On The State Housing Development Fund

Original Language Title: o Státním fondu rozvoje bydlení

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=49507&nr=211~2F2000~20Sb.&ft=txt

211/2000 Coll.



LAW



of 21 June 1999. June 2000



on the State Housing Development Fund and amending Act No. 171/1991 Coll., on the

the scope of the authorities of the Czech Republic in matters relating to transfers of property to the State of the

other persons, and the national property Fund of the Czech Republic, as amended by

amended



Change: 391/2002 Sb.



Change: 482/2004 Sb.



Change: 61/2005 Sb.



Change: 179/2005 Sb.



Change: 71/2010 Sb.



Change: 239/2009 Sb.



Change: 276/2009 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



THE STATE HOUSING DEVELOPMENT FUND



§ 1



Basic provisions



(1) there is hereby established the State housing development fund headquartered in Prague (hereinafter referred to as

The "Fund"). The purpose of the Fund and its mission is to promote the development of public

living in the Czech Republic in accordance with the concept of housing policies

approved by the Government of the Czech Republic and the sustainable development of communities, cities and

the regions in accordance with the public interest.



(2) the Fund is a legal person under the jurisdiction of the Ministry for regional

Development (hereinafter referred to as "the Ministry").



(3) the Fund manages the property of the State-owned ^ 7), with its own

the property and assets of other persons.



(4) own the property Fund shall take



and the specified property from) with the adoption of the State or other persons,



(b)) from its own activities.



(5) the Fund may be the founder or the founder of the legal entities and may

they acquire the shareholding.



(6) the resources of the Fund to support the sustainable development of communities, cities and towns

and the regions, the Fund may convert to urban development funds in accordance with the directly

the applicable provisions of the European Union ^ 8).



(7) the Fund may acquire securities, in particular pursuant to the Act on collective

investing.



§ 2



Income Fund



(1) the income of the Fund shall consist



and subsidies from the State budget),



(b) income from bonds issued),



c) yields on bonds and mortgage bonds purchased in

accordance with this Act,



d) installment of loans including accessories,



e) interest on deposits, penalties, claims and other payments received in

connection with the use of Fund resources,



f) income from public collections organized by the Fund, donations and legacies in

to the Fund,



g) resources from the structural funds of the European communities,



h) received loans and credits,



even tranche of loans granted to) the funds of the municipalities to repair, modernisation and

the extension of the housing stock and urban development funds,



j) other income, if provided for by a special law.



(2) bonds issued to guarantee the income of the Fund are issued by

special legislation. ^ 1)



(3) Subsidies from the State budget is provided by the Fund at least annually

in the amount of actual expenditure approved budget of the Fund for the

the provision of non-repayable subsidies.



§ 3



The use of the resources of the Fund



(1) the financial resources of the State with which the Fund is running, you can use the

only on the territory of the Czech Republic



and) to cover part of the costs associated with the construction, acquisition, repair and

modernizations of apartments, apartment and family houses in the form of a loan,



(b)) to cover part of the interest on loans granted by the banks or branches

foreign natural and legal persons to the acquisition, construction,

repair and modernization of housing, the apartment and family houses,



(c)) to cover part of the costs associated with the construction, acquisition, repair

or modernizations of apartments, apartment and family houses in the form of grants,



(d)) to liability for part of the outstanding principal of the loans granted by banks or

foreign bank branches to natural and legal persons



1. for the construction, acquisition, repair and modernisation of flats, residential and

family houses,



2. the construction of the infrastructure of the municipalities for housing construction,



(e)) to cover part of the costs associated with purchasing or acquisition of land or

their respective parts, that are bought or acquired jointly

with material purchased flats, housing or family houses in the form of a loan or

in the form of cover part of the interest on the loan,



(f)) to cover part of the remuneration in the form of a loan for the acquisition of rights and

duties in the team, or for the acquisition of shares in a legal entity,

If a party becomes the tenant, or if you have other right

the use of an apartment in the apartment building or House in the ownership of a legal

persons who acquire membership rights and obligations or the acquisition

refers to,



(g)) to cover part of the costs associated with the acquisition of the equipment of the apartment form

the loan,



(h)) to fund projects in order to achieve public policy objectives in

housing and development of communities, cities and regions.



(2) the financial resources of the State with which the Fund is running, you can further

use



and) to buy mortgage bonds,



(b)) to buy bonds, the issuer is the Czech National Bank,



(c)) to buy government bonds,



(d)) to cover liabilities arising from liability referred to in paragraph 1 (b). (d)),



(e)) to be paid of issued bonds,



(f)) to cover the costs associated with the Administration and activities of the Fund,



(g)) to cover the costs associated with providing the resources referred to in paragraph

1,



(h)) to cover the costs associated with the support of information and consulting

activities in the area of housing,



I) for the purchase of bonds issued by Member States of the European Union or

in other States that make up the European economic area Member States

The Organization for economic cooperation and development, securities and

bonds issued by the central banks of those States and bonds

issued by the European Investment Bank.



(3) the own funds of the Fund and the resources of other persons with whom the Fund

they can be used in accordance with their intended use and purpose of the Fund.



(4) activities related to the functions of the Fund referred to in paragraph 1 (b). a), b), (d)), and

(h)), the Fund may be entrusted to another legal person on the basis of a tender

the declared under special legislation. ^ 2)



(5) the Fund concluded with the beneficiaries of the Fund's resources Treaty

provision of funds referred to in paragraph 1.



(6) in relation to the provision of resources of the Fund referred to in paragraph 1 the Fund

requests from natural or legal persons applying for a grant

the Fund, the provision of information and documents necessary to

assessment of their ability to efficiently use the financial resources to

purpose for which it is to be provided.



(7) in the management of the Fund, the assets of the Fund may not decrease below 6 billion

CZK. The balances of resources of the Fund shall be transferred at the end of the calendar year

in the following calendar year.



(8) The provision of funds from the Fund is not a legal right.



section 3a



Creation and use of resources of the Fund for cultural and social needs of the



The Fund can create cultural and social needs Fund, on whose work

and the management of resources, the provisions of the special legal

prescription ^ 2b) by analogy.



§ 4



(1) the use of the resources of the Fund in accordance with the approved budget of the Fund

the Fund authorities shall decide.



(2) the details of the activities of the Fund, the relations between the authorities and the

the internal organization of the Fund, which shall determine the rules on a proposal from the Minister for

regional development (hereinafter referred to as "the Minister") approved by the Government.



(3) in assessing the needs of local and regional investment aid to

housing authorities shall cooperate with the Fund, the self-regulatory bodies of municipalities and regions.



(4) the funds granted by the Fund shall be returned back to the pool,

have not been used in accordance with the purpose for which it was supplied, or

passed to the reason for their provision.



§ 5



The budget and the accounts of the Fund



(1) the Fund shall draw up, for each calendar year of the draft budget, which

the Government shall submit to the Minister by March 31. of August. The Government shall submit the proposal

the budget of the Fund, after any changes that it performs, along with

the draft of the State budget in the same year for the approval of the

the Chamber of Deputies. The Fund in its draft budget establishes your total expenditure as a

the amount that he announced the chapter as administrator of the Special

^ 2a) Act.



(2) if the deputies of the Parliament approved the budget of the Fund for the

the calendar year prior to the first day of this calendar year,

It is governed by its budgetary management in time from the first day of this

the calendar year to the approval of the budget for this year by the volume and breakdown of

the revenue and expenditure of the budget of the Fund in the previous year. Expenditure in this period

are released in each item in the budget of the Fund at the rate of one

twelfths of the total annual amounts in each month of the period.



(3) after the end of the calendar year, shall draw up the balance sheet Fund

the financial statements, together with the annual report on the activities of the Fund

submit to the Government Minister and the Government is presented to the 31. March regular

calendar year for approval by the Chamber of deputies of the Parliament. Accounting

the accounts of the Fund prepared to balance sheet date must be before the

the presentation of a government auditor.



(4) the Fund shall keep records in accordance with the Act on accounting.



(5) the Fund leads in its accounts separately the costs associated with the administration of the

The Fund and in the compensation of members of the Committee itself and of the Supervisory Board of the Fund.

Are these expenses as separate items listed within the

the Fund's budget for the year concerned.



(6) in case of urgent need, the Committee for public administration,

regional development and the environment, the Chamber of Deputies on the draft

Minister to consider and adopt the necessary movements between

items of the budget of the Fund during the calendar year.




§ 6



Bodies Of The Fund



(1) the authorities of the Fund the Fund Committee (hereinafter referred to as "the Committee"), the Supervisory Board

Fund (hereinafter referred to as "Supervisory Board") and the Director of the Fund (hereinafter referred to as "the Director").



(2) the Committee has 7 members. The Chairman of the Committee is the Minister. Vice-Chairman and

the other 5 members of the Committee appointed and recalled by the Government on the proposal of the Minister.

Their term of Office is four years. The Committee is composed of representatives of the

Ministry for regional development, Ministry of finance, Ministry of

industry and trade, and the remaining members of the Committee are independent

experts. A Committee member may be removed



and if) violated seriously the obligations arising out of its functions,



(b)) if convicted for an intentional criminal offence,



(c)) If no reason on their side to exercise his functions for a period longer

six months,



(d)) in other justified cases.



(3) the Chairman of the Committee, the activities of the Committee. Meetings of the Committee shall be governed by

the rules of procedure, approved by the Committee by resolution.



(4) the Committee shall deal with matters that are the subject of the activities of the Fund, and

shall submit to the Minister



and the Fund's budget proposal,)



(b) the financial statements of the Fund), drawn up by the balance sheet date and the annual report on

the activities of the Fund in respect of the calendar year,



(c) of the Statute of the Fund and) proposal for draft amendments to this Statute.



(5) the Director is a statutory body of the Fund and its employee. The Director of the

is appointed by the Minister. In particular, Director



and implement the decisions and other) measures approved and discussed by the Committee,



(b) the activities of the Fund and) controls the work of employees of the Fund.



(6) the Supervisory Board is the supervisory body of the Fund. The supervisory board controls

activity and management of the Fund and its bodies and approves the financial statements

The Fund. The Supervisory Board has five members. Members of the Supervisory Board are elected and dismissed by the

The Chamber of deputies of the Parliament of the Czech Republic. The term of Office of the members of

the Supervisory Board is four years. Supervisory Board Member may be dismissed



and if) violated seriously the obligations arising out of its functions,



(b)) if convicted for an intentional criminal offence,



(c)) If no reason on their side to exercise his functions for a period longer

six months,



(d)) in other justified cases.



(7) the Supervisory Board shall elect from among its members a Chairman and a Vice-Chairman. The supervisory

the Council shall take a decision by vote. The choice is made or a resolution is adopted,

If you vote for them at least 3 members of the Supervisory Board. Meetings of the supervisory

the Council is governed by the rules of procedure, approved by the resolution of the Supervisory Board.



(8) on the serious deficiencies identified in the activities and management of the Fund

the Supervisory Board shall inform the Minister.



§ 7



Conflict of interest



(1) the duties of a member of the Committee or a member of the Supervisory Board is incompatible with

the functions of the Director, with the ratio to the Fund and with the functions in the management

and supervisory bodies of legal entities, which have received aid from the

Fund or applying for the grant of aid from the Fund.



(2) no member of the Fund and the Fund shall participate in the employees on

the business of natural and legal persons, to which aid has been granted

of the assets of the Fund or applying for the grant of aid from the Fund's assets,

nor may they be employed in employment, service or

a similar proportion for the following natural and legal persons.



(3) the Ministry, or Fund shall be entitled to require that the person has released

benefit if it received in connection with the breach of obligations under the

paragraph 1 or 2. The right to compensation shall remain unaffected.



§ 8



(1) the membership of the Committee or the Board of Trustees of the Fund is an obstacle in

work due to general interest (the performance of public functions) under a special

legislation. ^ 4) members of the Committee and the members of the Supervisory Board, it is for

reimbursement of travel expenses ^ 5) associated with the exercise of their functions in

the same range as employees of the Fund.



(2) the amount of remuneration linked to the performance of the functions of a member of the Committee and a member of the supervisory

the Council of the Fund determined by the Government resolution.



(3) the Employees of the Fund are paid according to regulations on salary and

remuneration for stand-by duty in budgetary and certain other

organizations and institutions. ^ 6)



§ 9



Government Regulation terms of use of funds for purposes

referred to in § 3 (1). 1 and § 3 (1). 2 (a). (d)), and (f)), with the conditions

provision of funds to aid targeting may include, in particular, on young

people, households with lower income, disadvantaged in access to

housing, or those at risk of social exclusion.



§ 10



The Government appoints the members of the Committee and the Chamber of deputies will choose the members of the supervisory

the Council, so that these bodies of the Fund could be established within 3

months from the date of entry into force of this Act.



PART TWO



cancelled



§ 11



cancelled



PART THREE



The EFFECTIVENESS of the



§ 12



This Act shall take effect on the date of publication.



Klaus r.



Havel, v. r.



Zeman in r.



Selected provisions of the novel



Article. XXII of the Act No. 239/2009 Sb.



Transitional provision



The approval of the financial statements in accordance with § 6 para. 6 of Act No. 211/2000 Coll. on

the version in force from the date of entry into force of this Act, for the first time makes

for the accounting period of the year 2012.



1) Law No 530/1990 Coll. on bonds, as amended.



2) Law No 40/2004 Coll., on public procurement, as amended

regulations.



§ 8b paragraph 2A). 3 of law No. 218/2000 Coll. on budgetary rules and the

changes to some related acts (budgetary rules), as amended by

Act No. 480/2004 Coll.



2B) Decree No. 114/2002 Coll. on the Fund for cultural and social needs,

as amended by Decree No 510/2002 Coll.



4) section 124 para. 1 of Act No. 65/1965 Coll., the labour code, as amended by

amended.



5) Act No. 119/1992 Coll., on travel compensation, as amended

regulations.



6) Act No. 143/1992 Coll., on salary and remuneration for stand-by duty in

the budget and certain other organisations and bodies, as amended by

amended.



7) Act No. 219/2000 Coll., on the property of the Czech Republic and its representation

in legal relations, as amended.



8) Council Regulation (EC) No 1083/2006 of 11 July 2006. July 2006 laying down general

provisions on the European regional development fund, the European

Social Fund and the Cohesion Fund and repealing Regulation (EC) No.

1260/1999.



Commission Regulation (EC) no 1828/2006 of 8 May. December 2006 laying

down detailed rules for the application of Council Regulation (EC) No 1083/2006 laying down general

provisions on the European regional development fund,

The European Social Fund and the Cohesion Fund and to the regulation of the European

Parliament and of the Council (EC) No 1080/2006 on the European regional

the development of.