INPROFORUM 2016

The paper focuses on the changes in the area of legal persons brought by the new Czech Civil Code. The new Civil Code recognizes three types of legal persons: corporations, foundations, and institutes. The process of transformation is aimed at the societies that were founded according to Act No. 83/1990 Coll., on association of citizens, as amended, and which became associations by the Civil Code since its effectiveness, i. e. on January 1, 2014. Associations founded according to the New Civil Code cannot be transformed into institutes. The form of an institute is suitable for associations where no member basis is present or ones where its members are at the same time also its employees. With regards to the association, the law recognizes two types of transformation, that is – voluntary, and obligatory. The obligatory transformation was done by the Civil Code when societies became associations, however, the voluntary transformation can be done sustaining on the decision of the supreme body. The society could be turned into an institute or into a social cooperative. The transformation process does not have any support in the legal regulation – that is why there are so many questions to be answered and interpreted

Institutes; Transformation of Legal Form Association; Association Law