In its April´ issue the periodical Obchodní právo (Commercial Law) by Wolters Kluwer has been published an article of professor Alexander J. Bělohlávek „Limits on facts review in relation to the registrary proceedings (company register)“.

Interpretation of the registration principle in the registrary proceedings (company registers)  may cause violation of fundamental rights of persons who are not given the full opportunity to claim their rights directly in those proceedings. An example is the restriction of rights in terms of Section 101(2) of the Act on Public Registers. According to the current interpretation, the particular provision provides for defence possibilities directly in the proceedings with company registers only for persons who are fully deleted from a company register. This does not reflect, for example, situations where, although a person formally remains a member of athe ompany, the amount of its shares changes. Defence in adversarial proceedings for the invalidity of a decision of the general meeting does not provide qualitatively the same extent of protection due to the complexity of this proceedings. Thus, instead of exclusively linguistic interpretation of Section 101(1) of the Act on Public Registers it is also necessary to apply other methods of interpretation, in particular and mainly teleological interpretation. Restrictive approach to the active legitimation (right to claim) in the registrary proceedings may also violate fundamental rights provided by the Charter, as well as provided by provisions of international treaties.