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NEUIGKEITEN

27. März 2020

Verkauf von MORACELL s. r. o. erfolgreich abgeschlossen

Das DRV Legal M&A-Team hat unter der Führung des Partners, Tomáš Rada, und der leitenden Rechtsanwältin, Kateřina Holušová, die Gesellschafter der Gesellschaft MORACELL s. r. o. beim Verkauf der Gesellschaft einer polnischen Investitionsgruppe und bei der Abwicklung der Transaktion rechtlich beraten. Es handelte sich um eine grenzüberschreitende Transaktion, da einer der Verkäufer eine italienische Gesellschaft war und der Verkäufer wiederum eine polnische Gesellschaft war. Trotz der laufenden COVID-19-Pandemie und der damit verbundenen Einschränkungen wurde die Transaktion auf Distanz erfolgreich abgewickelt. Die Gesellschaft MORACELL s.r.o. ist ein bedeutender Hersteller von Produkten für die persönliche Hygiene und für den Haushalt mit der Marke Big Soft.

4. Dezember 2019

Sale of MSV Metal Studénka, a.s.

M&A team of DRV Legal under the leadership of partner Tomáš Rada and senior associate Tomáš Antal provided legal consulting to investment fund Jet 1, investiční fond, a.s. in process of sale of MSV Metal Studénka, a.s., which included also a Polish daughter company Kuźnia Ostrów Wielkopolski Sp. z o.o. The sale is expected to be completed in the upcoming months after approval by the relevant antitrust authorities.

29. November 2019

New DRV Legal member

DRV Legal has welcomed Marek Bogdanovski into its Brno based team this September. Marek is a recent Law graduate of Masaryk’s University in Brno, where he discovered his passion for commercial, European and private international law. Currently, Marek’s focus is being drawn towards corporate and contract agenda as well as securities. Furthermore, Marek has completed his studies at the bilingual Grammar School in Znojmo, mastered his German language proficiency for law applications during university courses and worked as a translator of various legal documents.

15. September 2019

Acquisition of ARBOR,spol.s r.o.,něm.ARBOR GmbH

M&A team of DRV Legal under the leadership of partner Tomáš Rada and associate Nikola Hamáčková provided legal consulting to company DRFG Telco Management a.s., a member of the DRFG group, in process of acquisition of company ARBOR,spol.s r.o.,něm.ARBOR GmbH. As a result of the acquisition, the company DRFG Telco Management a.s. became the majority shareholder of ARBOR,spol.s r.o.,něm.ARBOR GmbH, which is focussing on construction, service and maintenance of telecommunication networks.

2. September 2019

The DRV succeeded at the Supreme Court

DRV's insolvency team led by the name partner Dušan Dvořák has recently noted two successes whilst representing clients at the Supreme Court of the Czech Republic, which complied with two appellate reviews in insolvency matters.

In Ruling No. 29 Cdo 4524/2017 the Supreme Court upheld the opinion that, in accordance with Section 356 (1) of the Insolvency Act, ancillary rights of a debt also cease to exist along with coming to effect of the reorganization plan, if the claim itself should have been applied by the creditor (plaintiff) in insolvency proceedings against the debtor (defendant) and that this applies also in the case of ancillary rights forming the costs of proceedings which occurred due to asserting such claim in court and which the creditor was previously paying by his own (in accordance with Section 140 (1) Civil Procedure Code). Thus, the claim to reimbursement of the costs of proceedings cannot be granted in such proceeding. In this particular case the plaintiff had filed a law suit before the insolvency proceeding began and after the insolvency proceeding had been brought to an end (after the reorganization plan came to effect and was fulfilled), he withdrew the law suit when the particular proceeding was renewed because his claim expired during reorganization, but at the same he demanded the reimbursement of the costs of proceedings claiming that he filed the suit by right. The Supreme Court upheld the fact that although the creditor (plaintiff) could not have exercised these ancillary rights in insolvency proceeding before issuing a final ruling on reimbursement of the costs (according to Section 142 or 146 Civil Procedure Code), it has no effect on the conclusion that the reimbursement of the costs cannot be granted.

In Ruling No. 29 NSČR 206/2017, the Supreme Court assessed the conditions for trying an insolvency petition of a sole creditor who asserts the debtor’s overindebtedness, but when there is no other creditor with a receivable due, only creditors whose receivables are not due yet. The Supreme Court agreed with the opinion of DRV by saying that the existence of at least two debtor's creditors with outstanding debts is the defining element of insolvency only in the form of payment incapacity, therefore the provision of Section 143 (2) of the Insolvency Act must be considered as a rule which only applies to insolvency in the form of payment incapacity. Thus, it must prevail the conclusion that a proof of the existence of another person with a receivable due against the debtor is not the prerequisite for determining debtor's insolvency in the form of overindebtedness under the creditor's petition; insolvency petitioner is then only required to submit evidence on his receivable due against the debtor and evidence on the debtor's bankruptcy. This ruling is important especially for banks and major debtors that were earlier avoiding insolvency proceedings by agreeing with other creditors on extending maturity of the debts.

4. Juli 2019

Sale of BENET AUTOMOTIVE s.r.o.

M&A team of DRV Legal under the leadership of partner Tomáš Rada and Tomáš Antal advised JET ALFA, a.s., belonging to Jet Investment group, in process of sale of BENET AUTOMOTIVE, a leading automotive composite and component supplier in the Czech Republic, to Teijin Holdings Netherlands B.V., which belongs to a group of Japan-based multinational company Teijin Limited, a world leader in the development, manufacturing and sales of technologically advanced materials and products. The sale is expected to be completed in the upcoming months after approval by the relevant antitrust authorities.

14. Juni 2019

Acquisition of Alcom Systems, s.r.o.

An acquisition of Alcom Systems, s.r.o. was successfully completed on 14 June 2019 by Libli s.r.o., which was represented by M&A team of DRV Legal under the leadership of senior associate Tomáš Antal.

17. Mai 2019

NEW ARTICLE ON EPRAVO.CZ

On May 7, 2019 the online magazine “epravo.cz” published an article, written by Tomáš Rada and Jolana Štěpaníková, which relates to certain aspects of the law of limited liability companies in the pending amendment to the Business Corporations Act. The whole article entitled “Selected aspects of the LLC after the upcoming BCA amendment“ can be found here:  https://www.epravo.cz/top/clanky/vybrane-aspekty-sro-po-pripravovane-novele-zok-109246.html.

14. Dezember 2018

Acquisition of FORTECH, spol. s r.o.

An acquisition of FORTECH, spol. s r.o. was successfully completed on 5 December 2018 by company Libli s.r.o., a member of the DRFG Telco group, which was represented by M&A team of DRV Legal under the leadership of partner Tomáš Rada and Kateřina Krutilková.

3. November 2018

Acquisition of Zenit – servis s.r.o.

M&A team of DRV Legal under the leadership of partner Tomáš Rada and Kateřina Krutilková provided legal consulting to a company Suntel Net s.r.o., a member of the DRFG Telco group, in proces of acquisition of Zenit – servis s.r.o.

31. Oktober 2018

Sale of KORDÁRNA Plus a.s. successfully completed

M&A team of DRV Legal under the leadership of partner Tomáš Rada and associate Tomáš Antal provided legal services in successful closing of the transaction regarding sale of KORDÁRNA Plus a.s. The law office provided legal services to group of shareholders in preparation, negotiation and conclusion of transaction documentation and in closing of the entire transaction.

14. September 2018

Sale of KORDÁRNA Plus a.s.

M&A team of DRV Legal under the leadership of partner Tomáš Rada and Tomáš Antal provided legal consulting to a group of shareholders in process of sale of KORDÁRNA Plus. The transaction included one production plant in the Czech Republic and one plant in Slovakia. The sale is expected to be completed in the second half of 2018 after approval by the relevant antitrust authorities.

20. August 2018

New member of our team

The part of DRV Legal team located in Brno is growing. Lukáš Verner is the new member of our teem starting August 2018. He specializes in litigations.

15. August 2018

New member of Visegrad Plus Legal

Starting August 2018, Visegrad Plus Legal has grown with a new law firm in Bucharest - Trofin & Asociatii SCA. Newly, our international alliance of law firms in the CEE region already covers Czech Republic, Slovakia, Hungary, Poland, Bulgaria and Romania. We are ready to provide you with legal services in these regions through our cooperating offices.

18. Juli 2018

Funding T.E Bleriot by Top.Estates group

The DRV Legal team, guided by partner David Vaníček, provided complete legal consulting to the developer group Top.Estates in a process of bank financing of the Bleriot project in Prague 9, near the popular shopping centre Letňany. The project will offer 151 apartments in three buildings, and DRV Legal cooperated with the developer group Top.Estates even with the purchase of the Bleriot project. The financing bank became UniCredit Bank Czech Republic and Slovakia, a.s.

15. Juli 2018

Another successful purchase of Top.Estates

Our acquisition team DRV Legal under the leadership of a partner David Vaníček provided legal consulting to the developer group Top.Estates in a process of purchase T.E. In Jarov, s.r.o., that was successfully concluded in June 2018. T.E purchased 1.4 hectares at Jarov from the German investment company Zeitgeist, which owned the property for three years. Developer company T.E plans to build a multifunctional district mainly with apartments. T.E estimates their number around 600.

13. Juli 2018

The sale of LESS & TIMBER group

M&A team of DRV Legal under the leadership of partner Tomáš Rada and Tomáš Antal represented company Jet 1, investiční fond, a.s. in the sale of LESS & TIMBER group, which was successfully completed in June 2018 by purchasing of shares by the investment group PROSPERITA holding, a.s.

19. April 2018

Establishment of investment fund Jet 2, investiční fond, a.s.

Legal team of DRV Legal, which was led by partner Tomáš Rada assisted with establishment of investment fund Jet 2, investiční fond, a.s., including preparation and structuring of complex documentation.

Jet 2, investiční fond, a.s. aims to get up to five billions Czech crowns from institutional and private investors and become the largest private equity fund in the Czech Republic.

20. Februar 2018

Visegrad Plus Legal

Starting 2018 together with our foreign colleagues from Slovak Republic, Hungary, Poland and Bulgaria, we established international alliance Visegrad Plus Legal which associate legal offices from the CEE region. Cooperating legal offices are situated in Prague, Brno, Bratislava, Budapest, Sofia and Katowice.

19. Dezember 2017

Successfully completed merger of BD SENSORS s.r.o. and CSRC spol. s r.o.

Legal team of DRV Legal, which was led by partner Tomáš Rada, successfully prepared a national merger of companies BD SENSORS s.r.o. and CSRC, spol. s r.o. and assisted with successful realization and finalization of the merger. Company BD SENSORS s.r.o. is a major player on the world market for electronic pressure measurement devices. The main domain of company CSRC spol. s r.o. is a complex realization of space electronics systems representing the flight hardware & software.

20. September 2017

Acquisition of BENET AUTOMOTIVE s.r.o.

An acquisition of BENET AUTOMOTIVE s.r.o. was successfully completed on 11 September 2017 by company JET ALFA, a.s., a member of the Jet Investment group, which was represented by M&A team of DRV Legal under the leadership of partner Tomáš Rada and Tomáš Antal, during the acquisition process our team also represented the company JET ALFA, a.s. in proceedings regarding approval of concentration of undertakings before the Czech Antimonopoly Office and in negotiations regarding acquisition financing with banks.

The company BENET AUTOMOTIVE s.r.o. is a leading manufacturer of plastic and carbon parts in the automotive industry, cooperating with VW group and employing approximately 650 people.

26. Januar 2017

Successfully completed reorganization of Ernst Leopold, s.r.o.

Team DRV Legal under the leadership of partner Dušan Dvořák and Kateřina Krutílková successfully carried out Ernst Leopold, s.r.o. through the whole insolvency proceeding including preparation, realization and fulfilment of reorganization plan. It is our pleasure to announce that insolvency court issued a decision on the 20th of December 2016 taken note a compliance of reorganization plan and the reorganization has been successfully completed.

Ernst Leopold is a traditional manufacturer of casting made of steel and cast-iron specializing on its piece and small-lot production and artistic castings made of various materials. The company is No. 1 producer in cast fine art and the foundry from Blansko is also the oldest continuously working business in Czech republic (since 1698).

22. Dezember 2016

Successful realization of cross border fusion

Under management of DRV lawyers, primarily Tomáš Rada and Tomáš Antal a cross border fusion of companies KORDÁRNA Plus a.s. (Czechia) and SLOVKORD Plus a.s. (Slovakia) was prepared, realized and finalized.

29. August 2016

Successful completion of reorganization of CP Praha, s.r.o.

DRV Legal team under the leadership of the partner Dušan Dvořák successfully carried a company CP Praha, s.r.o. (a development project CENTRAL PARK PRAHA) through the insolvency proceedings, including preparation and execution of reorganization plan. We are pleased to announce that insolvency court issued a decision on 16 August 2016, in which he confirmed the fulfilment of the reorganization plan and the reorganization was successfully completed. 

28. August 2016

Acquisition of BRONSWERK HEAT TRANSFER spol. s r.o.

On 17 August 2016 was successfully completed an acquisition of company BRONSWERK HEAT TRANSFER spol. s r.o. by company PBS INDUSTRY, a.s. from Jet Investment group, which was represented by M&A team of DRV Legal under the leadership of partner Tomáš Rada.

21. August 2016

New investment project Payment4U with the participation of DRV Legal

In July 2016 we successfully represented the investor in establishing new investment project Payment4U, a.s. that is focusing on development and production of payment machines.

20. Juli 2016

Acquisition of FIBERPREG, GmbH, Neu-Ulm, Germany

M&A team of DRV Legal under the leadership of partner Tomáš Rada was assisting during the acquisition of assets and real estate for the production of resign impregnated carbon fibres from with registered offices in Germany within its insolvency proceeding.  We wish all the best in the new start to new project FIBERPREG!

26. August 2015

Journal Právní rozhledy iss. 13-14/2015

In the article „A part of an enterprise according to § 421 par. 2 Law No. 90/2012 Coll. on commercial companies and cooperatives  and § 374 Law No. 90/2012 Coll. on Investment Companies and Investment Funds, not only in the context of investment funds“, published in the journal Právní rozhledy iss. 13-14/2015, the author Tomáš Rada is elucidating the problems with the interpretation of the term „part of a commercial enterprise“ with focus on practical utilization and running of investment funds.

14. Juli 2015

Registered Capital Increase of JET I, investiční fond, a.s.

DRV Legal team under leading of our partner Tomas Rada prepared an increase of registered capital of the investment fund JET I, investiční fond, a.s. by subscribing of new investment shares. The emission rate of investment shares reached 1,577 billion of Czech crowns and by this subscription the entrance of investors to this fund was successfully finalized.

13. November 2014

Workshop in the Chamber of Deputies

Dušan Dvořák participated as a lecturer in professional workshop about future of insolvency law, which took place in the Chamber of Deputies on 13.11.2014 and was organized in cooperation with the Committee on Constitutional and Legal Affairs of the Chamber of Deputies and The University of Economics, Prague, under the project TA CR TD020190 “Research of insolvency practice in the CR, with the aim of producing proposals for legislative changes that would enable an increase in creditors’ yields, which would contribute towards increasing the competitive ability of the Czech economy.”. Dušan Dvořák gave the presentation on topic “Administration and monetization of the collateral after the revision amendment to the Insolvency Act”. For more information visit:

http://www.vyzkuminsolvence.cz/vedecke-konference/seminar-na-pude-poslanecke-snemovny-clanek-obsahuje-prezentace-prednasejicich.html.

20. Mai 2014

Scientific conference in the Czech National Bank

Dušan Dvořák participated as a lecturer in the international scientific conference on the topic: “Insolvency 2014: Seeking a way to higher profits”. The Conference was held on 20.5.2014 in the premises of headquarters of the Czech National Bank in Prague and was attended by specialists on the issues of debtor’s default, insolvency, reorganization and issues of recovery of receivables. Dušan Dvořák gave the presentation on topic “New rules of administration and monetization of the collateral after the revision amendment to the Insolvency law.” For more information visit:

http://www.vyzkuminsolvence.cz/vedecke-konference/videozaznamy-vystoupeni-jednotlivych-recniku-na-konferenci-v-cnb.html

17. Oktober 2013

The sale of TEXIPLAST, a.s.

The sale of the company TEXIPLAST, a.s. was finished in September 2013. Our law office was assisting to the seller KORDÁRNA Plus a.s. in this successful implementation.

20. Mai 2013

Acquisition of MSV Metal Studenka, a.s.

The acquisition of the company MSV Metal Studénka, a.s. whose 100% share was purchased after successful reorganization by the company ROCA CAPITAL, a.s. from group Jet Investment, a.s. in March 2013. We are glad that our services contribute to successful realization of this transaction including its financing.

17. Januar 2013

New DRV LEGAL websites

New DRV LEGAL websites

26. März 2012

Tomas Rada Co-author of the Wine Law Commentary

Wolters Kluwer ČR, a.s. published commentary to Act No. 321/2004 Coll. On viticulture and winemaking, as amended to date January 1, 2012, whose co-author and the team leader of authors is Tomas Rada, DSB LAWYERS partner. More to the publication, see the website of the publisher.

16. November 2011

Amendment to the Labour Code

On 1 January 2012 shall take effect a significant and very comprehensive amendment to the Labour Code, which brings major changes in labor relations, which should lead to the greater labour market flexibility. For example the amendment reduces redundancy payment for certain situations, regulates overtime, night and weekend work, allows a longer probationary period for management employees or regulates the possibility to conclude fixed-term employment agreement.

9. November 2011

Právní rozhledy Journal no. 21/2011

In the article "To some implementation issues of building on land originally intended to perform the functions of the forest" publicated in the journal Pravni rozhledy no. 21/2011 the author Tomas Rada from DSB LAWYERS explains to readers the issue of withdrawal of forest land for construction purposes including relating issues.

28. September 2011

Court Fees Amount Changes

With effect from 1th of September 2011 there was an increase in certain court fees. Acording to information from the Ministry of Justice, the purpose of the Act on Court Fees is not only a reflection of social and economic changes, but this amendment introduces some conceptual changes that should prevent the use of calculated, bullying or petty actions. For example, the proposal for change of the business record of a company is subjected to a fee in amount of 2000,- CZK.

29. Juli 2011

Právní rozhledy Journal no. 6/2011

In the article "Withdrawal of land from agricultural land fund for construction purposes after the last law amendment" publicated in the journal Pravni rozhledy no. 6/2011 the author Tomas Rada (DSB LAWYERS) explains to readers the issue of withdrawal of land from ALF for the purpose of construction activities realization. 

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