301/1992 Sb.
LAW
The Czech National Council
of 5 April 2004. May 1992
of the Economic Chamber of the Czech Republic and agricultural Chamber of the Czech Republic
Change: 121/1993.
Change: 223/1994 Coll.
The Czech National Council decided on the following Act:
PART THE FIRST
INTRODUCTORY PROVISIONS
§ 1
The purpose of the law
The purpose of this Bill is to modify the establishment, the status and the scope of the
Economic Chamber of the Czech Republic and agricultural Chamber of the Czech Republic
(hereinafter referred to as the "Chamber").
§ 2
(1) to support business activities outside agriculture, food
and forestry, to promote and protect the interests and to ensure the needs of their
the members of the Chamber shall be established in the Czech Republic (hereinafter referred to as
"Chamber of Commerce").
(2) to support entrepreneurial activities in the agricultural, food and
forestry, to promote and protect the interests and to ensure the needs of their
Members hereby establishes the agrarian Chamber of the Czech Republic (hereinafter referred to as "the agrarian
Chamber ").
(3) the Chambers are associations of entrepreneurs (both legal entities and physical persons)
^ 1) received for their members.
(4) the Chamber are legal persons and shall be entered in the commercial
the register.
(5) the seat of the Chamber of Commerce is the capital city of Prague; the seat of the agrarian
the Chamber is Olomouc.
§ 3
(1) the Chamber of the district consists of the Chamber and in the capital city of Prague District Chamber of Commerce
(hereinafter referred to as "the district") and the Chamber of Commerce incorporated
trade communities and agrarian Chamber of incorporated agricultural,
Food and forestry communities ("communities").
(2) the district Chambers are legal entities and shall be entered in the commercial
the register.
(3) County Chamber of Commerce in the region may merge at the Regional Chamber of Commerce.
Regional Chamber can distribute on the County Chamber of Commerce.
(4) to the Regional Chamber of Commerce is subject to the provisions of this law on
with district Chambers.
(5) Interest and other associations formed on the basis of a special law ^ 2)
become communities on the basis of its own decision.
(6) the relationships of the ventricles to the district Chambers and společenstvům not
the law modifies the statutes of the Chambers.
§ 4
The scope of the Chamber
(1) the Chamber within its scope, in particular
and its members) to provide advisory and consulting services in matters of
associated with the business activity,
(b)) are issued by the observations in accordance with special regulations ^ 3) and support
the opinions,
(c)) shall organise educational activities and cooperate with the authorities of State administration
in the provision of the service, professional training of information and forms
retraining and in solving the problems of employment,
(d)) on the basis of prior consent of the members of the secure promotion and dissemination
information about their business activities,
e) shall ensure that the members of the Chambers they have worked professionally and business activity
in accordance with generally binding legal regulations,
f) continue and develop contacts with the Chambers of Commerce and similar institutions in
abroad and conclude agreements with them, spreads knowledge about the economic
conditions and legislation relating to trade relations with
foreign countries and in connection with it shall produce and circulate informative and
specialised publications,
g) issuing of facts important in legal relations,
that arise in international trade; These certificates have the nature
public documents,
h) establish and manage devices and institutions to support the development of business
and education,
I) shall cooperate with business federations and associations on the basis of agreements
concluded in accordance with the Statute of the Chambers
j) establish a permanent Conciliation Commission to prevent commercial disputes between
its members,
to carry out its own economic activity) to support the proper performance of
its tasks and in accordance with its mission,
l) in its scope are involved in professional training
and support school facilities established for this purpose,
m) shall keep a register of members of the Chambers.
(2) the Statute modifies the scope of district Chambers of Chambers and associations.
§ 5
(1) the members of the Chamber of Commerce can be legal entities and natural persons
they have their headquarters or domicile in the territory of the United States, operate
business activity ^ 1) with the exception of activities in agriculture,
Food and forestry sectors and are not professionally organised according to the different
the law.
(2) the members of the Chambers can be legal entities and natural persons
they have their headquarters or domicile in the territory of the United States, operate
business activity in the areas of agriculture, food and
forestry and are not professionally organised under another law.
(3) membership of entrepreneurs in the Chamber is voluntary. On the basis of a written
request of the entrepreneur decides on admission as a member of the Board of Directors of the district
Chamber or of the fellowship. The rights and obligations of a member of arise on the date of registration of the
to the members list.
(4) membership in the Chamber terminates on the date the deletion from the list of members of the Chambers
the basis of the
and permission to) business activities
(b)) death,
(c)) the demise of legal persons,
d) notice of withdrawal from the Chamber,
e) exclusion from the Chamber.
§ 6
The rights and obligations of a Member
(1) a member of the Chamber of Commerce and a member of the agrarian Chamber (hereinafter referred to as ' the
the Chamber ") has the right to
and) to vote and be elected to organs of the Chamber; for a legal person has the right to
to vote and to stand as a natural person who is the statutory body
or a natural person who is a member of its statutory authority,
(b) use the service provided by the Chamber of Commerce),
(c)) to refer to the conciliation commissions of the Chamber.
(2) a member of the Chamber of Commerce has an obligation to
and carry out business activities) professionally and in accordance with generally
binding legal regulations,
(b) to comply with the Statute, the rules of procedure) and the electoral regulations of the Chamber,
(c) pay fixed member) posts.
PART TWO
THE AUTHORITIES OF THE DISTRICT CHAMBER OF COMMERCE AND CHAMBER OF COMMERCE
§ 7
(1) County Chamber of Commerce has the following authorities:
a) Assembly of delegates,
(b) District Chamber of Commerce, Board of Directors)
(c)) the President and Vice-Presidents,
d) Supervisory Board District Chamber of Commerce.
(2) the Chamber shall have the following authorities:
and the Chamber composed of) the Convention of the General House of Commons and House of communities,
(b)) the Board Chamber,
(c)) the President and Vice-President,
(d)) the Supervisory Board of the Chamber.
(3) the term of authorities of the Chamber and District Chamber of Commerce is not more than three years.
If the Council decides otherwise, the Chamber is a feature in the bodies of the District Chamber of Commerce
and Chambers ' honorary functions. For her performance is the Chamber paid
compensation for loss of time and reimbursement of cash expenses.
(4) the rules of procedure of the election and District Chamber of Commerce and Chamber of Commerce adjusts the internal ratios
These bodies, in particular the length of the term of Office, the number of members elected
authorities and the method of their choice, the way the conduct of authorities and District Chamber of Commerce
Chamber.
(5) membership in the bodies of the District Chamber of Commerce and Chamber of Commerce is indispensable.
The authorities of the District Chamber of Commerce
§ 8
The Assembly of delegates
(1) the highest authority of the County Chamber of Commerce is the Assembly of delegates. It consists of
delegates elected the members of the Chamber, according to the electoral procedure district district
Chamber.
(2) the Assembly of delegates may validly adopt resolutions, if present
an absolute majority of all the delegates. Resolutions are to be
consent by an absolute majority of the delegates present. The voices of all delegates
are equal.
(3) the Assembly of delegates
and) elect and dismisses the Chairman, Vice Chairman, Board of Directors
County Chamber of Commerce, the Supervisory Board and the members of the Conciliation Commission of the District Chamber of Commerce,
If established; election of the President shall be held by secret ballot,
(b) Approves, amends and) repeals the Statute of District Chamber of Commerce, which must be in the
accordance with the Statute of the Chamber,
(c)) shall elect a representative to the Council Chamber from among the members of the District Chamber of Commerce,
(d) to approve the merge of the District Chamber of Commerce) with other provincial Chambers of Commerce,
where appropriate, the distribution of the Regional Chamber of Commerce,
(e)) sets out the main tasks of the County Chamber of Commerce,
f) approves the budget, the County Chamber of Commerce, its financial statements and report of the
the Board of Directors and the Supervisory Board of the County Chamber of Commerce about the activities and management,
g) approve the remuneration policies of the workers of the District Chamber of Commerce,
h) decide on the decision of the Board of the District Chamber of the suspended,
I) decides on appeals against decisions of non-acceptance as a member of the Chamber and
about his exclusion,
j) decides on other matters, the County Chamber of Commerce, whose decisions
reserved.
(4) the Assembly shall be convened by the Board of Directors delegates the District Chamber of at least
Once a year; is obliged to convene it always, if requested in writing
at least one third of all delegates to the District Chamber of Commerce, or the Supervisory Board
County Chamber of Commerce, and at the latest within two months.
§ 9
The Board of Directors of the District Chamber of Commerce
(1) the Board is the governing body of the district Chambers County Chamber of Commerce; for
its activity corresponds to the Assembly of delegates.
(2) Members of the Board of district Chambers are the President, Vice-Presidents
and other members.
(3) the Board of Directors of the District Chamber decides on all her
matters which by this Act, the Statute and rules of procedure of the District Chamber of Commerce
or resolution of the Assembly of delegates do not confer any other authority district
Chamber.
(4) the Board of Directors of the District Chamber of Commerce, in particular:
and prepares the documents for the hearing), the Assembly of delegates and ensures
performance of their resolution,
(b)) decides on admission to membership of the Chamber and to exclude,
(c)) decides on a suspended the decision of the President and the Vice-President,
(d)) is responsible for the management of the property of the County Chamber of Commerce,
e) appoints and dismisses the Director of the Office of the District Chamber of Commerce.
(5) the Board shall be convened by the President of the District Chamber of at least four times per
year. The district's Board of Directors Chamber decides by an absolute majority
the votes of all its members, if the status of the District Chamber of Commerce provides otherwise.
§ 10
The President of the County Chamber of Commerce
(1) the President shall represent the District Chamber and acts on its behalf.
(2) the Chairman shall convene meetings of the Board and manages the County Chamber of Commerce,
supervises the activities of the Office of the district Chambers and performs other activities,
which lays down the Statute, resolution of the Assembly of delegates or
the Board of Directors of the District Chamber of Commerce.
(3) at the time the absence of replacing the President authorized the Vice-Chairman
or other authorized member of the Board of Directors of the District Chamber of Commerce.
§ 11
The Supervisory Board of the District Chamber of Commerce
(1) the Supervisory Board is the supervisory body of the district Chambers County Chamber of Commerce;
in its activity corresponds to the Assembly of delegates.
(2) the Supervisory Board of the District Chamber of Commerce
and the management and activity) checks the District Chamber of Commerce to the extent
statute or by resolution of the Assembly of delegates,
(b) suspended enforcement of the decision) the President and Vice-Presidents, if they are in
contrary to the generally binding legal regulations, statute or other
the rules of the Chamber; the decision of the Board of Directors submits to the suspended
County Chamber of Commerce,
(c) suspending the execution of the decision of the Board), if it is in conflict with the
generally binding legal regulations, statute or other regulations
Chamber; suspended the decision of the Assembly of delegates shall be presented.
(3) the activities of the Supervisory Board, the County Chamber chaired by its President elected
by secret ballot of the members of the Supervisory Board of the County Chamber of Commerce.
(4) the membership of the Board of Trustees of the District Chamber of Commerce is incompatible with membership
the Board of Directors of the District Chamber of Commerce or Chamber of Commerce. A member of the Supervisory Board cannot
be the worker District Chamber of Commerce or Chamber of Commerce.
§ 12
The Office of the District Chamber of Commerce
(1) a management authority of the County Chamber of Commerce is the Office of the County Chamber of Commerce.
(2) the authority of the District of the Chamber are workers District Chamber of Commerce. The worker
District Chamber must not be an entrepreneur or participate in the business
other legal or natural persons shall not carry on business as a
a statutory body or a member of the statutory or other authority other
legal persons carrying out business activity.
(3) the Office of the District Chamber of Commerce
and) leads the Administration and ensuring the normal operation of the County Chamber of Commerce,
(b) preparing documents for the hearing) the authorities of the District Chamber of Commerce,
(c)) shall carry out other duties as directed by the Board of Directors of the District Chamber of Commerce.
(4) the Office of the District Chamber of Commerce manages and is responsible for its activities, the Board of Directors
County Chamber of Commerce Director, who is a worker.
The authorities of the Comoros
section 13 of the
Council Chambers
(1) the Convention is the supreme body of the Chamber. It consists of General
the Chamber of Deputies, comprising representatives of Chambers of Commerce and the Chamber of deputies of the district communities
composed of representatives of the communities. Each representative shall have one vote.
(2) Council Chamber
and) decide on the terms of reference and rules of procedure of the electoral Chamber of Commerce
and about the election and the rules of procedure of the district Chambers,
(b) sets out the main tasks of the Chamber),
c) elect and dismiss the President, Vice-Presidents, members of the Board of Directors
the Chamber, the Supervisory Board of the Chamber and members of the Conciliation Commission of the Chamber from among the members
the Chamber,
(d) the amount and method of) approve the payment of membership fees (hereinafter referred to as
"the contribution of procedure"), and shall decide on the granting of exemptions from payment,
e) approves the budget of the Chamber, the annual accounts and the report of the
Chamber Board of Directors and the Supervisory Board of the Chamber about the activities and management
the Chamber,
f) decide on the decision of the Board of the Chamber, suspended
g) approve the remuneration policies of the workers Chamber,
h) decides on other matters, which checks out.
(3) the Convention Chamber is able to validly adopt resolutions, if present
an absolute majority of representatives elected to the Chamber of Deputies and the General
by an absolute majority of the representatives elected to the House of Commons communities. To
the validity of the resolution must be approved by an absolute majority of the
present representatives elected to the House of Commons. The Chamber of Deputies vote
separately, unless otherwise provided by this Act.
(4) the President, Vice-Presidents, supervisory board and the members of the Conciliation Commission shall elect
both the Chamber of Deputies together. Members of the Board of Directors shall elect a Synod, so that each
the Chamber of Deputies elects half of the number of members of the Board.
(5) the election of the President is held secret choice. The Statute may provide for the
derogations from paragraph 3.
(6) if there is a nesouhlasnému the decision of the Chambers, the President shall convene an
Chamber conciliation meeting Chambers. The conciliation meeting procedure adjusts
the Statute of the Chamber.
(7) the Convention shall be convened by the Board of Directors of the Chamber the Chamber at least once a year.
The Board of Directors is obliged to convene the Parliament Chamber whenever the request's
in writing of at least one third of the County Chambers, communities or one
one-tenth of the representatives of the district or representatives of communities or chambers
the Supervisory Board of the Chamber, and at the latest within three months.
§ 14
The Board of Directors of the Chamber
(1) the Board of the Chamber is the governing body of the Chamber; for his activities
corresponds to the Bundestag Chamber.
(2) members of the Board of Directors of the Chamber are the President, Vice-Presidents and
the election of the members of the Assembly Chamber.
(3) the Board of Directors of the Chamber shall decide on all matters of the Chamber, which
This law, the statute or the rules of procedure of the Chamber or the resolution of the Bundestag Chamber
entrust to another body of the Chamber.
(4) the Board of Directors of the Chamber, in particular
and prepares the documents for the hearing) the Bundestag Chamber and ensures the exercise of its
the resolution,
(b)) is responsible for the management of the property of the Chamber,
(c)) decides on a suspended the decision of the President and Vice President,
d) appoints and removes the authority of the Secretary of the Chamber.
(5) the Board of Directors of the Chamber shall be convened by the President at least four times per year.
The Board of Directors of the Chamber shall decide by an absolute majority of its
the members of the Chamber Statute provides otherwise.
§ 15
The President of the Chamber of Commerce
(1) the President of the Chamber of Commerce represents the Chamber on the outside and acts on its behalf.
(2) the President of the Chamber shall convene the meetings of the Board and controls the Chamber,
supervises the activities of the Office of the Chamber and performs other activities, which
determine the status of the Chamber, the Bundestag resolution of the Chamber or of the Board of
Chamber.
(3) at the time of absence shall be represented by the President authorized
Vice President or other authorized member of the Board of the Chamber.
section 16 of the
The Supervisory Board of the Chamber
(1) the Supervisory Board is the supervisory body of the Chamber; for his activities
corresponds to the Bundestag Chamber.
(2) the Supervisory Board of the Chamber
and the management and activity) checks the Chamber within the scope of
the Statute of the Chamber or by resolution of the Assembly Chamber,
(b) suspended enforcement of the decision of the President), or the Vice President,
If they are in conflict with generally binding legal regulations, the statute or
other regulations of the Chamber; the suspended decision, shall submit
the Board of Directors of the Chamber,
(c) suspending the execution of the decision of the Board) of the Chamber, where they are in
contrary to the generally binding legal regulations, statute or other
the rules of the Chamber; the suspended decision shall submit to the Assembly Chamber.
(3) the activities of the Supervisory Board of the Chamber chaired by its President elected by secret
by a vote of the members of the Supervisory Board of the Chamber.
§ 17
The Office of the Chamber of Commerce
(1) a management authority of the Chamber is the Chamber of Commerce Office.
(2) the authority of the Chamber are workers of the Chamber, which is covered by the prohibition of
referred to in § 12 para. 2.
(3) the authority of the Chamber
and) leads the Administration and ensuring the normal operation of the Chamber,
(b) preparing documents for the hearing) Chamber's bodies,
(c)) shall carry out other duties as directed by the Board of Directors of the Chamber.
(4) the authority shall be governed by the Chamber and for its operations the Board of Directors of the Chamber matches
the Secretary, who is a member of the Chamber.
PART THREE
MANAGEMENT DISTRICT CHAMBER OF COMMERCE AND CHAMBER OF COMMERCE
section 18
(1) County Chamber of Commerce, Chamber of Commerce and the Fellowship individually manage their
asset.
(2) County Chamber of Commerce and Chamber of Commerce is running according to the annual budget.
(3) the Revenue of the district Chambers make up the specified portion of the membership fees,
subsidies, gifts and other income.
(4) income consists of the part of the designated Chamber membership fees, subsidies, donations and
other income.
(5) the Division of contributions among the Chamber, County Chambers and
the fellowship is determined by the annual budget of the Chamber.
PART FOUR
THE COURT OF ARBITRATION
§ 19
(1) at the Economic Chamber of the Czech Republic has been operating as a permanent arbitration
the Court of arbitration attached to the Economic Chamber of the Czech Republic and agricultural
Chamber of the Czech Republic as an independent body to arbitrate disputes
independent arbitrators under the provisions on arbitration.
(2) the head of the Permanent Court of arbitration (hereinafter referred to as "the Arbitration Court") is
the Bureau appointed by the představenstvy of both chambers for three years.
The President of the Arbitration Court has the right to participate in the meetings of the boards of
both chambers. The Bureau of the Court of arbitration is quorate,
If a majority of its members; by an absolute majority
a majority of the members present. The Bureau of the Court of arbitration consists of
President, Vice-Presidents and members of the. The Bureau shall elect a Chairman and a
the Vice-President, acting on behalf of the Arbitration Court.
(3) the Arbitration Tribunal shall decide property disputes under the special law. ^ 5)
(4) the method of management and decision making, the method of appointment of arbitrators, their
the number, of the organisation of the Tribunal, the schedule of fees
arbitrators rule on costs and other issues related to
the activities of the arbitral tribunal and its economic provision modifies the
The Statute and Regulations of the arbitral tribunal.
PART FIVE
COMMON, TRANSITIONAL AND FINAL PROVISIONS
section 20
Supervision
(1) the Board shall submit to the Government of the United States Chamber of Commerce (hereinafter referred to as
"the Government") within 15 days after the approval of the Assembly of the Statute, the rules, the electoral and
contribution of the order of the Chamber.
(2) the Government shall decide within 30 days from the submission of the Statute, the rules of procedure,
the electoral and the contribution of the order of the Chamber of their certificate; does not acknowledge is
If they are in conflict with generally binding legal regulations or, if the
accepted in contravention of this Act. If the Chamber fails to remedy within 45
days from the decision of the Government, the Government shall submit the case to the decision of the Czech national
to the Council.
section 21
cancelled
section 22
(1) the Government within 60 days of the effectiveness of this law shall be appointed by
question, the preparatory committees for each of the Chambers (hereinafter referred to as
"the Committee"). In doing so, shall ensure the representation of different business activities.
Proposals on the composition of the Committee may be made by the Government members of the Chamber within 15 days from the
the effectiveness of this Act.
(2) the Committee shall act on behalf of the Chamber until the creation of the institutions referred to in section 7 of the
of this Act. The Committee shall elect a Chairperson by secret ballot, which controls its
activity.
(3) the Committee shall be authorized to develop only the activities leading to the establishment of the institutions
referred to in § 7 of this Act.
Article 23 of the
(1) the Committee shall ensure that the choice of delegates district chambers from the members of the district
Chambers, no later than 6 months from the effectiveness of this Act. The holding of elections
shall notify the public announcement by appropriate means. Options details
Adjusts the provisional electoral regulations issued by the Committee.
(2) the Committee shall convene a constituent Assembly of delegates district Chambers
not later than seven months from the effectiveness of this Act and shall submit them to the proposal
the provisional Statute of the provisional rules of procedure and the provisional
the electoral procedure District Chamber so that the delegates of the constituent
the Assembly received at least 15 days in advance.
(3) For the constituent Assembly delegates § 8 para. 2 of this
the law.
(4) if the constituent Assembly delegates a quorum, shall convene the
the Committee of the constituent Assembly of delegates the spare so that held to the
three weeks from the date on which it was held the constituent Assembly of delegates
originally convened. Replacement of the constituent Assembly of delegates is able to
quorum regardless of the number of delegates present.
section 24
(1) the constituent Assembly of delegates shall elect by secret ballot the representative to
General House of Commons Chamber. The number of members of the Chamber, which represents a
the representative shall be determined by the Committee to the House of Commons Chamber in General should at least
150 members, and that each district had in the General Assembly Chamber of the Chamber
at least one representative.
(2) Each body within a period of 7 months from the effectiveness of this law
chooses one representative to the House of Commons communities.
(3) the Committee shall convene the Council Chamber no later than 9 months from the effective date
of this Act and shall submit proposals to the Statute, parliamentary representatives, of the rules of
and the contribution of the order of the Chamber and the design of the electoral and the rules of procedure
the district chambers so that the elected representatives in the Bundestag Chamber received these
the proposals no later than 15 days before the start of the Bundestag Chamber.
§ 25
This Act shall take effect on 1 January 2000. July 1992, with the exception of
the provisions of the agricultural Chamber, which will become effective on 1 January 2004. January
1993.
113. in r.
Pithart in r.
Selected provisions of the novel
Article. (II) Act No. 118/1993.
Transitional provision
Membership of the Economic Chamber of the Czech Republic, that the persons referred to in
§ 5 para. the Czech National Council Act No. 301/1992 Coll., on economic
Chamber of the Czech Republic and agricultural Chamber of the Czech Republic, was founded on the day
on July 1, 1992, shall lapse on the expiry of three months from the date of entry into force of
This law, if these persons to this date has not notified the Board of Directors
the District Chamber of Commerce to remain members of the Chamber.
1) § 2 (2). 2 (a). a), b), (d)) of the commercial code.
2) Eg. section 69 of Act No. 455/1991 Coll., on trades
(Trade Act), Act No. 83/1990 Coll. on Association of citizens in
as amended, section 20f et seq.. Act No. 40/1964 Coll.,
the civil code, as amended.
§ 8 paragraph (3)). 4, § 28 para. 2, § 52 para. 3 of Act No. 455/1991 Coll.
5) Act No. 216/1994, Coll., on arbitration proceedings and enforcement of arbitral
the findings.