TNBiz (TNBiz)
Business  |  January 17, 2013 10:05:43

Who will delay payment of invoices, get fat fine


It happens routinely. Small trader supplies goods large customers, such as fruit from small growers to supermarket chains. A stronger abusing its dominant position and pay your invoice resides. After tradesman can be like that which has to deliver.

So exactly wants to end the practice of amendment to the Commercial Code, which dealt in the middle of the Constitutional Legal Committee of Deputies. The draft is to prevent common nuisance that many of the goods delivered or services are paid much later than agreed. This complicates the management and the effect of secondary insolvency. Thus creating a chain of outstanding claims. One entrepreneur can not pay the next, because he is waiting for reimbursement invoices. The law should protect especially small and medium enterprises.

With the amendment to the committee arrived at the Justice Department envoy, Deputy Frantisek Korbel.

"The amendment introduces a maximum maturity, the difference, if it's within the business - ie between the entrepreneur and the entrepreneur, or the public authority figures. In the latter case, the period of 30 days, rarely it can be extended to sixty and that's insurmountable, it also applies to subcontracts for public procurement, "said Korbel.

So if someone vysoutěží contract, may rely on that in a month will get money for their services or goods.

Among entrepreneurs, the situation is somewhat different. Period of 30 days will apply only if the contracting parties themselves neujednají nothing. "They may agree to increase the limit to 60 If it takes longer, it is examined, that it was not grossly unfair to the creditor, "said Korbel.

This is the case when a powerful businessman abusing its dominant position and still delays the day when small suppliers pay.

And if someone exceeds the statutory deadline, he's a number of sanctions. The logic of the amendment is clear: if you do not pay on time, you are pretty expensive. The rate of interest shall be set at least eight percentage points above the rate of the central bank.

This amount is enough, according to experts at a powerful tool that you paid on time. At the same time, however, fear that an increase in the statutory burden of lead entrepreneurs to further circumvent the rules and the search for escape routes.

But the time invested to circumvent the law to sinners may also withhold. When the debtor exceeds the maturity, blisters appear automatically default interest, the creditor need not give it to him to know.And also has the right to make the debtor pay him a minimum of costs he had to incur to enforce their claims.

The Act also introduces an obligation for the receipt of goods or services does not last longer than a month.

For example, Chamber of Commerce welcomes the amendment of the Commercial Code. "Another advantage offered by the Directive is the ability to charge interest on late payments automatically without any notice, a significant increase of the minimum interest rate in case of delay and setting a minimum amount for the reimbursement of additional costs creditor," mentions office. That the Department of Justice has set for twelve hundred crowns - when one begins to enforce creditor shall be entitled to fixed compensation.

As the Act is numbered from 1 March 2013, but lawmakers on Wednesday agreed that the term is not very realistic to get done. But the Czech Republic attaches liability to the European Union, and it insists that the adjustment in the Czech legal order shown to 16 March. The House of the fifth amendment gets first February when schůzovat begins. And MPs should hurry to the Republic did not pay for it, that alone can not meet its obligations on time. The Union may penalize its member states.

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