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ARTICLE · 12 NOVEMBER 2012

Increasing Transparency Of Shareholders Structures

The draft Act allows for the cancellation of the circulation of physical bearer shares.

Czech RepublicCorporate/Commercial Law
Tomáš Valouch
Tomáš Valouch
Zuzana Tonarová
Zuzana Tonarová

An effort to make the shareholder structures of joint stock companies transparent has encouraged the former Justice Minister, Jiří Pospíail, to draft an Act on Increasing Transparency of Joint Stock Companies and on Amendment to Certain Acts,1 which entails much expected limitations on bearer shares. The aim of the Act, whose draft was approved by the government on 30 May 2012 and will be discussed by the Chamber of Deputies on its upcoming session in September, is to make it possible to identify a shareholder at any moment, and thus eliminate the risks of a non-transparent and corrupt environment and money laundering through anonymous joint stock companies.

The draft Act allows for the cancellation of the circulation of physical bearer shares. Physical bearer shares, which will not be immobilized, will change ex lege to physical registered shares. It will be possible to avoid such a change only by (i) the book-entering of shares, i.e., by changing their form

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