92/1991 Coll.
LAW
of 26 March. February 1991
on the conditions of the transfer of assets to other persons
Change: 92/1992 Sb.
Change: 544/1992 Sb.
Change: 264/1992 Coll., 541/1992 Sb.
Change: 210/1993.
Change: 308/1993 Coll.
Change: 224/1994 Coll.
Modified: 27/2000 Sb.
Change: 220/2000 Sb.
Change: 179/2005 Sb.
Change: 227/2009 Sb.
Change: 428/2009 Coll., 503/2012 Sb.
The Federal Assembly of the Czech and Slovak Federal Republic
committed to this Act:
PART THE FIRST
The subject and scope of editing
§ 1
(1) this Act regulates the conditions for the transfer of property to the State for which they are
the right management of State-owned enterprises, State-owned banks and other State
Organization (hereinafter referred to as "the company"), as well as the terms of transfer of property
State participation in the undertaking of other legal persons, and on United or
a foreign legal or natural person (hereinafter referred to as "privatization").
(2) this Act shall apply mutatis mutandis to the assets of the foreign enterprises
trade and special purpose organizations of foreign trade as well as on their
equity on the other legal persons.
(3) the conditions for the transfer of property to the State established by this Act shall
not apply to assets that under constitutional or special laws
can only be owned by the State.
§ 2
Owned by the undertaking for the purposes of this Act, is a summary of things and financial
resources that the enterprise has the right management or that are in the
his ownership, as well as a summary of the rights, other assets and
the obligations of the business.
§ 3
The assets in which the issue may not be granted to a natural person referred to in
Special regulations, ^ 2) may be used under this Act only
If those demands were not applied within the specified period, or were
rejected.
§ 4
The property cannot be transferred under this Act even if the
designed or included the transfer of ownership on other legal or
natural persons in accordance with special regulations, ^ 3) until it is decided that the
According to these regulations, to the list of operating units intended for
transfer not included or have been excluded from this list. ^ 4)
PART TWO
The privatisation projects
§ 5
A decision on the privatization and privatization projects
(1) a selection of assets and equity investments, the State of the business
legal persons suitable for privatization shall be decided by the Government of the Czech Republic
(hereinafter referred to as "the Government").
(2) the transfer of assets under this Act shall be carried out in accordance with the decision of the
the privatisation of an undertaking or of part of it, or by decision of the
the privatization of State equity in the business of another legal entity
(hereinafter referred to as "decision on privatization"), issued on the basis of a proposal
the privatisation project.
Privatization project holding
§ 6
(1) the privatization project holding is a summary of economic, technical,
property, time, and other data that contains
and business and the definition of) the designation of property intended for privatisation by
This project (hereinafter referred to as "the privatized assets"),
(b)) details of how the privatized State assets acquired,
(c) the definition of the parts of the asset) of unusable for commercial purposes (eg.
bad debt, unfit and core resources),
d) valuation of privatisation
e) transmission of privatisation, including the settlement of claims
beneficiaries,
(f) the establishment of a company) in the determination of its legal form,
(g)) the establishment of joint-stock company the allocation of the shares, the
shares, or species, as well as information about whether and to what extent
the investment will be used coupons,
h) upon the sale of his way of pricing, payment and other
conditions,
I) transfer method of industrial or other intellectual property
projednaný with the industrial property office, if the rights are
the property of the company.
(2) the privatization project company may cover part of the undertaking or
the whole of the undertaking or assets of several businesses.
§ 6a
(1) for the enterprises, which were the proposals for privatization projects presented
After 29. February 1992, shall ensure the evaluation of the commitments the company founder
environmental protection endorsed by the Ministry of
environment. This evaluation shall transmit to the founder of the Ministry of Finance (hereinafter
' the Ministry ') before the decision on privatization.
(2) the assessment referred to in paragraph 1 shall include the
and in which) an assessment of an undertaking, where appropriate, shall observe the directions in which
cannot comply with the applicable legislation on the protection of the environment
with the quantification of the costs that will be necessary in order to comply with these
regulations,
(b) an overview of payments) of environmental pollution and for the use of
natural resources ^ 4a) and outline penalties for harming the environment
environment, imposed under the law on business environment and according to the
other specific provisions,
c) quantification of environmental damage caused by previous activities
business. ^ 4b)
§ 7
(1) for the privatization project proposal for undertaking corresponds to the
the founder, or founder (hereinafter referred to as "the founder"), which are
the company presented proposals for privatization project.
(2) the undertaking shall draw up a draft privatization project undertaking usually
the privatization refers to. Draw up a proposal for a privatization project
the founder of the company or person other than the company, the founder of the
draft opinion of the company.
(3) the founder of the company may save the privatisation proposal
the project of the company and to provide for a reasonable period to do so; Likewise, a
to the founders to do Ministry.
(4) the time limit for the submission of proposals of the privatization projects down
by the Ministry.
(5) it shall draw up a draft privatization project by someone other than the undertaking,
the company is obliged to immediately inform in writing the person on request
information according to § 6 paragraph 1. 1 (b). a) to (d)) and i), relating to the
of privatised assets. To fulfill this obligation the company corresponds to the
statutory authority. The data obtained can only be applied to the development of
the privatisation project. The person to whom the information is disclosed is
shall take all necessary measures to ensure that it could not get any other
person. The obligation to provide data only for the duration of the undertaking, when the time limit to
privatization project proposals on its property, after this
the time limit may, founder of the save the company the obligation to further co-operation in
the provision of data relating to privatization.
§ 8
(1) Founder shall examine all proposals submitted and privatization
projects and submit them to the Ministry with its opinion within the time limit
the Ministry specified.
(2) Founder shall submit proposals in accordance with paragraph 1 and privatization
the company projects that it is not recommended to take place on the grounds of their
the opinion.
§ 9
Privatization project equity State on business
(1) the Authority of the State administration of the Republic, who shall exercise the rights of the State for
the equity of the enterprise legal persons responsible for
preparing a draft privatization project of these holdings within
set by the Government, and submit them to the Ministry.
(2) the rights in the State privatization project to the enterprise (hereinafter
"the privatization project participation") contains a reasonably Essentials
privatization project holding.
(3) the draft privatization project participation usually draws up a
legal person to whom it relates. Apply, mutatis mutandis, the procedure set out in sections 7 and 8.
§ 10
A decision on the privatisation of
(1) a decision on the privatisation of direct sales outside the public competition or
public auction issued by the Government on the proposal of the Ministry. The decision on the
privatization in other matters, the Government can withhold.
(2) the decision on privatization not listed in paragraph 1 shall be issued
by the Ministry.
(3) on making a decision on privatization is not covered by the General provisions on the
administrative proceedings. This decision is not subject to review by the Court.
(4) the decision on privatisation is non-public and shall take into account
to all privatisation projects presented on the given property or
ownership interest in the business of another legal person within a specified period.
The decision on privatization must be in writing and must be delivered
the processor of the privatization project, which was this decision
selected for implementation. Processors of other privatization projects,
the decision must be notified in writing about how to
privatisation and that their decision on the privatization project
privatization for implementation has not been selected.
(5) the decision on privatization may also cover part of the assets of the solved
the design of the privatization project.
(6) the authority competent to decide on privatization may by decision of the
change the terms of the privatization, the extent and the way of privatization that is contained in the
the design of the privatization project.
(7) a decision on the privatization authority responsible for his release change
only in cases where, after a decision will come in addition to light
serious facts, which were not known at the time of the decision to
privatisation, and the original should be making a decision on the privatization of a substantial
effect.
(8) in accordance with paragraph 7 can proceed only to the transfer of the values of
assets to the Treasury Department. If the method of privatization of insert
privatised assets to a company, can be referred to in paragraph 7
do this until the transfer of the ownership interest of the State in this business
company to another person.
(9) the Government may, on the proposal of the Ministry waive or change the condition
established in decision on privatisation, which has already been carried out,
If the Ministry finds that this condition is for reasons that
the transferee of a privatisation did not, and the unsatisfiable or
the necessity of this condition subsequently fallen off.
section 10a
(1) a decision on the privatisation of the company contains
and) project identification,
(b)) mark approved methods of privatization,
(c) the book value of each asset) separately privatised
units corresponding to the privatizačnímu project that was this
decision intended to implement,
(d) in the case of the existence of the asset) unusable for business purposes
its book value after deduction of any revenues from the implementation of, and
the method of disposition of these assets,
(e)) where applicable, the fact that the transfer of privatisation is
associated emergence of a new commitment of the transferee, indicating its scope and
sanctions for its failure to perform,
f) where applicable, the fact that the privatisation or part of the project will be
implemented for State Government Land Office
g) where applicable, the fact that in the context of the privatisation of the project are
free of charge transferred multi-purpose warehouses and civil protection assets,
h) where applicable, the fact that the Ministry on behalf of the State shall conclude, on
the basis of the decision of the Government, with the purchaser agreement on cost recovery
incurred in the settlement of environmental liabilities incurred before the
privatisation,
and any other conditions of application) of the privatization project.
(2) a decision on the privatisation of direct sales in advance the intended transferee
contains in addition to the particulars referred to in paragraph 1
and the privatisation of the transferee) with reference to its identification
number of the person or social security number,
(b) the method of determining the purchase price); If the purchase price is fixed by agreement,
Enter an absolute amount,
c) payment terms, including their security.
(3) a decision on the privatisation of public competitions in addition to
the formalities referred to in paragraph 1
and a public competition and conditions) criteria for the assessment of their performance,
(b)) the definition of circuit competition.
(4) the decision on privatization by inserting the privatisation in
the trading company with subsequent privatization of its shares
or shares and a decision on the privatisation of equity State contains
In addition to requirements referred to in paragraph 1
and the way the privatization of shares) (shares), expressed as a percentage
the shares of the individual methods of privatisation shares (shares),
where appropriate, the percentages sold to individual purchasers,
(b))
(c) any change to the design) of the cast of the institutions trading company,
d) sale of shares (of a business share) at an agreed purchase price price
one share (of a business share) or the agreed total price.
(5) the annex to the decision on the privatization of the selected project
privatization for implementation is an inventory of the immovable property according to the data
the real estate United States. ^ 4 c)
(6) in a decision on privatization, approving the privatisation
project participation, can be saved, that the beneficiaries will be sold.
issued by property, on the issue of the entitlement according to the specific
legislation. ^ 2) this decision will ensure that Ministry in
the joint-stock company on behalf of the State shall exercise the rights
shareholders. ^ 4 d)
PART THREE
The use of privatisation
§ 11
(1) in accordance with the decision on the privatisation of the company founder cancels the
company without liquidation or cut part of the assets of the undertaking on the date specified
the Ministry.
(2) the date of cancellation of an undertaking or part of the assets of the undertaking on the date of the removal, converts
the founder of the defunct company's assets or a part thereof to the Ministry.
(3) prior to the cancellation of the undertaking or part of the assets of the undertaking on the date of exclusion shall dispose
business with the property unusable for commercial purposes [section 6 (1)
(a). (c) in accordance with decision)], privatization, if it is not based on
This decision, taken into account in the determination of the purchase price.
(4) the founder of the portion of the property not be booked off company formed by or with which the
associated rights of industrial or other intellectual property [§
6 (1). 1 (b). even)]. These rights and assets of the undertaking agreement on converts
acquirer of privatised assets.
(5) in accordance with the decision on the privatisation of equity in the
business, other legal persons transferred State administration authorities at the date of
specified in this decision, these equity investments to the Ministry.
§ 12
(1) the privatized assets do not form part of the national budget and can be
used only for the purposes laid down by the law.
(2) the privatized assets can be used in accordance with the decisions of the
privatization, in particular those methods of privatization
and to the establishment of the joint-stock) or other business of the company and to the ^ 5) loading
equity in these companies,
(b) the assets of the undertaking) for sale or a part thereof,
(c)) to transfer the privatisation on the village,
(d)) to transfer the privatisation for the purposes of sickness and
pension insurance.
(3) from privatisation can pay the beneficiaries according to the
the specific legislation. ^ 2)
(4) the privatisation can be used to carry out obligations of undertakings
intended for privatisation.
section 13 of the
cancelled
§ 14
(1) the privatization of assets is carried out on the basis of Sales Department
the contract concluded with the buyer or public auction; at public auction
proceed under special legislation. ^ 5b) selection of the auctioneer
carried out by the Ministry.
(2) the deposit of the share capital in the privatisation of a commercial
the company is advancing the Ministry in accordance with the specific provisions ^ 5)
and with the tolerances established by this Act.
§ 14a
cancelled
§ 15
(1) with the proprietary right to the privatizovanému of the assets are transferred to the
the acquirer and the other rights and obligations related to privatized
the property.
(2) transfer of receivables governed by different legislation referral
the claim under the specific legislation. ^ 7)
(3) cancelled
(4) the licensee shall without undue delay notify the creditors
taking on the obligation.
section 15a
(1) for a period of one year from the conclusion of the contract of sale of assets
privatised company or of the transfer of assets privatised undertaking
in the company since the inception of this trading company
the transferee of a business to the extent in which he was entitled to this
Enterprise. When you sell or deposit business folder of privatised
the enterprise passes by analogy to the licensee permission to do business in the range of
the activities of the organizational units.
(2) the provisions of paragraph 1 shall apply mutatis mutandis when the sale of the company or its
organizational folder in a public auction.
section 16 of the
Rights of industrial or other intellectual property rights are transferred to the
under a contract concluded between the purchaser and the enterprise.
§ 17
The rights and obligations of the enterprise of labor relations with employees
working in a company or in its organizational folder to which the
privatization is concerned, are transferred to the transferee. This does not apply in the case where
It is a way of settlement of the claim of authorized persons (§ 47).
section 18
If the privatized assets of the company and unless something else
the contract or the legal act which is inserted into the assets of an undertaking
the share capital of a commercial company, is transferred to the assignee the permissions
to use the trade name of the company, if it is not in conflict with the law
governing the use of the trade name. This transition does not prevent change
Appendix a trade name that indicates the legal form of the company.
§ 19
(1) the effective date of the contract or the deposit is the State on behalf of which it is
the Ministry is obliged to pass and the acquirer take over the things included in the
of privatised assets. Of receipt, shall draw up a record signed by both
parties.
(2) by passing the assets to the purchaser, the risk shall pass to the
matters.
(3) ownership of privatised assets shall pass to the
on the day stipulated by the transferee of the effectiveness of the contract or deposit real estate
the assets of the company on the date of formation of the company or in
public auction auctioneer hammer, except as modified
special provision. ^ 8) into the real estate cadastre is in these cases
is burning record. ^ 9)
(4) the rights of third parties to the property which is the subject of the sale or
the deposit under this Act, are not affected, with the exception of the provisions of § 45
paragraph. 7.
(5) If a dispute arises in the implementation of the decision on the privatization of the units of the
joint ownership, the transferee cannot apply to the State pre-emption
right under the specific legislation. ^ 10)
(6) if the assets privatised by public auction, apply to the transmission and
takeover of the things included in the privatisation, as well as for
the transition of receivables and Payables related to privatized property
special legislation. ^ 5b)
section 20
(1) the minutes of receipt (section 19 (1)) shall be absent and faulty
things. If the contract is not something else, for the missing shall be
things that were not passed to the purchaser, although according to the accounts have
be part of the line of the property. When assessing the irregularity of things
take account of their capacity to serve the operation of the undertaking and to the time of their
use in accordance with the accounting records.
(2) unless otherwise provided by special law ^ 5b) otherwise or unless the
the Treaty, something else, the purchaser is entitled to claim reasonable discount
for things that are included in the minutes of receipt if they are defective or have not been
released.
(3) unless otherwise provided by special law ^ 5b) otherwise, the purchaser may
make a claim for a rebate in respect of the commitments, which were transferred to him and were not
captured in the accounts.
section 21
When passing things and drafting the minutes of the takeover of the Act for the State
the person entitled to the date of cancellation of an undertaking or the exclusion of part of the assets
the Enterprise Act on behalf of the firm, unless the Ministry decides otherwise. For
This activity are the responsibility of the Ministry of these persons.
PART FOUR
The transfer of assets with the use of investment coupons
section 22
(1) the transfer of ownership interests to other persons can be made for
investment coupons (hereinafter referred to as "coupon").
(2) the coupon is for purposes of this Act in the name of security, which
entitles to the purchase of shares intended for sale for the coupons.
(3) the date of issue of the fixed coupon is the day which the coupon book
for the benefit of the owner of the registered within the time limit laid down by the Ministry of
finance for the numbered system of special sites (hereinafter referred to as
"place of registration"). Registration points shall be set up and their list
published by the Ministry of finance. Registration carried out outside this period,
If this Act or special regulation provides otherwise, it is invalid.
(4) in the case of temporary lack of coupon books will issue
the Ministry of Finance of the replacement registration card. To claim
According to § 24 para. 2 the time limit set by the Ministry of finance will replace
replacement card by signing up for the coupon book.
(5) upon registration of the coupon books, the citizen may be represented by physical
or legal person on the basis of a written power of attorney with the notarized
the signature of the principal.
(6) with the exception of the use of the coupon according to § 24 para. 3 (b). (c)) is a coupon
non-transferable and the rights associated with it are transferred only to the heirs. Coupon
You cannot amortize.
Article 23 of the
(1) the necessities coupon books are particularly
and) the name, social security number and place of residence of the citizen,
(b)) indicate the authority that issued the coupon,
(c) acquisition price)
d) period of validity,
e) release date.
(2) the Publisher of the coupons is the Ministry of finance.
(3) the net proceeds from the sale of coupons will be transferred to the Fund.
§ 23a
(1) the Coupons are valid for ten months from the date of their issue. This time limit
the Ministry of finance may be extended.
(2) the date of issue of the coupons down the Ministry of finance in agreement with the
the Ministry.
section 24
(1) the right to acquire the coupon every citizen of the United States with a permanent
the stay in its territory, that no later than the last day of the period
laid down by the Ministry of finance to register coupon books
complete the 18th year of his age.
(2) the overall range of the settled order shares for one owner
coupon and one of the privatisation wave is less than 1000 investment points.
(3) every owner of the coupon corresponding emissions shall be entitled to the use of investment
points in the relevant privatization wave
and any purchase of shares) on the joint-stock company, whose shareholder is
The Fund, put out for this purpose to the list of shares of public limited companies (section
24 c of paragraph 1. 2),
(b)) to obtain the participation of the investment funds, the ^ 10a) listed for this
the purpose of the Ministry of finance to the list, or to the acquisition of a share in the assets of
mutual funds ^ 10a) established for the privatization wave
investment companies ("mutual funds"), classified for
this purpose to the list of the Ministry of finance.
(4) ways to use investment points referred to in paragraph 3 may be applied
in parallel.
(5) in the manner referred to in paragraph 3 (b). (b)), you can use investment points
only in the time period before the start of the privatisation wave which lays down
the Ministry of finance in agreement with the Ministry (hereinafter referred to as "qualifying round").
(6) if the mutual funds referred to in paragraph 3 (b). (b)) be established as
funds open ^ 10a) participant may exercise the right to repurchase
share certificate at the earliest after expiry of one year from the transfer of shares
purchased for investment body empowered.
§ 24a
(1) preliminary round do not form part of the privatisation wave. It does not start,
until the published list of investment and mutual funds, which
It is possible to pass investment points to order stock for the coupons.
Qualifying round cannot end before the publication of the list referred to in section 24 c of paragraph 1. 2.
(2) the list pursuant to § 24 para. 3 (b). (c) the Ministry of Finance) writes
investment fund that provides evidence that it is registered in the commercial
the register. The mutual fund shall submit in addition to proof of registration of the investment
the company, which is set up in the commercial register, whether or not proof of
the identification number of the person provided by the administrator of the basic registry
people ^ 10b).
(3) the registration place and time to register an investment and
empowered the Ministry of Finance shall determine.
section 24b
The Ministry of finance is leading a central repository of coupons, performed on the
request a change to the registration place, specifies the workplace for ordering
of shares (hereinafter referred to as "the Department"), leads the central register of orders of shares
and specifies the amount of time that remains with the competent Registrar part coupon
the sheet on which the order is made the shares.
§ 24 c
(1) no later than at the start of the period defined by register
coupon books, the Ministry shall draw up and publish, for each
the privatization wave of the preliminary list of companies and participating interests of the State
intended for privatisation with the use of investment coupons.
(2) the Ministry of Finance shall publish the basic information about stock
the companies, whose shares are in the privatization wave
offered for investment coupons (hereinafter referred to as "stock list"). List of stocks
based on the list provided for in paragraph 1 and the Ministry of finance, it may
prior to publication appropriately adjust based on the actual
the number of registered coupon books or other serious reasons.
The Ministry of Finance shall publish a list of stocks before the start of the
the privatization wave. Update the list of shares from the supply perspective
the Ministry of Finance shall be published after the end of each round, the competent
the privatization wave.
(3) the information published shall have indicative character and cannot be
considered a draft of the contract according to the law.
§ 25
(1) the privatisation wave is a time period that determines the start and end
the Ministry of finance in agreement with the Ministry, and during which they can
owners of investment coupons claim a shares designed to
Sales for the coupons.
(2) the privatisation wave is divided into the privatisation of the round.
(3) the start and end of privatization of the wheels, stock, shares,
their publication, the beginning and end of the order the period of privatization
the wheels of the Ministry of Finance shall determine in agreement with the Ministry.
section 26
(1) the Ministry of Finance shall, in case of doubt,
and registration is carried out) valid and which of multiple registrations in the
favour of one owner is the first coupon
(b)) that the order or transfer of shares of investment points to an investment
or empowered carried out as prescribed by this Act, or
a special regulation.
(2) the Ministry of finance is authorized to reconcile the content of orders
the owners of the investment shares entitled the coupon, if the orders
the claim of the owner of the investment exceeded the coupon according to § 24 para. 2.
the Ministry of finance always prefers earlier order I have placed before you
order shares have been filed later. At the time of matching orders
shares, the Finance Ministry will decide on the validity of a specific order.
Section 26a
(1) investment funds for investment points taken away from the owner
investment buys shares of voucher with the fact that these shares, together with the
the other follows purchased shares will be used to increase the basic
the assets of an investment fund. Investment Fund will issue coupons to owners who
passed investment points, their shares in the total value of the corresponding
Thus the increased assets. Each of these owners is entitled to
the shares of the investment fund at their nominal value, which corresponds to the ratio
the number of points it passed investment to total investment
the points passed this Fund. The method of valuation of the shares purchased for
the Ministry of Finance shall determine the investment points separate.
(2) the transfer and acceptance of investment points between the owner of the coupon
and investment fund contract whose contents are mutual rights and
the obligations referred to in paragraph 1.
(3) mutual funds for investment points taken from owners of investment
coupons buy shares that are the common property of the owners of the coupons.
The method of valuation of the shares purchased for investment, the Ministry shall determine the points
finances separate. A mutual fund will issue coupons to owners who
passed investment points, units in the total nominal value of
corresponding to the value of the common assets. Each of the owners has
entitled to the units at their nominal value, which corresponds to the ratio
the number of points it passed investment to total investment
the points passed this Fund. The provisions of paragraph 2 shall apply mutatis
adequately.
(4) the Agreement on the transfer of securities ^ 10 c) is the transfer of investment
points to an investment or empowered manner laid down special
provision.
section 26b
(1) the Ministry of Finance shall determine on the basis of the results of the Central
reviews orders from orders placed within a single
the privatisation of the wheel can be and which satisfy to satisfy.
(2) all orders will be Met If the relevant shares
privatisation round aggregate demand for these shares will
their comprehensive menu.
(3) the Neuspokojeny will be in the privatisation bike order
of the shares, if the aggregate demand for these shares exceeded their
a comprehensive range of more than 25%.
(4) If in the corresponding round of the privatisation, the demand for stock summary
exceeded the aggregate offer, but not more than 25%,
the Ministry of finance may provide that the order applied
investment and mutual funds will be met partly, rather
the scale of the orders applied by individual investment and mutual fund
funds. Investment points corresponding to this reduction may investment or
mutual fund used in other privatization rounds.
(5) If you cannot order the shares to satisfy pursuant to paragraphs 2 and 4,
the Ministry of Finance provides that no such orders will not be
met, and these shares, unless it is the last round of privatization,
will offer again in the following round of privatization.
(6) investment points from orders of unmet in the relevant
privatisation round shall be considered as unused, unless it is the last
privatization round.
section 26 c
(1) in the last stage of each wheel of the privatisation Ministry of finance
ensure that the registration should complete information on the number of shares
in this round, the owners ordered the privatisation of investment coupons
registered for this registration space.
(2) in the last stage of each wheel of the privatisation Ministry of finance
shall publish, in the case of which shares could be order under this
wheels in the case of which hit the shares could not be met.
(3) depending on the evolution of supply and demand of individual shares
joint-stock companies or based on other facts may
the Ministry of finance in agreement with the Ministry to decide on their
the sale or reduction of the shares within the
the privatisation of the round. This decision shall be published by the Ministry of finance.
(4) the Ministry of Finance within one month of completion of the privatisation
waves in writing shall notify each owner of the investment that the coupon
orders placed during the whole privatisation waves were met.
At the same time notify in this report, the period within which and the manner in which they will be
the shares passed to it.
(5) the investment fund shall, within one month from delivery of shares under the
paragraph 4, notify the owners of investment coupons, who in
a play commissioned by ordering shares, the number and nominal value of their
the shares to which they are the owners of coupons entitled. At the same time notify them, in what
the time and manner in which they will be issued shares.
(6) the provisions of paragraph 5 shall apply mutatis mutandis to mutual funds.
(7) the Ministry of finance is entitled to reasonably follow
paragraph 4, it was in the course of the privatisation wave completed the sale of shares
each public limited company.
PART FIVE
The Federal National Property Fund
section 27 of the
cancelled
section 28
cancelled
section 29
cancelled
section 30
cancelled
section 31
cancelled
§ 32
cancelled
§ 33
cancelled
§ 34
cancelled
§ 35
cancelled
section 36
cancelled
§ 37
cancelled
§ 38
cancelled
§ 39
cancelled
section 40
cancelled
PART SIX
Specific, transitional and final provisions
§ 41
cancelled
§ 42
cancelled
§ 43
Provisions of this Act relating to the central authorities of the State
management concern, mutatis mutandis, the Czech National Bank.
§ 44
Valuation of the assets of the undertaking, contained in the privatisation project selected
the decision on privatization for implementation, replaced by the valuation of the goods
contribution to the capital of the stock company accompanied by expert
an estimated and required by the specific legislation. ^ 11)
§ 45
(1) State assets and equity of the State of the business
legal entities selected for privatisation, is treated only in accordance with
of this Act. If it has been presented in such property privatization
the project cannot be to him to establish a lien.
(2) to property and participation interests in the business of other legal entities
transferred under this Act does not apply the agreed priority right
purchase.
(3) undertakings may conclude a lease contract and other contracts on the use of
the assets referred to in section 1 of the other persons only for the period up to the date of cancellation
the company without liquidation or exclusion of part of the assets of an undertaking pursuant to § 11
paragraph. 1. should the above contracts were concluded for a period longer,
the right to use the assets on the date of cancellation of an undertaking without liquidation or the date of
exclusion of part of the assets of an undertaking; This does not apply in the case of a contract for the hire of
non-residential premises, on the conclusion of a right under a special
Regulation 13) and ^ contract on the lease of flats. To this day shall cease to exist and the right of
use the asset arising from agreements concluded before 28 February. February 1992.
(4) enterprises as pronajimatelé to enter into agreements to purchase the hired
things under the specific legislation. ^ 14) Law of the agreements concluded
before the effective date of this Act shall expire on the date of cancellation of an undertaking without
disposal or removal, of part of the assets of the business. The provisions of § 496 commercial
code cannot be used for these contracts.
§ 46
cancelled
§ 47
(1) in the case of the withdrawal of the right of ownership to property privatizovanému
or part of it occurred in the manner specified in § 2 paragraph 1. 3 of Act No. 87/1991
Coll. on extra-judicial rehabilitation, there is a person authorized by the
of the Act entitled the method of settlement determined by decision of the
privatisation on this property; of the approved method and extent of
the settlement is the authority competent to decide on privatization shall, without
undue delay after the issuance of the decision on privatization, notify in writing the
by an authorized person who has exercised his right under paragraph 2.
(2) a claim shall be entitled to apply for the authority responsible
According to § 10 para. 1 to approve the privatization project within six months
from the effective date of this Act, otherwise the claim shall cease; This authority
the authorized person shall inform at the same time, the thing to hold. The Fund is required to
deal is entitled under paragraph 1 not later than one year from the release of
the decision about the privatisation. For the duration of the judicial proceedings concerning a claim
under paragraph 1, this period is not running.
(3) The determination of the extent, mode of application and settlement of the claim under the
paragraphs 1 and 2 shall otherwise apply mutatis mutandis the provisions of law No. 87/1991
Coll. on out-of-court rehabilitation. If the beneficiary does not agree
with a valuation of its claim in a decision on privatization, or if its
the claim is denied, you may pursue your claim in court within 15 days
from the date when it was about how the settlement of my claim has been notified.
(4) If you cannot claim the eligible persons to settle a procedure referred to in
paragraphs 1 to 3, because the decision to privatize assets
referred to in paragraph 1 has not been issued before 31 December. in December 1994, the
on settlement of claim provisions of Act No. 87/1991 Coll. on extra-judicial
rehabilitation. These claims can be applied within 30. June 1995;
If the obligor fails to call for the release of things, the person entitled
claim with the Court within the time limit until 31 December 2006. December 1995.
(5) Similarly, as in paragraphs 1, 2, 3 and 4 will be restitution claims by
paragraph 1, settled in privatization projects of participation using §
Article 10A(1). 6.
Section 47a
In the event that the assets of odňatému in the manner specified in § 2 paragraph 1. 3 of the law
No. 87/1991 Coll. on extra-judicial rehabilitation, does not have the right management,
where appropriate, the ownership of legal person referred to in section 1 of this Act,
it applies to mitigate these property-related injustices Act No. 87/1991.
These claims can be applied within the period until 31 December 2006. July 1992; does not comply with the
party invitation to release stuff, the person entitled to exercise their
claims with the Court within the time limit until 31 December 2006. December 1992.
section 47b
(1) when disposing of the organizations referred to in paragraph 1 of the liquidator are cashing in assets
public auction. ^ 5b) in another manner can the liquidator to do just
with the consent of the Ministry.
(2) the choice of auctioneer is performed by the liquidator.
§ 47c
On the entry of the enterprise side, with the property, which was submitted to the
privatization project, into liquidation may decide only to founder
the consent of the Ministry.
§ 48
Shall be deleted:
1. section 28 of Act No. 108/1990 Coll., on the State of the enterprise,
2. legal actions no 364/1990 Coll. on the management of the property entrusted to the
the State of the business.
§ 49
This Act shall take effect on 1 January 2000. April 1991.
Selected provisions of the novel
Article IV of Act No. 220/2000 Sb.
Transitional provision
Things in State ownership, which according to § 57 para. 5 of Act No. 219/2000
Coll. on the assets of the United States and its representation in legal relations,
died on 1 July. January 2001 the law of management carried out by the Government so far
organizations for which the function was the founder and the competence of these
organizations set up, manage and cancel or modify the transmitted according to the specific
the legislation of the relevant municipal Council of the municipality shall be deemed to
assets according to § 1 (1). 1 of Act No. 92/1991 Coll., on conditions for the transfer of
owned by the State to other persons, as amended by Act No. 210/1993 Coll. and act
No 224/1994 Coll., provided that the assets selected as suitable for
privatization, organizational component of the State competent to run this
the property fulfils, mutatis mutandis, the obligations of the founder of the company, as appropriate, in accordance with
Act concerning the conditions of the transfer of State assets to other persons.
2) Eg. Law No. 403/1990 Coll. on the mitigation of certain
property-related injustices, as amended.
3) Law No 428/1990 Coll., on transfers of State ownership to some of the
things to other legal or natural persons, as amended by the Act No. 543/1990
SB.
4) Act No. 550/1990 Coll., on the scope of the authorities of the Czech Republic in
matters of State ownership transfers to certain things to other legal
or natural persons, as amended by Act No. 439/1991 Coll., Act No.
282/1992 Coll., Act No. 478/1992 Coll. and Act No. 171/1993 Coll.
4A) of section 31 of Act No. 17/1992 Coll., on the environment.
4B) Eg. § 8 para. 2 of law No 17/1992 Coll.
4 c) section 5 of the Act No. 344/1992 Coll., on the real estate of the Czech
Republic (cadastral law).
4 d) of section 187 of Act No. 513/1991 Coll., the commercial code, as amended by Act No.
264/1992 Coll. and Act No. 586/1992 Coll.
5) Act No. 513/1991 Coll., as amended.
5B) Law No. 26/2000 Coll., on public auctions.
5 d) § 5 para. 1 of the law No. 591/1992 Coll., on the securities in the
as amended.
7) Act No. 40/1964 Coll., the civil code, as amended
regulations.
8) § 8 para. 4 of law No 63/1991 Coll., on the protection of economic competition, in
amended by Act No. 495/1992 Sb.
9) Act No. 106/1990 Coll.
10) section 140 of the civil code.
10A) Act No. 248/1992 Coll., on investment companies and investment
funds, as amended by Act No. 586/1992 Coll.
10B) § 3 (1). 1 of the law No. 278/1992 Coll., on State statistics.
10B) Law No 111/2009 Coll., on basic registers.
10 c) § 13 and 19 of law No. 591/1992 Coll., of the Securities Act, as amended by
amended.
11) § 163 para. 1 (b). (e)) of the commercial code.
13) section 15 of law no 428/1990 Coll., as amended.
14) § 489-496 of the commercial code.
16) Act No. 171/1991 Coll., on the scope of the authorities of the Czech Republic in
matters of transfers of assets to other persons and the national property Fund
The Czech Republic, as amended.
