The new Civil Code (No. 89/2012 Col., hereinafter “NCC”) brought a lot of changes in the area of civil law. One of the most discussed provision is § 441 art. 2 NCC, whose last sentence sets: “If a special form for legal act is required, the power of attorney has to be in the same form.” This sentence in its consequence makes uneasy the assembling of general meetings of czech corporations with foreign shareholders, because especially this people let themselves to be represented on general meetings.

In the case, when legal act should be provided in the form of public deed, it means notary enrollment, the power of attorney should be also provided in the form of notary enrollment. This would be the fundamental complication for foreign people, who would have to come to czech notary to grant the power of attorney in the form of notary enrollment.

The group of experts by commission for application of NCC at the Ministry of Justice came to conclusion that the power of attorney for accepting of decisions of sole shareholders or representing on the general meeting may be granted only in form with verified signature. The acceptation of the above written will be shown though by the decision of the commercial register court.