100/1945 Coll.
The DECREE of the
the President of the Republic of
of 24 June. October 1945
on the nationalization of the mines and some industrial enterprises
Change: 114/1948 Coll.
Change: 106/1950 Coll.
Change: 86/1950 Coll.
Change: 105/1990 Coll.
On the proposal of the Government, and in agreement with the Slovak National Council designate:
SECTION I
The range of the nationalization of the
§ 1
(1) on the date of publication of this decree with the znárodňují after nationalization:
1. undertakings operated under the General Mining Act, business and law
on the search and patent mining, mining permission under section 5 of the General
the top of the law and the rights of the owners of the land under section 1, title I, the amount
(VII) the temporary judicial rules from year 1861, in force in the Slovak Republic;
2. energy companies and facilities serving the manufacture, procurement, divorce
and the power supply of all kinds that can be and a wider range of
consumers, in particular electricity, gas and steam, with the exception of the production
Racing equipment neznárodněných enterprises, which mainly energy alone
they consume;
3. iron, steel mills, steel mills, a foundry in the non-ferrous metals with the exception of
metal smelters and economically separate production;
4. Gray, steel foundries, malleable cast iron and non-ferrous metals, with more than
400 employees, according to the average of the States on the dates 1. January 1942 to 1944;
5. rolling mills, oil mills and metal wire mill, if you do not process only lead
or Tin;
6. undertakings industry metalworking, electrical, fine mechanics and
optics, with more than 500 employees, according to the average of the States on the dates 1. January
the years 1942-1944;
7. undertakings of the armaments industry, which his research or production
the focus are the development of military equipment production enterprises
explosives and other armaments industry, which designates the Minister of
industry, in agreement with the Minister of national defence;
8. in the field of the chemical industry by the State on the day of the beginning of the effectiveness
This Decree:
and factory equipment) for any of the following productions: acid
sulphuric, nitric, hydrochloric or calcium or silicon carbide, artificial
corundum, cyanides alkaline, alkali metals or policy
electrolytic ammonia, soda, water glass, matches, artificial
fertilizers, earthy colors associated with the extraction of raw materials, plynožárných
bodies, acetic acid, acetone or methanol from wood tar,
benzene and its homologues, purified mineral oils and fuels
obtained by distillation of crude oil by cracking of oils or synthetic, artificial
sweeteners, artificial fibres, synthetic rubber, rubber tires for
motor vehicles and bicycles,
(b) production of chemical factory)-pharmaceutical;
9. the undertakings for the grit of magnesite, asbestos, kaolin, mica, feldspar,
refractory clays or high quality ceramic bearings hlin,
These minerals, as well as the enterprises for the production of cement or cement
binders;
10. the enterprises for the production of technical items, porculánu, osinkocementového
with more than 150 employees, according to the average of the States on the dates 1. January years
1938-1940;
11. enterprises for the production of glass with vanovým device for continuous operation,
According to the State on the day of the beginning of the effectiveness of this Decree;
12. undertakings for the production of glass with daily baths and glassworks with a total
pánvovým content over 1000 liters, according to the State on the day of the beginning of the effectiveness
This Decree;
13. undertakings whose basic production scope is production building,
technical ceramics, tiled goods, porculánu, lime and limestone mining
with more than 150 employees, according to the average of the States on the dates 1. July years
1938-1940;
14. undertakings whose basic production scope is production of brick
goods with more than 200 employees, according to the average of the States on the dates 1.
the years 1938 to July 1940;
15. undertakings for the production of cellulose;
16. undertakings producing at the same paper and cardboard, paper and mechanical pulp,
cardboard and mechanical pulp, or all of these species, with more than 300 employees
According to the average of the stocks on the dates 1. January, 1938-1940;
17. businesses saw with more than 150 employees, according to the diameter of a
days 1. January, 1938-1940;
18. businesses saw with further processing of wood processing enterprises
wood, with more than 300 employees, according to the average of the States on the dates 1. January
the years 1938 to 1940;
19. enterprises for factory production of veneer, boards of sklížených veneers, according
the State on the day of the beginning of the effectiveness of this Decree;
20. spinning cotton, combed yarn of carded yarns, which further
do not process, flax, jute, synthetic fibres, with more than 400
employees of the State, according to the average of the dates 1. January, 1938-1940;
21. the weaving of cotton with more than 500 employees, according to the diameter of a
days 1. January, 1938-1940;
22. weaving of wool, silk and artificial fibre, enterprises for the production of
carpets and blankets, trhárny, enterprises for the production of lace and braid
enterprises stávkařského and pletařského industry, with more than 400 employees
According to the average of the stocks on the dates 1. January, 1938-1940;
23. spinning of textile waste processing companies for the manufacture of sewing
threads and yarns, nezpracovávaných by weaving or knitting, for the production of
wool made of natural and artificial fibres, obvazových substances, weaving of flax,
hemp, jute, with more than 400 employees, according to the average of the States on the dates 1.
January, 1938-1940;
24. undertakings processing textile industry, textile printer
products, with more than 200 employees, according to the average of the States on the dates 1.
January, 1938-1940;
25. clothing industry companies with more than 500 employees, according to the average of
States the dates 1. January, 1938-1940;
26. the undertakings for the manufacture of leather, leather substitutes, articles of leather and of their
substitutes, with more than 400 employees, according to the average of the States on the dates 1.
January 1939-1941;
27. production of gramophone records.
(2) The vesting of the number of employees includes all persons in the
the undertaking subject to nationalization of the employed or active, regardless of the
It's where they work or have worked. For the enterprises of more stages to the number of
employees in the grades, which indicates the prevailing character of the focus,
apply persons employed in all other stages of the venture.
(3) for the enterprises of industrial sectors referred to in paragraph 1, No 4, 6, 10,
16 to 18 and 20 to 26, which were not in use at all times, in accordance with
the average number of employees as the basis for its nationalization, decides
State diameter dates 1. in January, the nationalised sectors according to no. 13 and
14 to days 1. July, the last two years these periods, not last if the
the operation of the undertaking or so long, State employees to 1. January last
the year under these numbers referred to; the company, which was not even in this day of
in operation, decide the status of the employees at the date of the beginning of the effectiveness of this
the Decree.
(4) the provisions of this Decree shall not apply to the enterprise:
and the communities of výdělkového and economic) under the law of 9 July 2004.
April 1873, no. 70 ř.z., income and economic communities,
in Slovakia, according to § § 223 et seq.. Cust. article. XXXVII/1875, as well as
and to the enterprise, which belongs to such a Guild or cooperative, or,
He belonged to the 29. September 1938
(b)) that the Government in particularly justified cases, on a proposal from the Minister for
industry, made after hearing the representative of trade and industry,
removed from the nationalization. This provision shall not apply to undertakings and rights
nationalized industry according to § 1, para. 1, no. 1,
(c)) that the Minister of industry, in agreement with the Minister of finance, in the Slovak Republic after
hearing, officials of industry and trade and Finance of the nationalization, excludes the
the owner (operator) shall order that it be permanently stopped,
because the Government decided that its next operation is not in the public
interest.
(5) the conditions are fulfilled for nationalization pursuant to this
the Decree, decisions of the Minister of industry.
§ 2
cancelled
§ 3
Zakládati new businesses and do regardless of their range in the
nationalised industries according to § 1, para. 1 No. 1 to 3, 5, 7, 8, 9, 11,
15, 19 and 27, is reserved to the State. This right, the Government may, on the proposal of the Minister of
industry make. ^ ^ *)
§ 4
(1) the State shall take ownership's znárodněnému property.
(2) Nationalization concerns
and real estate, buildings), equipment, bearings and raw materials,
(b) the undertaking, including accessories) in it all, and the right of chattel
(licenses, trade permission, signs, patterns, water rights and under.)
bills of Exchange, securities, passbook, cash and receivables,
(c) the chattels and rights) other than those that are accessory to the business.
(3) the property referred to in paragraph 2, the nationalization of the concerns, is used to or
If the intended operation of the nationalized undertaking, even if it belongs to someone else
than the owner of the company. Patents and, in particular, stocks of raw materials, auxiliary and
provozovacích materials, semi-finished products, semi-finished and finished products,
the nationalization affects only, if the owner or operator of the nationalized
of the undertaking.
(4) together with the undertaking of the znárodňují to the extent arising out of the provisions of the
paragraphs 2 and 3:
and) all manufacturing companies and factories belonging to the owner or
the operators of the nationalized undertaking,
(b)) all the undertakings and establishments that make up the enterprise znárodněným
the marketing unit, even if it belongs to someone other than the owner of the
nationalized business.
(5) if the undertaking belongs to a nationalized company limited on the shares,
public limited-liability company, limited company, obmezeným or těžařstvu
nationalizing all assets, as well as in the same range
enterprises of the group, which belongs to them, more than half of the capital
or which have a decisive influence.
(6) the Minister of industry, on Slovakia after hearing the position of the industry and
trade, the vyjmouti of the nationalization of the individual pieces of property,
property files or rights, if it is not strictly necessary to the operation of the
the national enterprise, and ponechati is the actual owner, which may
at the same time uložiti the condition that the deadline shall establish for the benefit of
the national enterprise servitude or exploitation right.
(7) the extent of nationalization in accordance with paragraphs 2 to 5 shall be decided by the Minister of
industry, Slovakia after hearing the representative of trade and industry. For
control and determination of the extent of the Government's nationalization of the provisions do not apply
Regulation of 13 June. January 1928, no. 8 on the proceedings in matters
belonging to the scope of the political authorities (administrative proceedings).
Section 4a
If the scope of the Minister of industry assets nationalized
According to this Decree shall not apply to the establishment of a national undertaking or to
integration into the national enterprise, or if such things will not be entrusted
to the management authorities in the field of the competence of the Minister of industry may, such
property in agreement with the Minister of finance and Minister of převésti to another
the powers of the Minister to him has taken measures in its own scope
the scope of, or it can přenechati municipal enterprises or for the
compensation determined in accordance with § 8 přenechati it to other legal persons.
§ 5
(1) national enterprise, which integrates the assets of nationalized
the undertaking shall enter on the day of taking over in its commitments. Incorporate-if the property
several national companies, shall designate the Minister of industry, to which
the commitments will enter the individual national companies.
(2) the Minister of industry shall, in agreement with the Minister of finance that the obligations
nationalized company pass the entrustment assets nationalized
business administration authorities in the field of its competence, and that the date of takeover
the asset.
(3) national enterprise, which integrates the property nationalized under section 4
paragraph. 3 (a). 4 (b). (b)), which had belonged to someone other than the owner of the
the undertaking shall enter into obligations arising from the rights of váznoucích on this
the property, to the extent and under the conditions which the Government Regulation. In
This regulation will also be modified to move such obligations, if the
assets entrusted to the management authorities in the field of competence of the Minister of industry
or under Section 4a of the powers transferred to another Minister or resale
municipal companies or other legal persons.
(4) the Minister of industry may, in agreement with the factually competent Minister and
Minister of finance to make the measures on the crossing of the obligations belonging to the
znárodněnému assets that have been transferred in accordance with Section 4a of the responsibility of another
the Minister, or left to the communal enterprise or other legal person.
(5) the obligations of the undertaking does not belong to the nationalized undertakings, pursuant to which the
the assets of the undertaking or its part of the cross after the date of the beginning of the effectiveness
This Decree on the third person. For the obligations of the nationalized undertaking
also not personal taxes, levies and charges the former owner;
such commitments do not cross with the property, which was incorporated into the national
the undertaking was given to the management or the authorities referred to in paragraph 2, or with which the
It was made or who was left under Section 4a, or cannot be
for them the uspokojiti of the assets of nationalized business. Personal taxes and
benefits means tax income, war, tax contribution rentová directly
levied by tax from property under Decree-Law No 410/1942 Sb.
property benefits under law No 134/1946 Coll., on a batch of securities
increment and batch of assets, and the extraordinary benefits under law No.
185/1946 Coll., on extraordinary one-time dose and the dose of the extraordinary
excessive additions to property, as amended by Act No. 180/1948 Coll. Way
payment of personal taxes and benefits provides for the Ministry of finance
the decree in the Official Gazette.
(6) for liabilities that are economically unjustified, figuring in it
obligations of the service contracts, guaranteeing employees a disproportionately high
salaries, provident benefits, surrender and under, can the national enterprise
domáhati revocation or other appropriate arrangements. If there is no agreement about it,
the arbitral tribunal shall decide according to the rules about issued. The provisions of sentences
the first and second also shall apply mutatis mutandis, with respect to the obligations that are switching to
entrustment of nationalized assets to the management of the authorities referred to in paragraph 2, or
that crossing referred to in paragraph 4.
(7) if the measure of nationalized assets confers to the Administration
authorities in the field of competence of the Minister of industry or another Minister
does not imply anything else is not liable for the obligations of the State nationalized the company nor
When it comes to adjusting the obligations pursuant to § 5a. ^ ^ *)
Section 5a
(1) if the assets of the undertaking on the date of the takeover of the nationalized overindebted, the
National Enterprise požádati Court to the above General asset prices
předluženého assets of the undertaking on the date of the takeover of the satisfaction of the modified commitments
belonging to this property and determine their maturity, přihlížeje to
the economic possibilities of the enterprise. This applies, mutatis mutandis, to
municipal enterprise or other legal person property
nationalized undertaking left under Section 4a.
(2) creditors are required to, at the invitation of the Court decree in the Official Gazette in the
the time limit laid down by the Court of přihlásiti their claims to control of the proposal referred to in
paragraph 1; If they do so, their claims against the national enterprise
cease to exist.
(3) the adjustment referred to in paragraph 1 shall be as follows:
and remain untouched) the obligations arising from the claims of creditors of the
the exclusion of things removed from the property, if such claims nezanikly
's;
(b)) remain intact whether or not commitments resulting from claims by creditors,
having a right to separate satisfaction of certain things, if you are covered
the value of this stuff;
(c)) other Payables, which in turn owned them [(b), (d))]
will not be fully covered by the difference between the general price of assets nationalized
the company and the value of the obligations under the provisions of subparagraph (a). and (b)))
will remain intact, will satisfy the fairly. For such commitments
consider also the obligations referred to under (a). (b)), if you are not covered
in the manner there specified;
(d) liabilities not covered), apply the provisions of subparagraph (a). (c)), shall be classified in accordance with
the order in four classes. To the first class belong to the costs of the proceedings, to the second to
the fourth class belong the commitments by unprecedented bankruptcy
belong to the first until third grade. Obligations of the same class have among themselves
the same order.
(4) If the obligations referred to in the order it will not be met them
adjustment in accordance with paragraph 3, are not against the national undertaking. Edit
the obligations referred to in paragraph 3 of the Act only against the national undertaking.
(5) a Law will be issued detailed rules on the jurisdiction of the Court, on the
proceedings referred to in the preceding paragraphs, about its effects on the limitation
claims, disputes, on the enforcement and bankruptcy proceedings and on the right to
separate satisfaction and how to find the claims of creditors.
§ 6
(1) national enterprise can odporovati legal acts performed
the owner of the nationalized undertaking after 29. August 1944, intend to poškoditi or
ztížiti nationalization of industry or drag your or foreign benefit
the assets of the undertaking.
(2) Odporovati can be within one year of the takeover. Otherwise applies
mutatis mutandis odpůrčího regulations, issued by the law of 27 July. March
1931, no. 64 Sb.
SECTION II
Replacement
section 7 of the
(1) for the nationalized assets, which, at the time the de facto end of the occupation and the
the Nazi or fascist regime undoubtedly belonged to just
or belongs to the persons referred to, does not provide a refund:
and the German Empire, Kingdom of) the Hungarian public law, persons under the
German or Hungarian law, the German Nazi party and
political parties of the Hungarian and other services, organisacím, businesses,
device, personal associations, funds and instrumental assets of these schemes
or souvisícím with them, as well as other German or Hungarian
legal persons,
(b) persons of German nationality) fysickým or Hungarian, with the exception of persons,
to demonstrate that they remain committed to the Czechoslovak Republic, never
neprovinily against the Czech and Slovak peoples and either činně
participated in the struggle for its liberation, or suffered under the Nazi or
the fascist terror,
(c)) and legal persons fysickým, which developed the activity against the State
the sovereignty, independence, integrity, Democratic-Republican
the State form, the security and defence of the Czechoslovak Republic, which the
such activities have encouraged or other persons svésti looked, intentionally
encourage in any way the Hungarian or German occupiers, or
that at a time of increased threats to the Republic (section 18 of the Decree of the President
Republic of 19 November 2002. in June 1945, no. 16 on the punishment of Nazi
criminals, traitors and their accomplices and extraordinary folk courts)
nadržovaly germanisaci or maďarisaci on the territory of the Czechoslovak
Republic or act hostile to the Czechoslovak Republic or to
the Czech or Slovak nation, as well as the fysickým or legal
persons that they condoned such activities for persons managing their
assets or undertaking.
(2) in the case of property nationalized under section 2, does not provide the refund is also
under the conditions referred to in the article. I, sect. 6, para. 2, Act 114/1948 Coll.
(3) if the refund is for the assets of a legal person,
dilute an aliquot part of the refund to persons interested in it capital, if the
they are subject to the provisions of paragraph 1 or 2, especially if they cannot be
přičítati activity and the behavior of the legal person concerned or neglect
reasonable care in the provision of its administration or in the surveillance and
If you do not act directly or indirectly in the interest of the persons covered by the
the provisions of paragraph 1 or 2; the visor on participation, which are
under the national administration, as were persons of a State would be reliable.
(4) a refund shall be granted for the nationalized assets, or for the participation on it,
which were due in the period after 29. September 1938 persons under under the provisions of the
paragraphs 1 or 2, or 3 and no longer belonged to them, but the absence of
refunds do not comply with the principles of decency.
(5) the Government may plays, that a certain person or certain categories of persons,
subject to the provisions of paragraphs 1 to 4, provides in part or
fully refund.
(6) whether the fysická or legal person falls under the provisions of the
paragraphs 1, 2 or 3, shall be decided by the Minister of finance in agreement with the factually
the competent Minister.
§ 8
(1) unless otherwise provided, or it is not about insolvency within the meaning of § 5a,
paragraph. 1, for the nationalized property.
(2) for the determination of the refund is determined the status of the nationalized assets of a company in
the day of the takeover of the national undertaking and commitment to him in this day of.
The refund shall be equal to the general price of assets, calculated in accordance with the official prices to
the date of nationalization, and if these prices, the official estimate, after
deduction of liabilities. The Minister of industry may, in agreement with the Minister of finance
to issue a directive for the establishment of a general price and valuation of liabilities for the calculation of the
refunds under this provision.
(3) in determining the compensation to be taken into account for the value of:
and) series of mineral wealth,
(b)) mine permissions according to the § § 22 and 41 of General Mining Act,
(c) the rights of the owners of the land under) § 1, the header as well, part VII of the temporary
Court rules from year 1861, in force in the Slovak Republic,
(d)) of the assets intended for social, educational, or similar purposes.
§ 9
(1) the compensation for the nationalized assets, provides:
and in the implementation of similar benefits) from the national insurance,
(b)) in the Securities Act (section 10 (2)),
(c)) in cash,
(d)) in other denominations.
(2) the grant of a refund under paragraph 1 (b). and), as well as the principles of
a refund in cash and other values, adjusted by the Government
by regulation.
(3) a legal person or a company can factually relevant Ministry
After the initiation of the procedure for compensation for the zrušiti. If so, designate
the liquidator, who shall declare the cancellation of the registration of the enterprise (business,
the company's register and take measures) prescribed for disposal
legal person or company.
(4) the provisions of paragraph 1 (b). ) and regulations issued for its implementation
in accordance with paragraph 2 can be reasonably used for the shares, which would refund
consisted of fysickým persons who due to their participating to the repealed law
a person or company, and even before the expiry of the time limit applicable for the
the distribution of the assets of a legal person or a company.
§ 10
(1) for the implementation of the replacement services establishes a Fund of the national economy
(hereinafter referred to as "the Fund") with its registered office in Prague, which is a separate legal entity
person.
(2) the grant of a refund pursuant to section 9 (2). 1 (a). (b) the Fund shall issue securities)
the papers, which will be zúrokovány and redeemed from the Fund. Their
the capitalisation and amortisation is guaranteed by the State; You can use them to save money
minors and opatrovanců. The capitalisation and amortisation securities adjusted
Government by regulation.
(3) in cases in which, according to § 7 compensation for nationalized property
does not provide, the amount equivalent to the Fund.
(4) Organization, administration and management of the Fund, the Government adjusts the regulation.
§ 11
(1) a refund and how to refund the Minister of Finance shall decide, in
agreement with the factually competent Minister.
(2) the Granting of performance under section 9 (2). 1 (a). and) persons entitled to
the refund or refunds which would accrue to the amounts referred to in section 9 (2). 4,
considered a substitute for paid up.
(3) the Minister of Finance shall establish, as has to be loaded with shares of stock
companies and persons involved in records of stock or
other companies and legal persons whose property was
nationalized.
(4) a refund under section 9 (2). 1 (a). b) to (d)) is splatna to six
months from receipt of the assessment of the compensation.
(5) for the management of the refund provisions of the administrative procedure.
SECTION III
The national businesses and their organisations
§ 12
(1) the elements of the property nationalized businesses, from property elements
acquired by the State the confiscation or other means, of the enterprises and establishments,
that belongs to the State, from the other assets of the State, as well as from the funds
The Fund will establish a nationalized economy, in agreement with the Minister of industry
Minister of finance, Slovakia also after hearing officials of industry and
trade and finance, national firms or their integration into the national
enterprises.
(2) the Minister of industry, on Slovakia after hearing the position of the industry and
trade, zříditi branch (secondary) race national enterprise.
(3) the establishment of a national company or branch (next) race
be published in the Official Gazette.
(4) the Minister of industry may, in agreement with the Minister of finance, Slovakia
also after hearing officials of industry and trade, and finance, vyjmouti of
national companies, individual property rights, and does not need to
national business strictly for its operation, and přenechati is in agreement
with the factually competent Minister for integration in enterprises, institutions or
the device, which is the responsibility of the Minister of zřizovati.
(5) the measures provided for in paragraph 1 shall, with respect to the proprietary nature of the
According to the Decree of the President of the Republic of konfiskovanou of 25 June. October 1945,
No. 108 on the confiscation of enemy property and Funds of the national
recovery, as well as regarding the estate, managed according to § 16
the law of 16 June. in May 1946, no. 128 on invalidity of some
related legal acts from the time of oppression and of the claims from this
invalidity and other interventions in asset vzcházejících, after hearing
the Office of the President of the osidlovacího.
(6) the scope of property elements, covered by the measures referred to in
paragraph 5 shall be determined by the Ministry of industry, in agreement with the authority and the osidlovacím
The Fund of national reconstruction, Slovakia also after hearing pověřenectva
industry and trade, mutatis mutandis under the rules on the allocation of konfiskovaného
the asset.
section 13
(1) National enterprises are owned by the State within the meaning of other provisions.
They are separate legal entities. Shall be subject to the provisions on the
the traders, with full rights in terms of tax legislation on enterprises
publicly using double-and are subject to attachment under the fees
the Bill, with its amendments and supplements. Since its establishment are subject to
poplatkovému equivalent in accordance with § 1, para. 2 (a). and the law of 8 November).
April 1938, no. 76 Coll. fee equivalent, however, on the
not subject to the provisions of section 8 and section 17, para. 1 of the same Act.
(2) Assets, which stand at the national enterprise converts, and commitments to
which the national undertaking, on its creation, or later, in the
the national enterprise will be appreciated according to the article. 29 and 31 of the commercial law
Slovakia pursuant to §§ 26 and 28 of the Act. article. XXXVII/1875. Net value
the estate, which the State on the national enterprise converts, forming its
the initial stem.
(3) the date on which the national holding assets attributable to him,
and according to § 12, para. 3.
§ 14
Undertakings and establishments subject to nationalization pursuant to section 4, paragraph 2(b). 5,
individually, however, does not fall under the provisions of § 1, para. 1, or section 4, para.
4 and not suitable for inclusion in a national enterprise, the Government may, on
the proposal of the Minister of industry, made after hearing the trustee
industry and trade, přenechati volumes of folk or společenstvům
výdělkovým and economic (cooperatives) or other legal persons under
compensation attributable to such property in accordance with section 8.
§ 15
(1) national enterprise is obliged to use the designation "in the company of the national
firm ", even though the former nationalized company takes over the business.
(2) other than the national firms may use the designation "national enterprise".
(3) if the national enterprise essentially one company
znárodněnému, may use the existing companies this venture without permission
otherwise required by the applicable law. If so, is the one who
the company has not yet due, shall be obliged to change it or add to it is clearly
different from the company's national enterprise.
section 16 of the
(1) national enterprise is written as an individual company in the register of the
the regional court in the executing authority in matters of business, in which
the perimeter of the undertaking has its registered office; If the Enterprise Branch (secondary) plant
Let there be also notified to the entry in the register at the regional court
the executing authority in matters of trade, in whose district the is this
race.
(2) in ohlášce to the entry in the register shall notify the national enterprise of the Court:
and the measures by which the data) the company was set up,
(b) the name and address of the undertaking),
(c)) business,
(d) undertaking and representation) way to znamenání his business.
(3) to the presented by ohlášce is připojiti a certified copy of the instrument issued by the
under section 12, paragraph 1(a). 1.
§ 17
(1) on the proposal for a national company writes library Court transition
proprietary and other rights of the nationalized undertaking or other incorporated
the estate to the appellant with reference to this Decree.
(2) the provisions of the preceding paragraph shall apply mutatis mutandis to the designation of the transition
rights of the nationalized undertaking or other incorporated the estate on
national enterprise in other official registers and lists (the book of water
the air index, patent, etc.).
(3) national enterprise does not need permission, which would otherwise have been required to
provozováni the activities under its business [section 16, paragraph 2,
(a). (c))] under the provisions of the commercial code (the Trade Licensing Act)
or other živnostensko legislation. Shall notify the national enterprise
the subject matter of your business Office (§ 145 w. l., and § 242 f. z.),
indicate in the special section of the trade register. Detailed provisions
, as well as to what extent national provisions apply to enterprises
Code (the Trade Licensing Act), as amended by the laws of the
changing and complementary, lays down the Government Regulation.
section 18
(1) National enterprises at kept the principles of commercial enterprise. State
is not liable for their obligations.
(2) the national businesses pay their surplus proceeds Fund nationalized
the economy.
§ 19
To the uniform management of national enterprises and business procurement
their common Affairs shall establish the Government on the proposal of the Minister of industry
According to the needs of national central authorities. In Slovakia, the Government shall establish the
the proposal of the Minister of industry, made after hearing the position of the industry and
trade, as well as regional authorities. About these bodies apply
mutatis mutandis the provisions of articles 12 to 18 and 20.
section 20
(1) the administration of the national enterprise Board and the responsibility of the Director, who
chaired by him. The scope of the Board of Directors, the Government adjusts the Regulation (section 33).
(2) the Director leads the Affairs of the normal operation of the enterprise. If it is not
the Board of Directors, if it is not able to usnášeti, or if the danger in
delay, is the responsibility of the Director, to take the necessary measures; about them is
obliged to report it to the Board at its next meeting.
(3) the Director shall perform the resolution of the Board of Directors. If, however, considered that
the resolution of the Board of Directors is to the detriment of the interests of the national enterprise, stop the
and shall submit a report immediately to the Board of Directors and the competent superiors
to the authorities.
(4) the Director shall represent the company externally.
(5) if the Director or if busy carries out its responsibilities
under the personal responsibility of the Deputy.
(6) the Board of Directors and the Managing Director of the company with due managerial diligence and
personally responsible for the fulfilment of its duties.
section 21
(1) the members of the Board of Directors (alternates) are representatives of the national enterprise
(a representative of) employees, elected from its midst, and the persons appointed by the
the central authority, the regional authority of the Slovak Republic, vyslechnuvším volumes
the people's administration and representative Government. Selection and appointment of members
the Board of Directors confirms the Minister of industry, on Slovakia after hearing
trustee of the industry and trade; the confirmation may be revoked at any time.
(2) members of the Board of Directors (alternate) of the Central and the regional authority
appointed and recalled by the Government on the proposal of the Minister of industry, made in the agreement
the participating Ministers after hearing the Central Council of trade unions and the relevant
organisací industry interest as regards the members of the Board of Directors
(alternates), regional authority, also after hearing the position of the industry and
trade.
(3) a member of the Board of Directors (alternate member) national company and the Central
and the regional authority may be the only Czechoslovak State citizen if
the Government will not allow an exception. Member of the Board of Directors must have the professional knowledge
and experience and must be morally, State and national, reliable and
preserved.
(4) member of the Board of Directors (alternate) of the national company and the Central
(regional) authority not to do profitable business whose business
is in conflict with the interests of the national enterprise and its central
(regional) authority. Also must not vykonávati another function or activity,
that are contrary to these interests.
(5) the members of the Board of Directors (alternates) national company promises
Central to the Director, the District Director of the Slovak Republic that will be
conscientiously perform their duties in accordance with the interests of the State. The members of the
the Board of Directors (alternates) Central (regional) Authority promises the same thing
the Minister of industry.
section 22
(1) the Director (Deputy) national enterprise appoints and replaces the
the approval of the Minister of industry, the Board of Directors of the central authority after
hearing of the Central Council of trade unions and the respective interest organisací
the industry. In Slovakia, the Director appoints and replaces the national enterprise
(Deputy) with the approval of the Minister of industry, who will hear the trustee
industry and trade, the regional authority of the Board of Directors, after hearing the
the competent authority of a single trade union organization of relevant interest
Organization of industry. The Declaration, which the Director (Deputy) of the national
the firm pays its function, notes the Central (regional) Director,
Thus the demise of function becomes effective. If they are at least in national enterprise
the three aides, one of them must be appointed from the ranks of its employees.
(2) the Regional Director (Deputy), appointed and recalled by the Government on a proposal from the
Minister of industry, made after hearing the representative of trade and industry,
the central competent authority of the Director and of the single trade union organisations.
Declaration of the Regional Director (Deputy) of the national enterprise
their function, takes note of the Minister of industry, after hearing the trustee
trade and industry, thus becoming an effective feature's demise.
(3) the Central Director (Deputy), appointed and recalled by the Government on a proposal from the
Minister of industry, made after hearing the Central Council of trade unions and the relevant
representative organisations of the industry. A declaration by the Central Director
(Deputy) pays their functions, takes note of the Minister of industry, thereby
the demise of the function becomes effective.
(4) the Director (Deputy) may be the only Czechoslovak State citizen,
that must have the professional knowledge and experience and to be morally, State and
nationally, a reliable and well preserved.
(5) the Director (Deputy) shall not vykonávati job, function, or other
the activity, which is contrary to the interests of the national enterprise, nor may
do any profitable undertaking, nor is it účastniti.
(6) the Director (Deputy) of the Central (regional) authority, as well as the Director of the
(Deputy) Minister of industry national company promises that it will scrupulously
perform their duties in accordance with the interests of the State. In Slovakia, the promise
the Director (Deputy) of the national enterprise the same appointees and industry
trade.
(7) the date of the promise takes the Director (Deputy) its function and becomes a
an employee of the Central (regional) authority or national enterprise;
his employment terminates on the date when it has been revoked or the date when the
speaking note of any function. If the extinction of the work
the ratio in the circumstances for which it would otherwise be working ratio zrušiti
prematurely, the incumbent Director (Deputy) perks at least, after
that would be due if he was working the ratio of employment notice.
(8) The appointment and dismissal of the Director (Deputy) shall not apply the provisions
about codecision racing Council employees in the classification of
employees on jobs, and on the prior consent of the District Office
protection work in arranging and termination of employment.
(9) the Government may by regulation upraviti a business, salary and working conditions
the Central and regional directors and their deputies, and the directors of the national
enterprises and their deputies.
(10) national enterprise reports its Director (Deputy) to write to the
business (corporate) register. The Director (Deputy) has to do your
the signature before the commercial court or poslati your signature in an authenticated form.
A firm is signed so that the printed or somebody written
the text of the undertaking company joins the Director (Deputy) your signature.
section 23
(1) the Minister of industry, in agreement with the Minister of finance, Slovakia also after
hearing, officials of industry and Commerce and of the Treasury, may from pecuniary
the essence of national enterprises or parts thereof zříditi new national
businesses, or začleniti material essence of a national company or its
part to another national undertaking.
(2) the national undertaking, which incorporates elements of other national
the undertaking shall enter on the day of taking over in its commitments. Incorporates-if
the essence of the property into several national companies, the Minister shall determine the
industry, Slovakia after hearing the representative of trade and industry, in the
which obligations will enter a single national enterprise, the case provides
in which the ratio of commitments to it.
(3) the Minister of industry, on Slovakia after hearing the position of the industry and
trade, establishes that obligations devolves on the national enterprise with parts
the estate of the national enterprise into a bundled.
(4) National company whose proprietary elements have been incorporated into one
or several national companies, will be lifted on the date on which the Minister of industry
be published in the Official Gazette.
(5) the provisions of the preceding paragraphs shall also apply for Central and regional
authorities.
section 24
(1) the Minister of industry, in agreement with the Minister of finance, Slovakia also after
hearing, officials of industry and Commerce and of the Treasury, the zříditi national
the firm of estate enterprises that belong to legal persons,
their capital participant are exclusively national undertakings or persons,
acting on orders from the national companies; such estate
can be incorporated into the national companies or the central or
regional authorities.
(2) national enterprise (the central or regional authority), to which the
incorporates the essence of the property of undertakings referred to in paragraph 1, shall enter
on the date of receipt in their commitments. Incorporates-if the proprietary nature of the
several national companies, shall designate the Minister of industry, in the Slovak Republic after
hearing of the representative of trade and industry, to which the commitment enters
a single national undertaking (Central or regional authority), after the case
lays down, in which the ratio of commitments to it.
(3) the provisions of the relevant legislation on the disposal does not apply if incorporated
the property nature of undertakings referred to in the preceding paragraphs to the
national companies; legal persons, which belonged to these undertakings, the
the Minister of industry, on Slovakia after hearing the representative of trade and industry
the decree in the Official Gazette.
§ 25
The abolition of national company (§ 23) or a legal person, which belonged to the
undertaking referred to in section 24, writes in the commercial court (the company's) register
on the proposal of the Ministry of industry.
section 26
(1) in addition to the cases referred to in § 23 repealed national enterprise Minister of industry
in agreement with the Minister of finance, Slovakia also after hearing officials
trade and industry and finance, with respect to the central authority of the Government on a proposal from the
Minister of industry, in the case of the regional authority of the Government on the proposal of the Minister of
the industry made after hearing the representative of trade and industry. Cancellation
the Minister of industry shall publish in the Official Gazette.
the title launched
section 27 of the
(1) if there is a cancellation of the national company, called central
the Board of Directors with the approval of the Minister of industry granted in the agreement with the
Minister of Finance of the liquidator; be repealed if a central authority, shall be appointed by
the liquidator's Minister of industry, be deleted if a regional authority, the Minister of
After hearing the trustee industry, industry and trade. The liquidator refers
Central Board of Directors with the approval of the Minister of industry, the liquidator
the central authority of the Minister of industry and regional authority, a liquidator
After hearing the position of the Minister of industry trade and industry.
(2) the Ministry of industry reported the appointment and revocation of the liquidator to
registration in the commercial register (corporate).
section 28
(1) the liquidator shall represent the essence of the likvidujícího enterprise.
Obmezení his powers does not have legal effect against third parties.
(2) the liquidator has to do his signature before the commercial court or administer
It certified the form.
(3) the liquidator of a company, means that the text of the existing company to somebody
written or printed connects your signature with Appendix "the liquidator".
section 29
(1) the liquidator runs the Affairs of the likvidujícího national company with care
the ordinary householder; unless otherwise specified, the rights and obligations of the
the national enterprise management.
(2) the liquidator of the person responsible for the performance of their duties.
section 30
(1) the liquidator terminates the normal stores of the national company, will meet his
commitments, selects its claims and cashing in his other property, if
otherwise it does not appoint the Minister of industry, in agreement with the Minister of finance, on the
Slovakia also after hearing officials of industry and trade and finance. To
their outstanding shops can the liquidator also uzavříti new
shops.
(2) the liquidator shall invite the lender the decree in the Official Gazette, make up 6
months subscribed to their claims. The amount of questionable or undocumented
Yet the claims lodged by the liquidator to the juvenile court.
(3) the winding-up of the abolished national company to divert surplus liquidator
nationalized economy into the Fund.
(4) after the end of the liquidation shall be transmitted to the books and the writings of the voided
the national enterprise Central, district authority, if the
the central or regional authority, the Ministry of industry.
(5) books and the writings of the defunct national company at stored on
safe place and kept for 10 years from the end of the liquidation.
the title launched
section 31
The Government may podříditi Central (district) authority and companies set up by the
under other legislation. If the Government does not adjust the regulation provides
the ratios of such enterprises apply them mutatis mutandis provisions, according to which the
These businesses were established.
§ 32
The Minister of industry may, vyjmouti national enterprise of his organisation by
in this section, and in agreement with the Minister to render the measures
According to the regulations, that this is the responsibility of the Minister set out to do. If the Government
the regulation does not adjust the different ratios of such national company, applies to
it, mutatis mutandis, the provisions of this section.
section 33
The Government will issue a regulation the detailed provisions of national and
the Central and regional authorities, in particular their management, management,
funding for the use of their profits, about the relationship of the employees of the undertaking,
check on the liability of the Director and the members of the Board of Directors and the
výzkumnictví of national enterprises and the scope of the Ministry of industry in
relation to national enterprises (Statute of the national companies).
§ 34
The Minister of industry, in Slovakia, in agreement with the trustee also for
trade and industry, as companies nationalized and on national undertakings and
provincial and central authorities and funds (section 26), as well as on výzkumnictví
their, and their activities and the management at any time with or
the designated authorities přezkoumávati. Adjusts the national status details
undertakings (section 23).
section 35
(1) the working and pay conditions of workers of State enterprises and
Central (regional) authorities is governed by the rules applicable to the
employees in private employment.
(2) If otherwise provided for in this Decree shall not be significantly exacerbated by
pay and conditions for employees and provident poživatelů zaopatřovacích
salary by nationalized enterprises, who were employed in them or have enjoyed
Provident salaries on the day of the takeover (article 13, para. 3).
(3) the Government adjusts the regulation of work and remuneration, as well as other
pensijní security staff to the acceptance of the undertaking (section 13,
paragraph. 3) it operated the service in pragmatikálním or regulated
the staff ratio.
section 36
Assets intended for social, educational, and similar purposes shall not be
withdrawn to its destination. The same is true of social, educational, and similar
funds; details about their organization adjusts to the status of national
enterprises.
SECTION IV
Transitional provisions
§ 37
(1) until it was nationalized business or property entrusted to or incorporated into
management, is the one to whom the undertaking or assets accruing for legal
persons and other associations or people, authority files is called the
zastupovati, obliged under the responsibility of the lead management and
issues with the thrift. The same is true about the Administrators provided for
According to the regulations about issued.
(2) the persons so far lead the management and Affairs of the nationalized
the undertakings referred to in paragraph 1, for the duration of this activity, the rights and obligations
the national enterprise management. Responsible for any damage caused by its
the fault; If it is responsible for the management and direction of the Affairs of several persons,
responsible for the damage caused by the hands of the joint and several.
(3) persons that are required to lead the interim administration and Affairs
referred to in paragraph 1, shall be entitled to equitable remuneration from the resources of the enterprise,
whose amount is determined by the Ministry of industry.
section 38
The rights and obligations arising out of the operation of a nationalized company until the day
the takeover of the property belongs to its essence.
section 39
cancelled
section 40
A legal hearing, the documents submission to entries in public books and
registers and official acts, necessary for the implementation of this Decree, are
be exempt from taxes, fees and charges. This exemption does not apply, however, when
the business activities of the nationalized undertaking (section 37 (1)) and the measures
made by the liquidator during the liquidation of a legal person or company
(section 9 (3)).
§ 40a
A legal hearing, the documents submission to entries in public books and
registers and official acts, necessary for the implementation of this Decree, are
be exempt from taxes, fees and charges. This does not apply to commercial activities,
transfers of assets or property rights of national companies to persons
other than the national firms and about common stores discontinuing
the liquidator.
§ 41
(1) Recoveries (pensions) obtained from the nationalized undertaking until the day
the takeover are part of the basis for the assessment of tax, pension, General and
special tax Ministry and tax rentové the last owner
nationalized undertaking before's.
(2) the Nationalized undertaking has in the field of sales tax and the price of the compensatory
the status of the taxpayer amounts of turnover tax to the date on which it was issued
measures of its takeover.
section 42
(1) the National Fund shall debit the renewal Fund nationalized holding amount
equal to the reimbursement for confiscated assets to the extent of their
pursuant to section 12 of the application, which shall be determined pursuant to the provisions of section 8, mutatis mutandis.
2.
(2) the Minister of industry may, in agreement with the Minister of finance naříditi to
national companies have transferred their nationalized economy fund bound
deposits.
(3) the Government shall determine how to balance of mutual claims between the Fund
the national recovery and the Fund properties nationalized economy.
THE SECTION IN THE
Criminal provisions
§ 43
cancelled
§ 44
cancelled
section 45
cancelled
section 46
cancelled
section 47
cancelled
SECTION VI
The effectiveness and implementation of the
section 48
This Decree shall take effect on the date of the notice; It shall carry out all
members of the Government.
Dr. Benes v.r.
Fierlinger v.r.
David v.r.
Kopecky v.r.
Gottwald v.r.
Laušman v.r.
Wide v.r.
Ďuriš v.r.
Dr. v.r. Šrámek
Dr. v.r. Pietor
Ursíny v.r.
Gen. Hasal v.r.
Masaryk v.r.
Hála v.r.
Gen. freedom v.r.
Dr. v.r. Šoltész
Dr. v.r. Ripka
Dr. v.r. Walk
Nosek v.r.
Majer v.r.
Dr. v.r. Šrobár
Dr. Clementis v.r.
Dr. Nejedly v.r.
Gen. Dr. Ferjenčík v.r.
Dr. v.r. Stransky
V.r. Lichner
*) In accordance with article. (IV) of paragraph 1. 2 of Act No. 106/1950 Coll., the effectiveness of the new wording of section
3, if it changes the ust. section 10 of Decree No. 100/1945 Coll., fixed
backward from 27.10.1945, i.e., from 1. the date of the effectiveness of the revised Decree
No 100/1945 Coll.
