On The Nationalization Of Certain Other Industrial And Other Enterprises

Original Language Title: o znárodnění některých dalších průmyslových a jiných podniků

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=17342&nr=114~2F1948~20Sb.&ft=txt

114/1948 Coll.



Law



of 28 June. April 1948



on the nationalization of certain other industrial and other enterprises and establishments and

on the adjustment of certain ratios of nationalised and State enterprises.



change: 106/1950.



change: 105/1990 Coll.



change: 455/1991 Coll.



The constituent National Assembly of the Czechoslovak Republic passed on

This Act:



Article. (I)



The nationalization of certain other industrial and other enterprises and establishments.



§ 1



(1) on January 1. January 1948 after nationalization of the znárodňují:



1. undertakings for the mining or processing of peat;



2. undertakings for conveying the quartzites, diatomaceous earth, talc, těživce, gypsum,

anhydrite, glass sand, moulding sand, as well as the bearing of these

materials;



3. undertakings for the working or processing of the stone, if they have at least

ten grinding machines or two saws for stone;



4. machine gravel pit with a capacity of at least ten thousand tonnes per year;



5. enterprises for the production of chemical-pharmaceutical, pharmaceutical or

manufacture of medicinal products or ser, with the exception of laboratory or medical treatment and

health care institutions, institutions or health institutions

the people's administration, as well as the preparation of medicines on prescription if it is not a

the production of mail;



6. undertakings for the production of medical or therapeutic apparatus, instruments

or device used primarily for the treatment and care of the Constitution,

medical offices;



7. undertakings for the production of ampoules;



8. enterprises for the production of the goods or medical bandage of cotton wool;



9. the undertakings for the manufacture of soaps;



10. businesses that sort of, in a manner of manufacture or their scope are

significant in the field of cosmetic products or products;



11. affinerie precious metals;



12. undertakings for the manufacture of the device by wireless means, according to the law of

June 26, 1947, no. 128 Coll., which govern trade radiotechnická,

radiomechanická and radioelektrickými devices;



13. the undertakings for the grinding of quartz crystals;



14. the undertakings for the manufacture of screws, rivets, nuts or rail

upevňovadel;



15. undertakings for factory production of SWR;



16. businesses for factory production of prefabricated buildings, and polomontovaných

their constructions or parts;



17. the saw with the device on the daily performance of log cutting operation at least ten plm

logs when used for traffic;



18. the brick factory with technical equipment for annual production of at least two million

pieces of brick products;



19. enterprises for the production of technical porculánu;



20. the undertakings for the production or modification of technical gases;



21. the undertakings for the production of photographic material;



22. jirchárny and tanneries, leather or rubber businesses that

dealing with whether or not the production of the koželužskou or jirchářskou;



23. the undertakings for the manufacture of wood or cardboard;



24. the undertakings of the glass with a device for automatic production, or at least

with ten strojovými units for the processing or refinement of glass,

as for the machine the drive by both furnaces of all kinds;



25. all other undertakings, if not subject to the other provisions of the

nationalization or exclude from nationalization, and if the number of people in the enterprise

employed or active has reached at any time from 1. January 1946 fifty

persons. In determining this number determines the sum of all people, in

the company employed or active, regardless of where they work or

work, in particular whether homeworkers.



(2) the undertakings referred to in paragraph 1, no 1 to 24 shall be decided by the State at the date

on January 1, 1948.



(3) the provisions of paragraph 1 shall not apply to the assets of the State, or to:



and) undertakings and establishments, which are owned by the communities of income

and economic, established under Act No. 70/1873.,

the communities of income and economic, in Slovakia, in the ownership of the

cooperatives established under § § 223 et seq.. Cust. article. XXXVII/1875, about

commercial law, and are directly operated by them, with the exception of enterprises and

races that no later than 31 December 2006. December 1948, the Minister of industry shall designate in

the agreement with the Central Council of trade unions and the Central Council of cooperatives,



(b)) the undertakings and establishments which on 1 May 2004. January 1948 was owned by volumes

the people's administration and were operated directly by them, with the exception of enterprises and

races that no later than 31 December 2006. in December 1948, the Government shall designate, on a proposal

the Minister of industry in the Slovak Republic made after hearing the position of the industry and

trade,



c) undertakings and establishments, which the Minister of industry, in agreement with the Minister

Finance, Slovakia also after hearing of Commissioners of trade and industry and

finances, excludes from the nationalization of, their respective owners

(operators) will order that is permanently stopped, because the Government

concluded that their operation is not in the public interest.



(4) the conditions are fulfilled for the nationalization by art. I,

shall be decided by the Minister of industry.



§ 2



(1) persons that are required to lead the management of nationalised so far

the undertaking or property (section 8) shall submit a report to the Ministry of industry, whose

the pattern will announce the Minister of industry in the Official Gazette. This message is not administer

within 15 days from the date of publication of the design. In the proceedings must also spolupůsobiti

persons who will be invited to do so by the Ministry of industry. Reporting has

be signed by the Council and racing or racing confidant; If the message

does not pick up the former owner or holder of nationalised firm or

property, is obliged to připojiti to it their observations.



(2) owners or keepers of nationalised enterprises pursuant to section 1 (i)

other persons are required to spolupůsobiti when compiling financial statements

for the period to the nationalization, will be invited to do so by the competent central

authority.



§ 3



Cancelled.



§ 4



cancelled



§ 5



(1) national business can odporovati legal actions that have done

the owner of property nationalised under art. Even after 27. October 1945 intend to

poškoditi or ztížiti or dragging their nationalized or foreign

benefit of the assets.



(2) Odporovati can be as prescribed by the applicable odpůrčího law within two years

from the date the measure of nationalized assets, or which incorporates

the property of the management.



(3) the legal act on the transfer of undertakings, on which would be covered by

the provisions of article. I or on the transfer of equity participation in companies,

the undertakings referred to in article znárodňují. Even if it was closed at the time of

two months before the date of nationalization, are valid only, if it is

the Ministry of industry.



§ 6



(1) for property nationalized under art. (I) this Act, compensation;

It shall apply the provisions of § § 7 to 11 of Decree No. 100/1945 Coll., as amended by

legislation to changing and supplementing, if also does not provide otherwise.



(2) compensation shall not be granted for property nationalized under art. And, that the

the date of nationalization or persons belonged to the fysickým, that have been or will be

validly condemned the courts for a crime or offence committed in the day

the nationalization of the



and) to 5. May 1945, pursuant to Act No. 50/1923 Coll., on the protection of the Republic of

in the text of the provisions to changing and supplementing, or of law no 231/1948

Coll., on the protection of the Democratic People's Republic, or



(b)), pursuant to section 43 of the Decree No. 100/1945 Coll., as amended by the laws of it changing and

additional, or



c) under law No. 15/1946 Coll. on the prosecution of black Commerce and similar

intrigue, or



(d)) under Act No. 27/1946 Coll. on criminal protection of the implementation of the two-year

the economic plan, or



e) under Act No. 165/1946 Coll. on criminal protection of national companies,

nationalised undertakings and undertakings under national administration.



(3) in cases in which, in accordance with paragraph 2, the compensation for the nationalized

assets does not provide, the amount equivalent to the Fund.



§ 7



If the scope of the Minister of industry assets nationalised

According to the article. (I) does not apply to the establishment of a national company or incorporation into the

the national enterprise, or if such things will not be entrusted to a management

authorities in the field of the competence of the Minister of industry may, such property

in agreement with the Minister of finance and Minister of převésti in another jurisdiction

This Minister, he has taken in its own scope

the scope of the, or it may přenechati municipal undertakings or for the

compensation determined in accordance with § 6 to přenechati other legal persons.



§ 8



For nationalization under the preceding provisions, and for the consequences and

the measures resulting from the provisions of §§ 4, 5, 5a, 37, 38, 40,

41 and 43 to 47 of the Decree No. 100/1945 Coll., as amended by the laws of it changing and

complementary.



Article II



Changes and additions to the Decree No. 100/1945 Coll.



Decree No. 100/1945 Coll., shall be amended and supplemented as follows:



1. § 1, para. 1, no 1:



"1. the undertakings operating under the General Mining Act, business and law

on the search and patent mining, mining permission according to § 5 of the General

the Mining Act and the rights of the owners of the land under section 1, title I, the amount

(VII) the temporary judicial rules from year 1861, in force in the Slovak Republic; ".



2. § 1, para. 1, No 7:



"7. the companies armaments industry, which his research or production

the focus of the development of military equipment production enterprises

explosives and other armaments industry, which designates the Minister of

industry in agreement with the Minister of national defence; ".



3. § 1, para. 1, No 9 is added:



"9. the undertakings for the mining of magnesite, asbestos, kaolin, mica, feldspar,

refractory clays or ceramic coating clays, bearings


These minerals, as well as undertakings for the production of cement or cement

binders; ".



4. § 1, para. 1, no. 13:



"13. undertakings whose basic production scope is production building,

technical ceramics, porcelain goods, tiled, lime and limestone mining

with more than 150 employees, according to the average of the States on the dates 1. July years

1938-1940; ".



5. § 1, para. 1, No 14:



"14. undertakings whose basic production scope is the manufacture of brick

goods with more than 200 employees, according to the average of the States on the dates 1.

July 1938 to 1940; ".



6. § 1, para. 1, No 17:



"17. the undertakings saw with more than 150 employees, according to the diameter of a

days 1. January 1938 to 1940; ".



7. in section 1, took advantage of the new paragraph after paragraph 1 2 worded as follows:



"(2) the applicable number of employees includes all persons in the

the undertaking subject to nationalization of the employed or self-employed, irrespective of the

that's where they work or have worked. The undertaking of more stages to the number of

employees in degree, which indicates the prevailing character of farming,

counted as persons employed in all other stages of the business. "



8. In section 1, paragraphs 2, 3 and 4 shall become paragraphs 3, 4 and

5.



9. the provisions of the present section 1, para. 3, the second sentence shall be deleted.



10. The present section 1, para. 4, point (a). (b)), and (c)):



"(b)) that the Government in particularly justified cases, on a proposal from the Minister for

industry, Slovakia, made after hearing the position of industry and trade,

removed from the nationalization. This provision shall not apply to undertakings and rights

nationalized industry in accordance with § 1, para. 1, no. 1,



"(c)) that the Minister of industry, in agreement with the Minister of finance, Slovakia

After the hearing the Board of Commissioners of trade and industry and finance, exclude from

the nationalization, the owner (operator) shall order that it be permanently

stopped because the Government concluded that its continued operation is not in the

the public interest. "



11. The present section 1, para. 5 is added:



"(5) the Minister of industry, in the Slovak Republic after hearing the position of the industry and

the store, with the effect of delivery in the Official Gazette, which businesses have been

This Decree nationalized. "



12. section 2 is added:



"If the conditions for the nationalization of assets pursuant to § 1, para. 1 by day

27 October 1945, nationalizing the property on the date designated by the Minister

industry in the Slovak Republic after hearing the position of industry and trade, and

be published in accordance with § 1, para. 5. "



13. paragraph 3 reads:



"The right of zakládati new businesses and do regardless of their

range in the nationalised industries pursuant to § 1, para. 1. No. 1 to 3, 5, 7, 8,

9, 11, 15, 19 and 27 shall be reserved to the State. On the proposal of the Minister of industry, on the

Slovakia made after hearing the position of industry and trade, the Government can

This right is to be done on any of the legal entity. "



14. section 4 reads as follows:



"(1) the State shall take ownership of the nationalisation of the znárodněnému property.



(2) Nationalization concerns



and real estate, buildings), equipment, and raw materials, naležišť



(b) the undertaking, reckoned in accessories) it all, and the right of chattel

(license, license, trademarks, patterns, water rights, etc.),

bills of Exchange, securities, passbook, cash and accounts receivable,



(c)) other chattels and rights than those accessories business.



(3) the property referred to in paragraph 2, the nationalization refers to email or

If the intended operation of the nationalised company, even if it belongs to someone else

than the owner of the company. Patents and stocks, in particular raw materials, auxiliary and

performing materials, semi-finished products, semi-finished and finished products,

nationalization concerns only, if the owner or operator of a nationalised

of the business.



(4) together with the company znárodňují to the extent arising out of the provisions of the

paragraphs 2 and 3:



and) all manufacturing companies and factories belonging to the owner or

the operators of the nationalised company,



(b)) all the undertakings and establishments that make up the znárodněným with the firm

economic whole, even if it belongs to someone other than the owner of the

nationalised company.



(5) belongs to the nationalized company limited partnership shares,

public limited-liability company, limited company, obmezeným or těžařstvu

nationalizing all their property, as well as to the same extent

enterprises of the group, for which they deserve, more than half of the basic

capital or which have a decisive influence.



(6) the Minister of industry, in the Slovak Republic after hearing the position of the industry and

trade, the vyjmouti of the nationalization of the individual pieces of property,

property or rights, if the files are not necessary to the operation of

the national enterprise, and ponechati is the actual owner, which may

at the same time uložiti the conditions, in particular the condition that the deadline shall establish

for the benefit of the national enterprise servitude or exploitation right.



(7) on the scope of the nationalization in accordance with paragraphs 2 to 5 shall be decided by the Minister of

industry in the Slovak Republic after hearing the position of industry and trade. For

procedure for determination of the extent of the Government's nationalization of the provisions

Regulation of 13 October. January 1928, no. 8 Coll., in cases concerning

belonging to the scope of the political authorities (administrative proceedings). "



15. § 5, para. 1 reads as follows:



"(1) national company (§§ 12 et seq.), which incorporates the property

the essence of the nationalized undertaking shall enter on the day of its acceptance in the commitments

nationalised company. Into commitments, under which the estate has

or operating facilities nationalized Enterprise cross after the date of the beginning of the

the effectiveness of this Decree to a third party does not enter into the national enterprise

that was the essence of the device or incorporated. The obligations of the

the firm is nationalized as personal taxes, levies and charges

the former owner of the estate, and the nationalized undertaking nor

National Enterprise, which will be incorporated is not responsible for them. Personal taxes

and benefits means tax income, war, tax contribution rentová

directly levied, property tax by Decree of 16 March.

in December 1942, no. 410 Coll., on income tax from property, property benefits referred to in

the law of 15 June 2004. in May 1946, no. 134, Coll., on dose of securities

increment and a levy on property, and extraordinary benefits under the law of

October 31, 1947, no. 185, Coll., on an exceptional and extraordinary single dose

a dose of excessive additions to property. Method of payment of such personal

taxes and charges the Minister of Finance shall lay down by Decree in the Official Gazette.

Incorporate the estate into several national companies, shall designate the

the Minister of industry, in the Slovak Republic after hearing the position of industry and trade,

at the same time with the measure under section 12, to which the commitment enters an individual

national enterprise. The Minister of industry shall determine in agreement with the Minister

Finance, Slovakia also after hearing of Commissioners of trade and industry and

Finance, to which the obligations belonging to other than znárodněným

property podstatám, incorporated pursuant to section 12, the national undertaking shall enter;

for the obligations belonging to the undertaking or establishment, which belongs to the State, the

not an obligation arising from the provision of funds to the State,

If the balance exceeds the value of other than investment property. "



16. The provisions of § 5, para. 3 is repealed.



17. § 5, para. 4 shall become paragraph 3 to read:



"(3) the obligations of the nationalised company or other incorporated

the essence of property (§ 12) State is not responsible, nor when the adjustment of the

in accordance with § 5a. "



18. in section 5, took advantage of the new section 5a worded as follows:



"(1) where a Crystal Enterprise or other incorporated estate

on the day of the takeover of předluženy, the national enterprise požádati Court to the

the amount of the General asset prices předluženého business or nature to manage over-indebtedness

the date of taking modified commitments, belonging to the satisfaction of this undertaking

or to this substance and determine their maturity, přihlížeje to

the economic possibilities of the national company.



(2) creditors are required to, at the invitation of the Court decree in the Official Gazette in the

the time limit laid down by the Court of přihlásiti their claims to control of the proposal referred to in

paragraph 1; If he fails to do so, their claims against the national enterprise

cease to exist.



(3) the adjustment referred to in paragraph 1 shall be carried out as follows:



and remain intact) liabilities arising from claims of creditors of the

the exclusion of things inherently nationalised the company or other incorporated

the estate, if such claims by nationalisation did not crumble;



(b)) remain intact whether or not commitments resulting from claims by creditors,

having a right to separate satisfaction of certain things, if they are covered by

the value of this stuff;



(c)) other Payables, which in turn owned by them [d])

will not be fully covered by the difference between the general price of assets nationalised

company or other incorporated the estate and the value of liabilities,

that under the provisions of subparagraph (a). a) and b) will remain intact, to satisfy

fairly. For such commitments is believed to be also the obligations referred to under

(a). (b)), if not covered in the manner indicated there;



(d)) the obligations which are subject to the provisions of subparagraph (a). (c)), are to be classified according to

the order of the four classes. To the first class belong to the costs of the proceedings, to the second to

the fourth class belong the commitments according to the equivalent of bankruptcy proceedings

belong to the first through third grade. Obligations of the same class have between them

the same order.



(4) if the obligations under the order it will not be met them


by modifying the provided for in paragraph 3, does not act against the national undertaking. Edit

the obligations referred to in paragraph 3 of the Act only against the national undertaking.



(5) a Law will be issued detailed rules on the jurisdiction of the Court,

proceedings referred to in the preceding paragraphs, about its effects on the limitation

claims, disputes, enforcement and bankruptcy proceedings and the right to

separate satisfaction and on the way to finding the claims of creditors. "



19. section 7, para. 1, point (a). (c)):



"(c) fysickým and legal) persons that develop activities against State

the sovereignty, independence, integrity, Democratic-Republican

the State form, the security and defence of the Czechoslovak Republic, which the

such activities have encouraged or other persons svésti looked, intentionally

promote in any way a German or Hungarian occupiers or

that at a time of increased threats to the Republic (section 18 of the Decree of the President

Republic of 19 November 2002. June 1945, no. 16 Coll., on the punishment of Nazi

criminals, traitors and their accomplices and extraordinary folk courts)

nadržovaly germanisaci or maďarisaci on the territory of the Czechoslovak

Republic or act hostile to the Czechoslovak Republic or to

the Czech or Slovak nation, as well as the fysickým or legal

persons that they condoned such activity for people managing their

assets or undertaking. "



20. section 7 (1). 2 is added:



"(2) in the case of property nationalized under section 2, does not provide the refund is also

under the conditions referred to in article 14(2). I, § 6, paragraph 1(a). 2 of Act No. 114/1948 Coll. "



21. Article 7, paragraph 1. 3 and 4 are added:



"(3) If a person applies for property compensation law, it is for the

dilute an aliquot portion of compensation to persons interested in it capital, if the

not covered by the provisions of paragraph 1 or 2, especially if they cannot be

přičítati activity and the behavior of the legal person concerned or neglect

reasonable caution when provisions of the administration or in the surveillance and

If you do not act directly or indirectly in the interest of the persons covered by the

the provisions of paragraph 1 or 2; While looking at the participation that are under the

the national administration, as if they were persons authorized to escalate.



(4) a refund shall be granted for the nationalized assets, or for the participation on it,

which were due in the period after 29. September 1938 persons under under the provisions of

paragraphs 1 or 2, or 3 and no longer belonged to them, lie the absence

the compensation did not comply with the principles of decency. "



22. section 7, para. 5 and 6:



"(5) the Government may plays, that a particular person or a particular circuit

the persons covered by the provisions of paragraphs 1 to 4, provides, in part,

or fully refund.



(6) whether fysická or legal person falls under the provisions of the

paragraphs 1, 2 or 3, shall be decided by the Minister of industry in consultation with the substantive

the competent Minister, Slovakia also after hearing of the relevant

the Board of Commissioners. "



23. section 8, paragraph 1. 1 reads as follows:



"(1) unless otherwise provided, or it is not a heavy indebtedness within the meaning of § 5a,

paragraph. 1, responsibility for nationalized assets. "



24. section 8, paragraph 1. 2 is added:



"(2) for the determination of the refund is determined the status of the nationalized assets on the day

the takeover of national undertaking and obligations to him on this day due.

The refund shall be equal to the general price of the asset, calculated in accordance with the official prices to

the date of nationalization, and if these prices, the official estimate, after

deduction of liabilities. The Minister of industry may, in agreement with the Minister of the soul

Treasury directive for the determination of General prices and valuation of liabilities for

the calculation of the compensation under this provision. "



25. In paragraph 8, took advantage of a new paragraph after paragraph 3 4 worded as follows:



"(4) in cases of particular interest to the Minister of industry in the

in agreement with the Minister of finance to offer the Fund nationalised

holding persons who are entitled to compensation, maintenance to the debit of

compensation. "



26. section 9, paragraph 1. 4 is added:



"(4) on the application of securities corresponding to the value of the nationalized

property, for which compensation does not provide the persons referred to in section 7, the

the provisions of § 5, para. 2, no 2 of the Act of 11 June 2002. in March 1948, no. 51 Sb.

on the adjustment of certain financial ratios, industry and State enterprises

food. "



27. Article 10, paragraph 1. 1 reads as follows:



"(1) the payment of the refund shall decide in agreement with the Minister of industry

Minister of finance, Slovakia also after hearing the Board of Commissioners of the industry and

trade and finance. "



28. Article 11, paragraph 2. 1 reads as follows:



"(1) the Volumes of folk or representative self-government, institutions and

corporations, serving exclusively public purposes, as well as institutes

folk financial intermediation, which suffers serious loss on settlement of their

equity interests or participation in the nationalized enterprises, the Government may, on

the proposal of the Minister of industry made in agreement with the factually competent Ministers

Slovakia also after hearing the competent Commissioners, excluding reimbursement of

to offer a reasonable contribution from the Fund's resources nationalised

economy (section 9). The contribution is not a legal right. "



29. section 12 reads as follows:



"(1) from the assets of the nationalised undertakings, for the essence of ownership the essence

acquired by the State the confiscation or other means, of the undertakings and establishments

they belong to the State, from the other assets of the State, as well as of the means

The Fund will establish a nationalized economy, in agreement with the Minister of industry

Minister of finance, Slovakia also after hearing the Board of Commissioners of the industry and

trade and finance, national firms or is incorporated in the national

of the business.



(2) the Minister of industry in the Slovak Republic after hearing the position of the industry and

trade, it is for the zříditi branch (minor) race national enterprise.



(3) the establishment of a national undertaking, or the branch (next) race

be published in the Official Gazette.



(4) the Minister of industry may, in agreement with the Minister of finance, Slovakia

also, after hearing the Board of Commissioners of trade and industry and finance, vyjmouti of

national companies and individual pieces of property rights, does not need to

national business strictly for its operation, and přenechati is in agreement

with the responsible Minister to integration in enterprises, institutions or

the device that this is for the zřizovati Minister.



(5) the measures referred to in paragraph 1 shall, in the case of the estate

konfiskovanou by Presidential Decree of the President of the Republic from 25 October. October 1945,

# 108 Coll., on the confiscation of enemy property and Funds of the national

recovery, as well as with regard to the estate, managed in accordance with § 16

the law of 16 June. in May 1946, no. 128, Coll., on the invalidity of certain

property-legal proceedings from the time of oppression and of the claims from this

the nullity and other interventions in asset vzcházejících, after hearing

President of the osidlovacího Office.



(6) the extent of the rights to which they relate for the essence of the measures referred to in

paragraph 5 shall be determined by the Ministry of industry, in agreement with the authority and the 3

The Fund of national reconstruction, also in Slovakia after hearing pověřenectva

industry and trade, the regulations on the allocation of confiscated

asset. "



30. section 13 reads as follows:



"(1) the national enterprises are owned by the State within the meaning of other provisions.

Are separate legal entities. Shall be subject to the provisions of

full rights, dealers with tax regulations on enterprises

publicly using double-and are subject to fees based on the fees

the Bill, with its amendments and supplements. Since its establishment are subject to

poplatkovému equivalent pursuant to § 1, para. 2 (a). and the Act of 8 September 2005).

April 1938, no. 76 Coll. on fee, equivalent to the

not subject to the provisions of section 8 and section 17, para. 1 of the same law.



(2) the assets, which stand at the national enterprise converts, and commitments to

which national enterprise, its creation or at a later time, in

the national enterprise will be appreciated according to art. 29 and 31 of the commercial law, the

Slovakia according to sections 26 and 28 of the Act. article. XXXVII/1875. Net value

the estate, which the State on the national enterprise converts in his

establishment, form its initial tribal property.



(3) the date on which the national takes over assets attributable to him, be

be published in accordance with § 12, para. 3. "



31. section 14 reads as follows:



"Undertakings and establishments subject to nationalization under section 4, para. 5,

individually, however, does not fall under the provisions of § 1, para. 1 or § 4, paragraph 2(b). 4

and not suitable for inclusion in a national enterprise, the Government may, on

the proposal of the Minister of industry, Slovakia made after a hearing officer

industry and trade, přenechati volumes of folk or společenstvům

výdělkovým and economic (cooperatives) or other legal persons under

compensation attributable to such property in accordance with section 8. "



32. Article 15, paragraph 2. 2 is added:



"(2) other than the national businesses may not use the designation" national

company "."



33. section 17 reads:



' (1) on a proposal from the national enterprise writes library Court transition

proprietary and other rights of the nationalised company or other incorporated

the estate to the appellant with reference to this Decree.



(2) the provisions of the preceding paragraph shall apply mutatis mutandis to affix a transition

rights of the nationalised company or other incorporated the estate on

national enterprise in other official registers and lists (water book

the air, propelling the index, etc.).



(3) national enterprise does not need permission, which would otherwise have been required to

the exercise of activities in accordance with its business [section 16, paragraph 2,

(a). (c))] under the provisions of the commercial code (the Trades Licensing Act)


or other živnostensko-law. Shall notify the national enterprise

the subject of their business Office (§ 145 f. l., and § 242 f. z.) that it

be recorded in a special section of the trade register. Detailed

regulations, as well as the extent to which national undertakings of the provisions of

the commercial code (the Trades Licensing Act), as amended by the laws of the

changing and complementary, provides the Government. "



34. section 18. paragraph. 2 is added:



"(2) the national enterprises are paying the proceeds Fund surpluses of their nationalised

economy. "



35. section 19 reads as follows:



"A uniform management of national enterprises and business procurement

their joint Affairs shall establish the Government on the proposal of the Minister of industry

According to the needs of national central authorities. In Slovakia, the Government shall establish the

the proposal of the Minister of industry, made after hearing the position of the industry and

trade, as appropriate, regional authorities. About these bodies apply

mutatis mutandis the provisions of articles 12 to 18 and 20. "



36. section 20, paragraph 1. 1 reads as follows:



"(1) it is for the administration of the national enterprise Board of Directors and the Director, who

chaired by him. The scope of the Board adjusts Government Regulation (section 33). "



37. section 20, paragraph 1. 2, the first sentence reads as follows:



"The Director leads the Affairs of the normal operation of the national company."



38. section 20, paragraph 1. 5 is added:



"(5) if the Director or if busy, carries out its scope

under the personal responsibility of the Deputy. "



39. section 21:



"(1) the members of the Board of Directors (alternates) are representatives of the national enterprise

(a representative of) employees, choosing from their midst, and the persons appointed by the

the central authority, the regional authority of the Slovak Republic, vyslechnuvším volumes

the people's administration and representative Government. Selection and appointment of members

the Board of Directors confirms the Minister of industry, in the Slovak Republic after hearing

the position of the industry and trade; confirmation may be revoked at any time.



(2) members of the Board of Directors (alternate) of the Central and the regional authority

appoints and dismisses the Government on the proposal of the Minister of industry, made in the agreement

with the participating Ministers after hearing the Central Council of trade unions and the relevant

organisací industry interest as regards the members of the Board

(alternates), regional authority, also after hearing the position of the industry and

trade.



(3) a member of the Board of Directors (alternate member) national company and the Central

and the regional authority may be the only Czechoslovak State citizen if

the Government will not allow an exception. Member of the Board of Directors must have expert knowledge

and experience and must be morally, for State and national reliable and

well preserved.



(4) member of the Board of Directors (alternate) national company and the Central

(regional) authority not to do profitable business whose business

is contrary to the interests of the company or its central

(regional) authority. Must not vykonávati another function or activity,

that are contrary to these interests.



(5) the members of the Board of Directors (alternate) national company promises

Central to the Director, the District Director of the Slovak Republic that will be

conscientiously perform their duties in accordance with the interests of the State. The members of the

the Board of Directors (alternate) Central (regional) authority to promise the same thing

the Minister of industry. "



40. section 22 reads:



"(1) the Director (Deputy) national enterprise appoints and removes the

the approval of the Minister of industry, the Board of Directors of the central authority after

hearing the Central Trade Union Council and the respective interest organisací

the industry. In the Slovak Republic appoints and dismisses the Director of the national enterprise

(Vice Presidents) with the approval of the Minister of industry, who will hear the trustee

industry and trade, the regional authority of the Board of Directors, after hearing the

the competent authority of the single trade union organisations and the relevant interest

Organization of industry. The statement by the Director (Deputy) of the national

the company waives its functions, notes the Central (regional) Director,

Thus the demise of function becomes effective. If they are in the national company of at least

three náměstkové, one of them must be appointed from among its

employees.



(2) the Regional Director (Vice Presidents), appoints and dismisses the Government on a proposal from

Minister of industry, made after hearing the position of industry and trade,

the central competent authority of the Director and of the single trade union organisations.

Declaration of the Regional Director (Deputy) pays its functions,

takes note of the Minister of industry, after hearing the position of the industry and

trade, thus becoming an effective feature's demise.



(3) the Central Director (Vice Presidents), appoints and dismisses the Government on a proposal from

Minister of industry, made after hearing the Central Council of trade unions and the

special interest organization of industry. A declaration by the Central Director

(Deputy) pays its functions, takes note of the Minister of industry, thus

the demise of the function becomes effective.



(4) the Director (Deputy) may be the only Czechoslovak State citizen,

that must have the professional knowledge and experience, and be morally, State and

nationally a reliable and well preserved.



(5) the Director (Deputy) shall not vykonávati job, function, or other

an activity that is in conflict with the interests of the company, nor shall the

do any profitable undertaking, nor is it účastniti.



(6) the Director (Deputy) of the Central (regional) authority, as well as the Director of the

(Deputy) Minister of industry national company promises that it will scrupulously

perform their duties in accordance with the interests of the State. In Slovakia, the promise

the Director (Deputy) national enterprise the same trustee of the industry and

trade.



(7) the date of the promise takes the Director (Deputy) of its function and becomes a

an employee of the Central (regional) authority or national enterprise;

his employment terminates on the date when it has been revoked or the date on which

speaking note of any function. Unless termination of employment

the ratio in the circumstances for which it would otherwise be employment zrušiti

prematurely, belong to the Director (Deputy) benefits at least as long as

they would belong, if the employment terminated by notice.



(8) The appointment and dismissal of the Director (Deputy) shall not apply the provisions

codecision tupitelstva racing again when you hire employees

employees on jobs, and on the prior consent of the District Office

protection work in arranging and termination of employment.



(9) the Government may, by regulation, the salary accounts and business and employment relationships

the Central and regional directors and their deputies, and directors of national

enterprises and their deputies.



(10) the company reports its Director-General (the Deputy) to write to the

business (corporate) register. The Director (Deputy) has to do your

signature before the commercial court or poslati your signature in an authenticated form.

A firm is signed so that the final printed or somebody written

the text of the business undertaking connects the Director (Deputy) your signature. "



41. in paragraph 22 of the vsunují the new §§ 23 to 32 reads as follows:



"§ 23.



(1) the Minister of industry, in agreement with the Minister of finance, Slovakia also after

hearing of Commissioners of trade and industry and finance may from subsidiaries

the constituent national companies or parts thereof zříditi new national

businesses, or začleniti estate national company or its

part to another national company.



(2) national enterprise, which incorporates estate other

the national enterprise, shall on the date of receipt in its commitments.

Incorporates the estate into several national companies, shall designate the

the Minister of industry, in the Slovak Republic after hearing the position of industry and trade,

from which obligations will enter a single national enterprise, after the case

lays down obligations in relation to it.



(3) the Minister of industry, in the Slovak Republic after hearing the position of the industry and

trade, provides that the obligations are transferred to the national enterprise with part

the estate national enterprise integrated into it.



(4) national enterprise, whose estate was incorporated into a single

or several national companies, will be lifted on the date on which the Minister of industry

be published in the Official Gazette.



(5) the provisions of the preceding paragraphs also apply to Central and regional

authorities.



§ 24.



(1) the Minister of industry, in agreement with the Minister of finance, Slovakia also after

hearing of Commissioners of trade and industry and finance, may zříditi the national

the firm of estate enterprises that belong to legal persons,

the stakeholders are exclusively national firms or

persons who are acting at the behest of State enterprises; such proprietary

the substance can also be incorporated into the national companies or central

or regional authorities.



(2) national company (Central or regional authority), to which the

incorporates estate undertakings referred to in paragraph 1, shall enter

on the date of receipt in their commitments. Incorporates the estate to

several national companies shall be determined by the Minister of industry, in the Slovak Republic after

hearing the position of industry and commerce, to which the commitment enters

a single national company (Central or regional authority) after the case

lays down obligations in relation to it.



(3) the provisions of the applicable regulations on disposal does not apply if incorporated

the estate of businesses under the preceding paragraphs within

national companies; legal persons, such enterprises, which cancels the


the Minister of industry, in the Slovak Republic after hearing the position of industry and trade

the decree in the Official Gazette.



§ 25.



The cancellation of the national enterprise (section 23), or legal persons who belonged to the

undertaking referred to in section 24, writes in the commercial court (the company's) register

on the proposal of the Ministry of industry.



section 26.



(1) except in the case referred to in § 23 repealed national enterprise Minister of industry

in agreement with the Minister of finance, Slovakia also after hearing of Commissioners

trade and industry and finance, with regard to the central authority, on a proposal from the Government

Minister of industry, in the case of a regional authority, the Government on the proposal of the Minister of

industry, made after hearing the position of industry and trade. Cancellation

the Minister of industry shall publish in the Official Gazette.



(2) cancellation under paragraph 1, the Court in the commercial writes (corporate)

register on the proposal of the Ministry of industry.



section 27.



(1) if there is a cancellation of the national enterprise, shall be appointed by the Central

the Board of Directors with the approval of the Minister of industry granted in the agreement with the

Minister of Finance of the liquidator; be repealed if a central authority, shall be appointed by

the liquidator's Minister of industry, be deleted if a regional authority, the Minister of

industry after hearing the position of industry and trade. The liquidator refers

Central Board of Directors with the approval of the Minister of industry, the liquidator

the central authority of the Minister of industry and regional authority, a liquidator

the Minister of industry, after hearing the position of industry and trade.



(2) the Ministry of industry will report the appointment of a liquidator to appeal

registration in the commercial (corporate) register.



section 28.



(1) the liquidator shall represent the essence of the likvidujícího national company.

Obmezení its jurisdiction does not have legal effect against third parties.



(2) the liquidator has to do his signature before the commercial court or administer

It certified the form.



(3) the liquidator of the company by means of the wording of the existing company, somebody

written or natištěnému, connects your signature with Appendix

"the liquidator".



section 29.



(1) the liquidator runs the Affairs of the likvidujícího national company with care

and diligence; unless otherwise specified, the rights and obligations of

the national enterprise management.



(2) the liquidator personally responsible for the performance of their duties.



section 30.



(1) the liquidator terminates the normal stores national company, will meet his

commitments, selects its claims and cashing in his other property, if

otherwise it does not appoint the Minister of industry, in agreement with the Minister of finance, to

Slovakia also after hearing of Commissioners of trade and industry and finance. To

their outstanding shops may also uzavříti a new adjuster

shops.



(2) the liquidator shall invite the lender the decree in the Official Gazette, make up 6

months to register their claims. The amount of undocumented, controversial or

yet to lodge claims adjuster to the juvenile court.



(3) the winding-up of the abolished national enterprise will take surplus liquidator

Fund nationalized economy.



(4) after the end of the liquidation shall be transmitted to the books and writings of the cancelled

the national enterprise Central, district authority in Slovakia, with respect to

Central or regional authority, the Ministry of industry.



(5) books and writings of the abolished national company be stored on

safe place and stored for ten years from the end of the liquidation.



section 31.



The Government may podříditi Central (district) authority and companies set up by the

under other legislation. If the Government does not adjust the regulation by way of derogation

ratios of such enterprises apply them mutatis mutandis provisions, according to which

These businesses were established.



§ 32.



The Minister of industry may vyjmouti national enterprise of his organisation by

of this section and in agreement with the Minister to render the measures

According to the regulations, that this is for the Minister set out to do. If the Government

by way of derogation, the ratios of such regulation does not regulate the national enterprise, is true of the

the provisions of this section apply mutatis mutandis. "



42. section 23 is renumbered as section 33 and read:



"The Government will issue detailed regulations on the regulation of national enterprises and

the Central and regional authorities, in particular their management, management,

financing, on the use of their profits, about the relationship of the employees of the undertaking,

check on the liability of the Director and the Board of Directors of the

výzkumnictví national companies and on the competences of the Ministry of industry in

relation to national enterprises (Statute of the national companies). "



43. section 24 is known as section 34.



44. section 25 is known as section 35 and paragraph 2 and 3 read as follows:



"(2) If this Decree provides otherwise, must not be significantly exacerbated by

pay and conditions for employees and foreigners who were granted a provident zaopatřovacích

salary by nationalized enterprises, who were employed in them or they enjoyed

Provident salaries on the day of taking over a business (art. 13, para. 3).



(3) the Government adjusts the regulation of work and remuneration, as well as other

pensijní security staff to the date of acceptance of the undertaking (section 13,

paragraph. 3) in it do the service in the pragmatikálním or regulated

prison service. "



45. section 26 is known as section 36.



46. section 27 is renumbered as section 37 and paragraphs 1 and 3:



"(1) until it was established the national enterprise (section 12), is the one who belonged to the

nationalized business or assets, for legal persons and other associations

or files people authority which is called zastupovati, is obliged under the

personal responsibility to lead his administration and Affairs reasonably according to

the provisions of this decree with due diligence. The same applies to

the national administrators provided for by Presidential Decree of the President of the Republic of

on May 19, 1945, no. 5 Coll., on the invalidity of certain property-legal

negotiations from the time of oppression and a national managing assets of Germans,

Hungarians, traitors and collaborators and some organisací and institutes, on

Slovakia, the Slovak National Council regulation of 5 December. June 1945

No 50 Sb n. SNR, a national administration.



(3) the persons referred to in paragraph 1 shall be obliged to lead the interim administration

and the Affairs of the nationalised enterprise are entitled to equitable remuneration from the

the resources of the enterprise, whose amount is determined by the Ministry of industry,

Slovakia after hearing pověřenectva industry and trade. "



47. articles 28 and 29 shall be renumbered as §§ 38 and 39.



48. section 30 is renumbered as section 40 and added:



"Legal action, filing documents for registration in the public books and

registers and official acts, necessary for the implementation of the decree are quired

be exempt from taxes, fees and charges. This does not apply to commercial activities,

transfers of assets or property rights of the State enterprises to persons

other than the national firms and about common stores discontinuing

the liquidator pursuant to § 30. "



49. in paragraph 40, took advantage of the new section 41 reads as follows:



"(1) recoveries (pensions) obtained from the nationalised company until the day

the takeover (section 13, paragraph 3) are included in the basis for tax assessment

pension, General and special taxes and the tax Ministry rentové

the last owner of the nationalized undertaking before its nationalisation.



(2) a Crystal Enterprise has in the field of sales taxes and the price of the compensatory

the status of the taxpayer amounts of sales tax up to the date of its

the takeover will be published in accordance with § 12 of the decree in the Official Gazette. "



50. in paragraph 41, took advantage of the new § 42 worded as follows:



"(1) the Fund national reconstruction will burden the economy nationalized amount Fund

equal to the remuneration for confiscated assets to the extent of their

use in accordance with § 12, which shall be reasonable under the provisions of section 8, paragraph 1.

2.



(2) the Minister of industry may, in agreement with the Minister of finance may, in order to

national companies have transferred to Fund their nationalized bound

deposits.



(3) the Government shall determine how the equal balance of mutual claims between the Fund

national reconstruction and the Fund nationalised economy. "



51. sections 31 to 36 are referred to as §§ 43 to 48.



Article. (III)



The provisions of § 4, paragraph 2(b). 6 Decree No. 100/l945 Coll. in the wording of article. (II) can be

Similarly, use it even on the assets covered by the provisions of article. (IV)

the law of 7 July. April 1948, no. 79, Coll., amending and supplementing Act

of 16 December 2002. in May 1946, no. 128, Coll., on the invalidity of certain

property-legal proceedings from the time of oppression and of the claims from this

the nullity and other interventions in asset vzcházejících. In the case of

assets nationalized or such other assets, whose nationalization of the

not only due to invalid property-legal action or

invalid input from the period of Nazi occupation, staring in the proceedings on the application for a refund

persons who have reached the final statement according to art. (IV), para. 1 of the law

No 79/1948 Coll., as if this property was nationalized.



Article IV.



Article. (IV) 1



The Minister of industry shall be empowered to prescribe and in the collection of laws and regulations

announced the full text of the Decree No. 100/1945 Coll., as is apparent from the changes and

supplements made to the provisions of article. (II) of this Act.



Article. (IV) 2



(1) the provisions of article. I and article. II, no. 13, 31, 32, 38 and 39, no. 40, if

It amended the provisions of section 22, paragraph 2. 1 to 6 and 8 to 10 of Decree No. 100/1945

Coll. No. 41 to 43 and 45 to 47 shall take effect on 1 January 2000. January 1948,

the provisions of article. II, no. 1 to 12, 14 to 30 and 33 to 37, no. 40, if it

the provisions of section 22, paragraph 2. 7 Decree No. 100/1945 Coll., no. 44 and 48, no.

49 as regards the provision of section 41, paragraph 2. 1 Decree No. 100/1945 Coll., no 50

and 51 on 27 November. October 1945 and the provisions of article. II, no. 49, as regards


the provisions of § 4, paragraph 2(b). 2 Decree No. 100/1945 Coll., and the provisions of article. (III)

and (IV) the date of publication.



(2) this Act makes the Minister of industry, in agreement with the participating members

the Government.



Dr. Benes v.r.



Gottwald v.r.



Fierlinger v.r.