On Transfers Of State Ownership To Things On Other Legal Persons

Original Language Title: o převodech vlastnictví státu k věcem na jiné právnické osoby

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=38788&nr=427~2F1990~20Sb.&ft=txt

427/1990 Coll.



LAW



of 25 June 2002. October 1990



on transfers of State ownership to some of the things on the other legal or

natural persons



Change: 543/1990 Coll.



Change: 528/1990 Coll.



Change: 429/1991.



Change: 563/1991 Coll.



The Federal Assembly of the Czech and Slovak Federal Republic

committed to this Act:



PART THE FIRST



Basic provisions



§ 1



The law lays down the conditions under which the State ownership to some of the

things that should be on 1 January. November 1990 law State management

businesses, budgetary and contributory organizations and national committees (hereinafter referred to as

"the Organization"), converts to further specified by the physical or legal persons.



§ 2



(1) the subject of a transfer of ownership under this Act are movable and

real estate as the operational parts

organisations operating in the field of services, trade and non-agricultural

output constitutes or may constitute a file, which is a comprehensive economic

or equity unit (hereinafter referred to as "operational unit").



(2) the subject of a transfer of ownership may not be operating units, to

they have the right persons whose residence or seat is on

the territory of another State.



(3) the subject of a transfer of ownership can no longer be operating unit



and) covered by the law on the mitigation of certain property

grievances, and for the time it takes to qualify beneficiaries on their

Edition,



(b)) which were transferred from the ownership of natural persons and trading companies,

whose companions were exclusively private individuals to State ownership

According to regulations issued after 25. in 1948, or for other reasons after the

This date, until the estate claims these people are not adjusted

the specific provisions.



§ 3



The owners of the operating units, unless this Act provides otherwise, the

can become the natural persons who are nationals of the Czech and Slovak

Czechoslovak Federative Republic or were nationals of 25.

in 1948, and also legal entities whose participants or members

are these natural persons (hereinafter referred to as "the person").



PART TWO



Public auction of operating units



§ 4



(1) the Organization shall carry out the sale of the operating unit at a public auction.



(2) the public auction shall be organised by the competent authorities of the United States or

the competent authorities of the Slovak Republic (hereinafter referred to as "the competent authority

the Republic ").



(3) the competent authorities of the Republic shall establish and confirm lists operational

units that will be offered for sale. The lists must contain



and precise indication of the operating unit) using the



1. the name and the place where the operating unit is located,



2. the name and the seat of the organization that has the right to the asset management,



3. an inventory of land, buildings, machinery and equipment and other basic

resources,



(b)) starting price, stating the items of which it is composed



(c)) the place, date and time of the public sale,



(d) the method of composition) the place and the auction of a security,



e) conditions under which candidates will be allowed to tour operating

units,



(f) the amount of the loan provided to the Organization) for the acquisition of inventory for the

the operating unit and the conditions for granting a new loan.



(4) if not vydražovány as part of the operating unit the construction or

the land where the operating unit is located, it should be in the list also

indicate their exact designation, the person who is the owner, or

an organization that has the right to them.



(5) part of the list is an inventory of the stocks, according to an inventory carried out to

the date the copies of the list and their price.



(6) Lists of operating units must be posted for at least 30

days before the date of the public auction; manner of publication sets out the laws

national councils.



§ 5



(1) who wants to attend the public sale of the operating unit as the lead.

(hereinafter referred to as "participant of the auction"), must show the composition of the securities in the auction

of at least 10% of their asking price, but not less than 10 000 Czech Crowns.



(2) the auction shall be after deducting a fee for permission to participate in the

public auction the auctioneer and cleared the purchase price at which operating

sale of the unit. Other participants in the auction after its completion

compound security returns after deduction of the auction fee for permissions

to participate in the auction.



(3) a fee for permission to participate in the auction shall be 1000 Kčs.



(4) if the successful bidder Fails to time set the price at which operating

sale of the unit, the auction house, the security to the competent authority

of the Republic.



(5) the public auction may be present even if another person pays

admission.



§ 6



(1) a public auction conducted by the competent authority designated by the auctioneer

of the Republic.



(2) The proper conduct of the public sale is overseen by a representative of the competent authority

of the Republic.



(3) the auctioneer must not during the public sale of any of the participants

favour or restrict; the auctioneer himself or through a representative is

cannot apply for a property that is the subject of it by auction. It

also applies to persons in or near licitátorovi. ^ 1)



§ 7



The vydražovaný property also may not even through an agent

apply for persons who, in the execution of his duties, of the relevant auction

authority of the Republic. This is true even for people in or near them.



§ 8



The starting price is made up of the prices of land and buildings, established in accordance with

the valid price regulations, ^ 2) of the price of machinery, equipment and other

the basic means and of progressive consumption prices.



§ 9



(1) the auctioneer launches public auction notice operating unit

that is the subject of a public auction, the starting price (§ 8), and inventory cost

without a gradual power on the date item auction. Operating the unit

the participants of the auction until it makes a higher bid price. If over

the double invitation offered a higher price, the auctioneer shall notify once again

the last quote, determine the impact the operating unit for sale to whoever

the last offer made (hereinafter referred to as the "successful bidder").



(2) on the progress of the public sale of the Protocol shall be drawn up, which shall be signed by

the representative of the Organization, the representative of the competent authority of the Republic, the auctioneer and

the successful bidder.



(3) the purchase price consists of the price of purchased goods and from the inventory cost without

progressive consumption items. Status of stocks and the price on the day of receipt

an establishment may not be substantially different from the stocks and prices

the date of the auction.



§ 10



(1) unless the operating unit, with which the nedraží property

auction in the manner referred to in section 9, and when taking part in the auction

at least five people, the auctioneer reserve price decreases gradually, and it always

about 10% but not more than 50% of their asking price.



(2) If The operating unit together with the real estate, and if you fail to

This drive to auction in the manner referred to in section 9, the auctioneer auction

exits; in the same way the auctioneer auction ends, if you fail to

operating unit to auction in the manner referred to in paragraph 1.



§ 11



(1) ownership of the things vydraženým hammering auctioneer passes to the

the successful bidder, which shall, within 30 days from the date of the auction to pay the price

attained vydražením on the special account of the relevant authority of the Republic after

subtracting the balance of the auction of a security (§ 5 para. 2 and 3).



(2) if the successful bidder fails to pay within the prescribed period the price at which the thing

the transition of ownership of the auctioned, auctioned from the outset and

the auction house, the security falls to the competent authority of the Republic. This authority

the auctioneer may impose such costs in vain

auction or pay an additional fee of up to 30% of the initially auctioned

prices. The cost of the auction, and the proceeds from the vain a special fee is levied on

special account of the relevant authority of the Republic. The successful bidder, which in

the specified period does not pay the price at which the sale of the operating unit,

must not take part in the repeated auction this operating unit.



(3) in the absence of payment of the price within the time limit referred to in paragraph 1,

operating unit will be reintroduced to the first round of the auction.



(4) the price of the stock, the auctioneer will pay the organization within 30 days from the date of the auction.



§ 12



(1) the hammer passes to the successful bidder's use, as well as

the risk of accidental destruction or deterioration of the operating unit.



(2) for defects in the operating units sold in a public auction so far

the owner is not responding.



(3) if the successful bidder shall fulfil the condition pursuant to § 11 (1) 1, the competent

authority of the Republic of confirmation that he had been operating unit public

the auction was sold, and the date of the grant of the hammer became its owner.

If the operating unit consists of a property, the competent authority

States a copy of the said certified statement to the competent authority

Geodesy and cartography to perform the write to the register of real estate.



section 13 of the



(1) the competent authorities of the Republics shall establish lists of things that failed to

auction off pursuant to § 4 to 12, and decide which of them will be auctioned

again. Even when the repeated auction will proceed in accordance with § 4 to 12.



(2) If The same repeatedly operating unit, can become its

the owners not only to persons referred to in paragraph 3, as well as other individuals and

legal entities whose participants or members are exclusively physical

of the person.



(3) the repeated auction operating units referred to in § 10 (1). 1 may

auction starting price gradually, up to 80%


starting price. In the case of a repeated auction the operating units referred to in

§ 10 para. 2 the auctioneer can gradually decrease starting price, not more than

However, about 50% of their asking price.



§ 14



If the subject of the sale of an operating unit, which is located on the land,

to which it has the right to management of the Organization, which includes the operating

the unit, operating unit must be sold and with this land.



§ 15



(1) the successful bidder shall have the right to conclude a contract on the lease of non-residential

space, ^ 3) in which the operating unit is located. The right to use has

the successful bidder against the owner of, or against a person who has the right to management of

real estate, or his successor in title, for a period of five

years, unless otherwise agreed. ^ *)



(2) unless the successful bidder with the owner or with who has the right to

management of real estate, on the amount of rent, shall decide on the

particulars, the competent authority of the State administration of the Republic on the basis of generally

binding legislation.



section 16 of the



(1) in the case of the operating unit to be used on 1 January. October 1990 on the basis of

the contract of letting the premises temporary use, ^ 4) where appropriate, the

of the Treaty this treaty replacing ^ 5) held its sale without

public auction, if so requested by at least five days prior to the date of the auction

the person who referred to the contract concluded with the Organisation (hereinafter referred to as

the "user") If you use the relationship lasts.



(2) the purchase contract for the sale of the operating unit of the Organization shall conclude with the

by the user; at the same time settled mutual claims arising from the use of

establishment, or in connection with it.



(3) the purchase price shall be determined in accordance with § 8.



(4) If no within 60 days from the date of the announcement of the auction for the conclusion of the purchase

of the Treaty, the right of the user from the contracts referred to in paragraph 1 shall cease to exist, and

operating unit can be put up for auction. Other mutual claims of the user

and the Organization will remain unaffected.



(5) this sale to the buyer the same rights arise under section 15 as

the auctioneer.



PART THREE



Other obligations of the acquirer operating unit



§ 17



(1) Vydražená operating unit can be up to two years from the date of the auction

transferred only to persons referred to in section 3; If the operating unit

sold at auction, ownership can be repeated to her transfer to persons

referred to in § 13 para. 2.



(2) if the Organization completely before operating unit vydražením

or in part to the sale of basic food products, it is the successful bidder shall be obliged to

starting from the seventh working day after the auction in this sale continue, and

for at least one year, if the Municipal Council, this time limit

at his request, does not truncate.



(3) the provisions of paragraphs 1 and 2 shall also apply to a person operating

the unit has taken on the basis of the sales contract according to § 16.



section 18



(1) If a person fails to comply with the obligations referred to in § 17 paragraph 2. 2, the

the competent authority of the Republic save a fine in the amount of 2 000 Czech Crowns per

every working day of the failure to fulfil obligations.



(2) a fine may be imposed within one year of the breach of the obligation.



PART FOUR



Disposal of State-owned enterprises



§ 19



The founder of the State-owned company, whose operating units have been sold, according to

This law, will examine the rationale for the continued existence of the State enterprise.

If the founder of its cancellation, ^ 6) will carry out the liquidation in accordance with

special legislation; ^ 7) final proceeds from the liquidation will take on

special account. If the proceeds of the liquidation is not enough to satisfy all

the remaining claims will be met by the State through the

the competent authority of the Republic.



PART FIVE



Final provisions



section 20



(1) the net proceeds from the sale of the operating units referred to in this Act shall

diverts to a special account of the relevant authority of the Republic.



(2) the resources of the special account for two years cannot be used to

any purpose other than to satisfy claims and claims arising from

the implementation of this law.



section 21



(1) at the request of the competent authorities of the republics are workers organizations

and operating units are required to provide them with the required information,

the documents and evidence within 30 days from the request and allow them access to the

operating units.



(2) If an organization violates the obligations established by this Act,

the competent authority of the Republic of a fine organization stores. The method of payment and the amount of

penalties provided by law, the law of the Czech National Council and the Slovak National Council.



section 22



Labour relations of workers organizations are not by law

without prejudice to the.



Article 23 of the



(1) On transfers of ownership to property under this Act does not apply

Act No. 172/1950 Coll. on auctions outside the execution lawful measures

the Bureau of the Federal Assembly no 364/1990 Coll. on the management of

the property entrusted to the undertaking, and the Decree Federal Ministry of

Finance No 119/1988 Coll., on management of national assets.



(2) the prices of purchased things is not limited by the provisions of the price

legislation. ^ 2)



section 24



This Act shall not affect the effectiveness of legal measures no 364/1990 Coll.

on the management of the assets entrusted to the company.



§ 25



The Ministry of national property management and privatization of the Czech

the Republic and the Ministry of State property management and privatization

The Slovak Republic shall issue generally binding legal regulation, which adjusts the

the details of the auction, including admission to it.



section 26



cancelled



Section 26a



(1) State-owned enterprises, budgetary and contributory organisations, cooperatives and

municipalities can not from the effective date of this Act, until 31 December 2006. December 1993

^ 8) to terminate the contract on the lease of non-residential premises, ^ 9) that non-residential

the spaces in which they are operating units (§ 2 para. 1) are placed,

have yielded to the use of the organizations referred to in § 1 of this Act.



(2) if the State-owned enterprises, budget or contributory organization

cooperatives and municipalities have relinquished ^ 10) prior to the effective date of this Act,

the contract on the lease of non-residential premises, ^ 9) which have yielded commercial

the spaces in which they are operating units (§ 2 (1)) located in

the use of the organizations referred to in § 1 of this Act and if the notice

the deadline ^ 8) over to the effective date of this Act, these time limits shall end

on 31 December 2007. December 1993.



section 27 of the



This Act shall take effect on 1 January 2000. December 1990.



Havel v.r.



DUBČEK v.r.



Čalfa v.r.



1) section 116 of the civil code.



2) Decree, Ministry of finance, prices and wages of the Czech Socialist

No. 182/1988 Coll., on prices of buildings, land, permanent stands,

reimbursements for the establishment of personal rights and compensation for land use

temporary use of the land, as amended.



Decree of the Ministry of finance, prices and wages of the Slovak Socialist

No. 205/1988 Coll., on prices of buildings, land, permanent stands,

reimbursements for the establishment of a personal right of use of land and on compensation for

temporary use of the land, as amended.



3) section 3 of the Act No. 116/1990 Coll., on lease and sub-lease of non-residential premises.



4) part II of the Government Regulation No. 1/1988 Coll., on the sale of goods and

the provision of other services to citizens on the basis of the authorization of the National Committee.



Part II of the Government regulation of SSR No. 2/1988 Coll., on the sale of goods and the provision of

other services on the basis of the authorization of the national citizens Committee.



Article 15, paragraph 5). 1 of Act No. 116/1990 Coll.



6) section 26 of Act No. 108/1990 Coll., on the State of the business.



7) § 27a et seq.. the marketing code no. 109/1964 Coll., as amended by

amended.



section 251 of the labour code.



8) section 10 of Act No. 116/1990 Coll., on lease and sub-lease of non-residential premises.



9) § 3 of the law No 116/1990 Coll.



10) section 12 of Act No. 116/1990 Coll.



*) According to art. (II) Act. No 429/1991 Coll., on negotiation of the claim period of the lease on the

five years is not the successful bidder when the contract was concluded before the

1.11.1991.