Advanced Search

On The State Fund Of Culture Of The Czech Republic

Original Language Title: o Státním fondu kultury České republiky

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
239/1992 Sb.



LAW



The Czech National Council



of 14 July 1999. April 1992



on the State Fund of culture of the Czech Republic



Change: 482/2004 Sb.



Change: 342/2006 Sb.



Change: 424/2010 Sb.



Change: 465/2010 Sb.



Change: 239/2009 Sb.



The Czech National Council decided on the following Act:



§ 1



(1) there is hereby established a State Fund of culture of the Czech Republic (hereinafter referred to as "the Fund").



(2) the Fund is a legal entity that is entered in the commercial

the register. The Fund is managed by the Ministry of culture of the Czech Republic (hereinafter referred to as

"Fund Manager").



(3) the Fund is headed by the Minister of culture of the Czech Republic (hereinafter referred to as

"the Minister"), which is responsible for the management of the resources of the Fund.



§ 2



(1) the Authority deciding on the manner and amount of resources of the Fund is

The Council of the Fund (hereinafter referred to as "the Council").



(2) the members of the Council are elected and recalled by the Czech National Council, which the Council is

responsible. Proposals submitted from prominent figures of culture and finance

after consultation with professional organisations and associations of creators and

workers operating in the field of Culture Minister. Membership of the Council is

public function, "^ 1") is a honest and firm.



(3) the Council has 13 members. The term of the Council shall be three years.



(4) the costs associated with the work of the Council shall be borne by the Fund.



(5) details about the Organization and activities of the Council modifies the status of the Fund, which

endorses the proposal of the administrator of the Czech National Council.



§ 3



(1) a member of the Council can only be upstanding citizen of the Czech Republic.



(2) The Council shall not have the feature in political parties or political

movements nor actively on behalf of the public or act

in their favor in connection with the functions of the Council; further may not represent

business interests, which might be in conflict with the performance of his functions, or

could adversely affect his impartiality and objectivity

decision making.



(3) the membership of the Council is incompatible with the functions of the President, members,

the Chairman and the Deputy Prime Minister, Minister, the head of another central

Government authority or his or her Deputy.



§ 4



Membership in the Council shall cease



and the date of expiry of term of Office)



(b)) by surrendering the function,



(c) death of Member)



(d)),



e) loss of eligibility to legal capacity.



§ 5



(1) the Council shall examine, in particular,



and to fundamental questions of creation and) the use of the resources of the Fund,



(b)), the proposed annual budget of revenue and expenditure of the Fund and the design of the final

the account of the Fund.



(2) the Council shall decide on applications for the provision of resources of the Fund pursuant to §

10.



(3) the Council shall approve the financial statements of the Fund compiled the balance sheet date.



§ 6



(1) a fund manager shall draw up for each financial year, the budget proposal

an overview of income and expenses, receivables and Payables, and the accounts of the Fund,

by the Ministry of Finance of the Czech Republic within the time limits

established for the compilation of the State budget of the Czech Republic (hereinafter referred to as

"the national budget") and the State of the final account of the Czech Republic (hereinafter referred to

"the State final account").



(2) the Fund shall submit the draft budget of the Ministry of finance to the Government always to

August 31, the following modification that modifies,

be submitted together with the draft State budget for the approval of the

the Chamber of Deputies. The Fund Manager shall establish the draft budget, its overall Fund

as the amount of the expenditure under the special law. "^ 1a)



(3) with the final account of the Fund, the Fund Manager shall submit the evaluation

resources of the Fund incurred.



(4) the Fund shall keep records in accordance with the accounting Act and accounting processes

statements, which validates the auditor. The associated costs shall be borne by the Fund.



§ 6a



(1) the Ministry of the Interior or the police of the Czech Republic provides

The Ministry of culture for the exercise of property rights by the Fund for

to prove the fact that this right is conferred on the State of the dead

the authors, or Valdez of these rights



and from the base) a reference population register,



(b)) the data from the agendového information system of population register,



(c)) the data from the agendového information system for foreigners.



(2) Information Provided pursuant to paragraph 1. and) are



and) surname,



(b) the name or names),



(c) the address of the place of stay)



(d)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, place and the State where he was born,



(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory

The United States, date of death, place and the State on whose territory the death

has occurred; If it is issued the Court's decision on the Declaration of death, day,

that is the decision, listed as the day of death or the date on which the entity

data declared dead have survived, and the date of acquisition of legal power of this

the decision,



f) nationality, or more of State citizenship.



(3) Information Provided pursuant to paragraph 1. (b)) are



and the name or names), surname, maiden name,



(b)) date of birth,



(c)) place and County of birth; for the data subject, who was born in a foreign country,

the place and the State where he was born,



(d)), social security number,



(e) the address of the place of residence), including previous address space

permanent residence,



f) date and place of death of the district, and in the case of deaths outside the United

the Republic, the State on whose territory the death occurred, or the date of death,



g) day, who was in the Court decision on the Declaration of death listed

as the day of death or the date on which the data subject is declared dead

survivors,



h) nationality, or more of State citizenship,



I) deprivation or restriction of legal capacity.



(4) Information Provided pursuant to paragraph 1. (c)) are



and the name or names), surname, maiden name,



(b)) date of birth,



(c)) instead, and the State where the alien was born; in the case that was born on the

the territory of the United States, place and County of birth,



(d)), social security number,



e) country of citizenship or nationality,



(f)) the type and address of the place of residence on the territory of the Czech Republic,



(g)) of the date, place and County of death; in the case of deaths outside the United

the Republic, the State on whose territory the death occurred, or the date of death,



h) day, who was in the Court decision on the Declaration of death listed

as the day of death, where appropriate, as the day on which the stranger declared dead

survivors,



I) deprivation or restriction of legal capacity.



(5) the data which are kept as reference data in the principal registry

the population recovered from the agendového information system registration

of the population or agendového information system for foreigners only if they are

in the shape of the previous status quo.



(6) of the provided data that can be used in a particular case only

such data, which are necessary for the performance of the task.



§ 7



The financial resources of the Fund are:



and) income from participating interests the United States on business legal

people in culture, with the exception of the film industry,



(b)) the proceeds of the securities acquired by the Fund from other entities,



c) loans from legal persons,



(d)) interest in respect of returnable financial assistance and loans provided by the Fund

applicants, and interest from the Fund's resources are stored in the Bank,



e) installment loans and returnable financial assistance provided by the Fund

applicants,



f) contractual penalties paid to the applicant in cases in which the resources

The Fund has not been used under the specified conditions (§ 10),



g) gifts and legacies for the Fund,



h) revenue from public collections and lottery organised by the Fund,



I) negotiated shares in the income from projects for which it was provided

resources of the Fund (para. 10),



j) 50% of the shares from the proceeds of the lease objects of cultural value and of movable and

immovable cultural monuments, which exercises the right of economic management

the Fund Manager,



k) proceeds from greeting cards, posters and other occasional papers,

issued by the administrator of the Fund,



l) subsidies from the State budget,



m) additional resources provided for by specific legislation.



§ 8



(1) the resources of the Fund can be provided to specific cultural projects, and

It's on:



and support the creation, realisation) and marketing artistically valuable works of art,



(b)) in the field of non-periodical Publishing releases and periodic publications,



(c) the acquisition, reconstruction and) maintaining the cultural monuments ^ 3) and collection

articles,



(d)) exhibition and lectures,



(e) the promotion of Czech culture) abroad,



f) organizing cultural festivals, shows and other cultural

actions,



g) support cultural projects for the preservation and development of

the culture of national minorities in the Czech Republic,



h) support high-quality non-professional artistic activities,



I) protection, maintenance and refilling of the library Fund.



(2) the resources of the Fund shall be granted as a special-purpose grants, loans or

returnable financial výpomoce.



(3) the special purpose grants from the Fund shall be up to two-thirds of the

by the applicant, the planned costs, with the exception of funds intended for

the rescue of cultural relics, on which you can provide funds up to the

nine-tenths of the costs envisaged.



(4) The provision of funds to the Fund is not a legal right. Resources Of The Fund

may not be granted to cover the loss from the activity of legal persons and/or natural

persons.



(5) the Fund can provide a guarantee for the Monetary Institute of the loan or the loan

provided by the applicant on the projects referred to in paragraph 1.



§ 9



(1) the applicant for the provision of resources of the Fund can be a legal person


natural person established or resident in the territory of the Czech Republic.

When the applicant is a legal person with the Czechoslovak participation

foreign persons, ^ 4) resources of the Fund can be used only when the share of

equity participation of foreign persons of less than fifty percent.



(2) the applicant makes a request in writing to the Fund managers. The request shall indicate

indications and more characteristic of the project, for which support is sought,

the estimated amount of costs, an indication of the possible foreign participation,

the form of the aid and its amount, the indication of the claim, the

the collateral calls. The Fund Manager may impose an obligation to the applicant

Add the application and shall set a reasonable time limit to do so.



(3) at the same time with the submission of the application lodged by the applicant on payment of costs

associated with the examination of the application for the account of the Fund, the amount provided for by the Statute

differentiated according to the nature of the present project, but not more than

ten thousand Czech Crowns. This amount is required to fund manager applicants

charge within the time limit under section 10, paragraph 1. 1. If the costs associated with the

consideration of the application exceeds the amount of the compound, there is a difference of

resources of the Fund.



(4) if the applicant does not complete the request within the time limit referred to in paragraph 2, or

If the amount of posts referred to in paragraph 3 shall, upon request, looks as if was not

is made.



§ 10



(1) for the provision of resources of the Fund shall be decided by the Council within three months from the date of

receipt of the request or to complete it (§ 9 (2)) the Fund Manager.

Council decision provides:



the project), to be supported by the Fund,



(b) the designation of the applicant),



(c)) form of aid,



(d) the amount of the appropriations or) mark claims to be

ensured,



e) maturity in terms of providing returnable financial assistance

or loans.



(2) the Council may, in the decision to establish the amount to which the Fund contributes to the

income accruing from the project referred to in paragraph 1.



(3) on the basis of the decision of the Council and in accordance with it closes the Fund

by the applicant within 30 days of delivery of the decision on the amount and conditions of the contract

provision of funds to fund or guarantee under § 8 para. 5

and in the event of the share Fund income resulting from the project.

In the absence of the conclusion of the contract within that period for reasons on the part of the applicant,

the decision referred to in paragraph 1 shall cease to exist and the request would not be seen as

is made.



(4) On making a decision under paragraph 1 shall not apply the General provisions of the

administrative proceedings.



(5) the funds provided from the Fund may be used solely for its intended

purpose; will be used otherwise, the applicant shall pay a fine of Fund and

the manner set out in the Treaty referred to in paragraph 3, up to a total

the amounts provided by funds. Obligation to return the Fund resources used

contrary to the contract is not affected.



(6) details of the management of the resources of the Fund adjusts the Fund rules.



§ 11



The balance of funds of the Fund is transferred to the following

of the calendar year.



§ 12



The law of the Czech National Council No. 2/1969 Coll., on establishment of ministries and other

central authorities of the State administration of the Czech Socialist Republic, as amended by

amended, shall be amended and supplemented as follows:



"section 8 reads as follows:



"section 8



The Ministry of culture is the central body of State administration for art,

cultural and educational activity, cultural monuments, churches and stuff

religious organisations, for the press, including the issue of

print periodicals and other information resources, with the exception of

radio and television broadcasting, for the implementation of the copyright

the law and for the production of and trade in the area of culture. ".



section 13 of the



This Act shall take effect on 1 January 2000. July 1992.



Burešová v.r.



Pithart v.r.



Selected provisions of the novel



Article. VIII of Act No. 239/2009 Sb.



Transitional provision



Approval of the financial statements in accordance with § 5 para. 3 of Act No. 241/1992 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) § 124 of Act No. 65/1965 Coll., the labour code, as amended

regulations.



§ 8b paragraph 1A). 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.



2A) Act No. 133/2000 Coll., on registration of the population and the birth numbers and

amendments to certain laws (law on population register), as amended

regulations.



2B) § 1 of the law No. 133/2000 Coll., as amended by Act No. 53/2004 Sb.



3) section 2 of the law No. 20/1987 Coll. on State heritage preservation, as amended by

amended.



4) section 24 of Act No. 513/1991 Coll., the commercial code.