When the obligation applies
- Person authorised as an insolvency practitioner.
- Person authorised as a restructuring practitioner.
Exceptions and important distinctions
- Only section 27a duties: reporting under section 18, contact person under section 22, information under section 24(1) and (3), and confidentiality under section 38.
- Assess any separate activity under its own category.
- Read the category with section 2(3): the activity must form part of the business, subject to statutory exceptions for non-business legal entities, lawyer partners and the specified trust activity.
From first engagement to retention
Read this workflow with the scope and exceptions for this profession. Evidence of a measure follows its actual performance.
1. Before starting: verify scope
Record the actual service, parties and why it falls within the scope above. Assess exceptions for each measure, rather than applying them to the entire client relationship.
2. While providing the service: apply sector steps
- Configure recognition and escalation of suspicion.
- Designate and notify the contact person.
- Protect reporting records and ensure cooperation.
When the service, party or relevant circumstances change, revisit the affected step. This profession’s special regime takes precedence over a generic checklist.
3. Closure: document the outcome under the applicable regime
- Contact person notification
- Internal suspicion record
- Cooperation and access arrangements
Determine which records to retain and under what legal basis. For a customer of an obliged entity this concerns cooperation, not taking over the provider’s duties.
§ 2 odst. 1 písm. m); § 27aSupervision and legal basis
FAÚ; Ministry of Justice under section 35(1)(e) for both insolvency and restructuring practitioners.
FAÚ contact person: when and how to notify
Designation, notification exemptions, current deadlines and XML submission through a data box.
Read article →Suspicious transactions: internal escalation and cooperation
How to escalate specific suspicion, preserve the timeline and respond to FAÚ requests.
Read article →Suspicious-transaction reporting and professional differences
Recipient, timing and content of reports, including professional-chamber routes.
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