47/2002 Sb.
LAW
of 11 December. January 2002
on the promotion of small and medium-sized enterprises and on the amendment of Act No. 2/1969 Coll.,
on the establishment of ministries and other central bodies of State administration of the Czech
Republic, as amended
Change: 1/2004 Sb.
Change: 690/2004 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
SUPPORT FOR SMALL AND MEDIUM BUSINESS
§ 1
The subject of the edit
(1) this Act establishes the principles for providing support at the start of
business, as well as in strengthening the economic position of small and
medium-sized business owners (hereinafter referred to as "the aid").
(2) the applicant for aid must have a permanent residence or headquarters on the territory of the Czech
of the Republic.
(3) this Act does not apply to aid granted in the area of
agricultural and forestry primary production.
§ 2
Small and medium-sized businesses
For small and medium businesses for the purposes of this Act, shall be deemed to
a businessman who meets the criteria established by the directly applicable
Regulation of the European communities. ^ 1)
§ 3
Area aid
Aid may be granted on
and investment projects),
(b)) education and training in educational programmes in secondary schools
terminated re-training,
(c)) that the skills of adults,
(d) economic and technical advice),
e) projects for the development of associations of small and medium entrepreneurs and to
strengthen their position in the market,
f) gathering information about business,
g) research and development projects, the results of small and medium sized
entrepreneurs use,
h) projects in the regions, focused support of the State and in the other
regions, the promotion of the State, it is desirable for other reasons,
I) the creation of new jobs,
j) networking and cooperation with foreign partners, and participation in
national and international exhibitions and trade fairs,
to) the introduction of systems to ensure an increase in the quality of production and management
businesses and services that support the increased competitiveness,
l) investment projects associated with the protection of the
environment, the provision of technical information and advisory services, or
the selected operational costs for activities connected with the protection of
of the environment.
§ 4
(1) the provision of the aid must be in accordance with the rules for the provision of
public aid. ^ 3) to support under this Act is not a legal right.
(2) the aid is granted in the form of
and returnable financial assistance),
(b)),
(c)) the financial contribution,
d) guarantees or
e) loan at a reduced interest rate.
(3) the aid referred to in paragraph 2 may only be used for the purpose designated by the
This Act and for the purpose specified by the approved Government support programs
on the basis of this Act (section 6).
Section 4a
(1) the Agency is hereby established for the promotion of entrepreneurship and investments, CzechInvest
(hereinafter referred to as "the Agency") as a State-funded organization based in
Prague. The Agency has the right to manage state assets and its activities
governed by specific laws. ^ 3a) the Agency is subordinated to the Ministry of
trade and industry (hereinafter referred to as "the Ministry").
(2) the statutory authority of the Agency is appointed by the Director-General
and removed by the Minister of industry and trade. Further conditions for the activities of the
the Agency and its organizational arrangements adjusted status, which approves the
Minister of industry and trade.
(3) the Agency shall carry out tasks in the area of business support by
and) provides support to small and medium-sized enterprises under this Act,
(b)) provides support to entrepreneurs on the basis of the programmes approved
the Government under a special law, ^ 3b)
(c)) fulfils the function of a designated organization in the provision of investment incentives
under the special law, ^ 3 c)
(d)) shall perform other tasks in the field of business support.
(4) the Agency also provides financial support to entrepreneurs
the funds of the European Union.
§ 5
(1) the financial resources of the State budget for the financing of the aid
under this Act, are concentrated in the budgetary chapter
the Ministry, which can provide financial resources for the financing of the
aid from other sources.
(2) provide Support
and the Ministry, Agency), the Czech Agency for trade promotion
CzechTrade and CZECH Design Center, set up by the Ministry, in the form of
referred to in section 4, paragraph 4. 2 (a). and (b))). To this end, these bodies
If the organizational component of the State shall establish for the benefit of the Czech Republic
accounts at banks, which leads to their account, and provide support on the basis of the
a written agreement concluded with the Ministry; the agreement must contain conditions
the use of the funds of the State budget, according to different programs
support, the way their payment to beneficiaries of aid management policy
These funds on the accounts of the Bank, the rules for their showdown with the
State budget,
(b)) Českomoravská záruční a rozvojová banka, a.s. (hereinafter referred to as "the Bank"), and
in the form referred to in section 4, paragraph 4. 2 (a). c) to (e)), from the resources of the State
the budget accounts established by the Bank concentrated in favour of the Czech
of the Republic. The Bank provides support on the basis of a written agreement with the
the Ministry; the agreement must include the conditions referred to in subparagraph (a)) Likewise
and on the determination of the amount of the remuneration of the Bank for the services involving the
a reasonable profit (hereinafter referred to as "providers of aid").
(3) Ministry shall ensure that the accounts of the bank deposits will not arise
disproportionate State budget overdue obligations.
(4) the resources intended for the financing of the aid for the purposes of their
clearing up the State budget, performed by the Bank, considered to be pumped
the date of conclusion of the contract with the beneficiary of the aid, and the extent of the whole
the agreed commitment to their payment.
(5) the beneficiary of the aid may be small and medium-sized businesses in compliance with the
the conditions laid down by this law; in the case of the aid referred to in § 3 (b). (e))
to be the beneficiary of the aid and the Association for the development of small and medium-sized
businesses, which are a legal person; in the case of the aid referred to in § 3 (b). (f))
may be the beneficiary of the aid and the people serving on the business.
§ 6
(1) the details of the grant of aid are included in the programmes of support,
which, on a proposal of the Ministry of (hereinafter referred to as "the applicant support program")
approved by the Government. The publication of the programme to support the projector performs
a programme of support in the trade journal and on its address in a publicly
accessible information system (Internet).
(2) support programmes shall contain
and the name of the claimant) support program,
(b) the name of the body) accepts the request for the grant of aid, as well as
the body, which is carrying out the evaluation and selection,
(c) the name of the provider support)
(d) the subject matter and purpose of the aid),
(e)) the definition of the beneficiaries,
(f)), the details and the form of its provision and the way
its use,
(g) definition of the amount of the individual forms of) aid for one project,
h) requirements for an application to provide aid and its method of presentation
and handling,
I) duration of the aid program.
section 7 of the
(1) an application for the grant of aid shall be submitted to the body referred to in
the programme of support.
(2) aid in the form referred to in section 4, paragraph 4. 2 (a). and (b))) and provides
on the basis of the decision of the ^ 4) support provider.
(3) aid in the form referred to in section 4, paragraph 4. 2 (a). c) to (e)), provides
on the basis of the contract between the provider of the aid and the recipient of the aid.
(4) the decision referred to in paragraph 2 and the agreement referred to in paragraph 3 shall
provide the recipient of the aid, in particular the purpose, amount and conditions of the aid,
the period of drawing and to violation of the terms of
the aid. The contract referred to in paragraph 3, which arranged the loan is reduced
the interest rate must also include arrangements for how to ensure
the commitment.
§ 8
For the control of compliance with the conditions of implementation of the State budget
under this Act, and for the application of sanctions for breach of the budgetary
the discipline applies specific legislation. ^ 5)
§ 9
The Government shall submit to the Chamber of Deputies once a year a report on the development of
small and medium business, including evaluation of the effectiveness of aid and the
the economics of the State budget funds under this
the Act and the intention of improving the effectiveness of aid on the other.
Transitional and final provisions
§ 10
The rights and obligations arising from contracts that were concluded before the date of
the entry into force of this Act, or of the decision, which was issued
before the date of entry into force of this law shall be governed by the present law
provisions.
§ 11
Act No. 299/1992 Coll., on State aid to small and medium-sized
the business.
PART THE SECOND
Amendment of the Act on the establishment of ministries and other central bodies of the State
administration of the Czech Republic
§ 12
Act No. 2/1969 Coll., on establishment of ministries and other central bodies
the State administration of the Czech Republic, as amended by law No 34/1970 Coll., Act
No 147/1970 Coll., Act No. 125/1973 Coll., Act No. 25/1976 Coll., Act
No 118/1983, Coll., Act No. 60/1988 Coll., Act No. 173/1989 Coll.,
the legal measures of the Presidium of the Czech National Council No. 9/1990 Coll.
Act No. 93/1990 Coll., Act No. 126/1990 Coll., Act No. 202/1990 Coll.,
Act No. 288/1990 Coll., legal measures of the Presidium of the Czech national
No 305/1990 Coll., Act No. 575/1990 Coll., Act No. 169/1991 Coll.,
Act No. 283/1991 Coll., Act No. 19/1992 Coll., Act No. 23/1992 Coll.,
Act No. 103/1992 Coll., Act No. 167/1992 Coll., Act No. 241/1992 Coll.,
the legal measures of the Presidium of the Czech National Council No. 350/1992 Coll.,
Act No. 358/1992 Coll., Act No. 359/1992 Coll., Act No. 478/1992 Coll.,
Act No. 548/1992 Coll., Act No. 21/1993 Coll., Act No. 166/1993 Coll.
Act No. 285/1993 Coll., Act No. 47/1994 Coll., Act No. 89/1995 Coll.,
Law No. 289/1995 Coll., Act No. 135/1996 Coll., Act No. 272/1996 Coll.,
Act No. 152/1997 Coll., Act No. 15/1998 Coll., Act No. 148/1998 Coll.
Act No. 63/2000 Coll., Act No. 130/2000 Coll., Act No. 155/2000 Coll.,
Law No. 204/2000 Coll., Act No. 239/2000 Coll., Act No. 257/2000 Coll.
Act No. 258/2000 Coll., Act No. 365/2000 Coll., Act No. 458/2000 Coll.
and Act No. 256/2001 is amended as follows:
1. In section 13 (3). 1 (a). (d)), the words ", with the exception of regional aid
business, "shall be deleted.
2. In section 14, paragraph. 1, the words "including the regional business support,"
shall be deleted.
PART THE THIRD
section 13
The effectiveness of the
This law shall enter into force on 1 January 2005. January 1, 2003.
Klaus r.
Havel in r.
Zeman in r.
Selected provisions of the novel
Article. (II) Law No. 1/2004 Sb.
Transitional provisions
1. the Agency for the support of business and investments, CzechInvest, established by this
the law is the legal successor of the Czech Agency for foreign investment
CzechInvest, a State contributory organisation, which shall be repealed on the date of
the effectiveness of this Act.
2. On the date of entry into force of this law, the Agency for the support of
business and investment, CzechInvest becomes appropriate to manage all
the property of the State, with whom he was on that date the appropriate manage Czech
foreign investment agency CzechInvest.
3. A State contributory organisation Agency for business development and
Agency for the development of industry of the Czech Republic on the date of CzechIndustry
the entry into force of this Act shall be deleted. The right to manage the property of the
the State, as well as other rights and obligations, including the labour or
other similar relations of State contributory organizations referred to in
sentence the first pass on the date of effectiveness of this law to the Agency for
the support of business and investments, CzechInvest.
1) Annex I to Commission Regulation No 70/2001 of 12 January 2001. January 2001 on the
the application of articles 87 and 88 of the EC Treaty on State aid to small and medium-sized
business, in its up-to-date version.
2) § 83a of the labour code.
3) Law No 59/2000 Coll., on public support.
3A) Act No. 219/2000 Coll., on the Czech Republic and its
in legal relations, as amended.
Law No. 218/2000 Coll. on budgetary rules and amending certain
related acts (budgetary rules), as amended
regulations.
3B) for example, Act No. 218/2000 Sb.
3 c) Law No. 72/2000 Coll., on investment incentives and change some
laws (law on investment incentives), as amended.
4) section 14 of Act No. 218/2000 Coll., on the budgetary rules and the change
some related acts (budgetary rules).
for example, 5) Act No. 320/2001 Coll., on financial control in the public
management and on amendments to certain acts (the Act on financial control), Act No.
59/2000 Coll., Act No. 552/1991 Coll., on State control, as amended by
amended.
