becomes vacant, a selection procedure is followed to fill the appointment. Once a candidate has been selected, he or she shall be appointed to the office of licensed executor by the Minister of Justice.

Procedure for obtaining authorisation:

  1. Application for inclusion onto the list of notary trainees
  2. Application to take the public notary exam
  3. Application for inclusion onto the list of licensed executor candidates
  4. Application to participate in a licensed executor selection procedure
  5. A professional liability insurance policy must be taken out in the event of successful participation in the selection procedure
  6. If successful in the selection procedure, the applicant shall take the oath before the Minister of Justice, receive an official stamp and be appointed a licensed executor

1) Application for inclusion onto the list of notary trainees

  • The application shall be filed with the Chamber of Licensed Executors
  • There is no prescribed form for the application. The application shall be supported with documents attesting academic qualification, successful completion of the final state exam, a contract of employment certifying that the applicant is employed by a licensed executor, an extract from the Criminal Register and copy of the applicant’s ID document.

Registration in the list

2) Application to take the notary exam

  • The application has no prescribed form or particular requirements.
  • The application shall be filed with the Chamber of Licensed Executors
  • A ruling on holding the licensed executors’ examinations shall be published on the Chamber's website and subsequently in two nationwide daily newspapers.

The application shall include:

  • original or certified copy of documentary proof of completed university education at a Faculty of Law established in the Czech Republic and an original or certified copy of the final state exam certificate,
  • original or certified copy of an extract from the Criminal Register not older than 3 months
  • document attesting to the duration of current legal practice, and/or request for inclusion of other legal practice. Practice as a licensed executor trainee may also include practice as a judge, prosecutor, prosecuting attorney, state arbitrator, state notary, notary, trainee judge, a prosecution trainee, an arbitrator trainee, a trainee prosecuting attorney, a notary candidate and notary trainee, a lawyer and trainee lawyer, a Constitutional Court Justice and as an assistant to a Constitutional, Supreme or Supreme Administrative Court Justice. The chamber may also allow to count as the legal experience of licensed executor trainees other legal experience obtained following completion of the specified education, where the licensed executor obtained, during their traineeship, the knowledge and experience required for carrying out licensed executor duties and other activities pursued by a licensed executors
  • certified declaration of Czech citizenship and full legal capacity
  • confirmation by licensed executor to the effect that the applicant is employed by them as a licensed executor trainee
  • in addition, a fee amounting to CZK 10,000 needs to be paid before taking the examination. The fee shall be transferred to the bank account no. 27-85 77 11 02 27/ 0100

Applicants shall be provided with the relevant certificate after passing the exam.

3) Application for inclusion onto the list of licensed executor candidates

  • The application has no prescribed form or particular requirements. The application shall be supported with the licensed executors’ examination certificate or its equivalent (see the previous point).
  • The application shall be filed with the Chamber of Licensed Executors.

The chamber shall include the applicant onto the list within two months.

4) Application to participate in a licensed executor selection procedure

Detailed information on the conditions of appointment as a licensed executor and further information on the proceedings

Licensed executor candidates shall attach the following documentation:

  • documentary proof attesting to payment of the participation fee. The amount and method of payment are always set out in the ruling on the selection procedure
  • extract from the chamber’s list of licensed executor candidate

Other candidates shall attach the following:

  • original or certified copy of a document attesting to the completion of a full university education
  • original or certified copy of an extract from the Criminal Register not older than 3 months
  • document attesting to the duration of current legal practice, and/or request for inclusion of other legal experience
  • document demonstrating that the candidate has passed the licensed executors’ examination or its equivalent. The licensed executors’ examination shall be regarded as having been passed where the applicant has passed a judicial examination, the judiciary examination, the unified judiciary examination, the unified judiciary and Bar examination, the prosecutors’ examination, the final examination of prosecuting attorneys, arbitration examination, notarial examination, the Bar examination, professional commercial lawyer exam and the final legal trainee examination
  • documentary proof attesting to payment of the participation fee. The amount and method of payment are always set out in the ruling on the selection procedure

Upon the completion proceed to the next step

5) A professional liability insurance policy must be taken out in the event of successful participation in the selection procedure

  • The policy may be obtained from a various commercial entities

Upon the completion proceed to the next step

6) If successful in the selection procedure, the applicant shall take the oath before the Minister of Justice, receive an official stamp and be appointed a licensed executor

Upon the completion proceed to the next step

The business may be conducted after fulfilling all the above stated requirements.

Related information:

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