On The Nationalization Of Some Businesses In The Food Industry

Original Language Title: o znárodnění některých podniků průmyslu potravinářského

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=11991&nr=101~2F1945~20Sb.&ft=txt

101/1945 Coll.



Decree of the President of the Republic



from 24 October 1945



on the nationalization of some businesses in the food industry



Change: 108/1950 Coll. (part)



change: 115/1948 Coll.



change: 108/1950.



On the proposal of the Government and in agreement with the Slovak National Council establishes:



SECTION I



The range of the nationalization of the



§ 1



(1) the date of publication of this Decree, the znárodňují:



1. sugar factories and refineries, sugar



2. the industrial distilleries and alcohol refineries,



3. the breweries that issued in 1937, more than 150,000 hl. beer,



4. the mills with technical equipment for daily performance of at least 60 tonnes of grain

on the day of the beginning of the effectiveness of this Decree,



5. enterprises to manufacture artificial edible fats with more than 150 employees

State diameter to days 1. January 1938-1940,



6. undertakings for the production of chocolate and sweets with more than 500 employees

State diameter to days 1. January 1938 to 1940.



(2) for the enterprises of industrial sectors referred to in paragraph 1, 5 and 6,

that were not in use at all times, based on the average number of employees

taken as a basis for the nationalization of the average State decides the dates 1.

January the last two years these periods, if the operation of the undertaking did not so much

for a long time, the status of employees 1. January 1940; the undertaking, which was not even in the

This day in operation, decide on the date of the beginning of employee status

the effectiveness of this Decree. The number of employees at the relevant times the

Retrieves the status of reporting of public social insurance carriers.



(3) the provisions of this Decree shall not apply to:



and to undertakings) are the property of the communities of income and

economic, established under the law of 9 July 2004. April 1873, no. 70 ř.z.,

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

ownership of cooperatives established under § § 223 et seq.. Cust. article.

XXXVII/1875, commercial law and are directly operated by them, with the

the exception of firms by 31 December 2002. in December 1948, the Minister shall determine the

nutrition in agreement with the Central Council of trade unions, the Central Council of the farmers

the Czechoslovak Republic and the Central Council of cooperatives, also in Slovakia after

the hearing officer nutrition;



(b)) on which the Minister of nutrition in agreement with the ministry of finance and

Agriculture, Slovakia the same after hearing of Commissioners of nutrition, finance and

Agriculture and land reform, nationalization of the excluded, while their

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

the Government concluded that their operation is not in the public interest.



(4) the Minister of nutrition, in Slovakia, in agreement with the Chairman of the food and

supply, delivery, with effect in the Official Gazette and in Úradnom

the official, that the companies were nationalized by Decree.



§ 2



repealed by law 115/1948 Coll.



§ 3



The law of zakládati new businesses and is nationalised sectors do

According to § 1, para. 1, no. 1 and 2 shall be reserved to the State. On the proposal of the Minister of

nutrition, made after hearing the position of the nutrition, the Government can

This right to be done any the national enterprise.



§ 4



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



(2) Nationalization concerns



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



(b) the undertaking, including accessories) in 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 operator of nationalised firm, unless the Minister of nutrition in agreement with the

factually competent Minister provides otherwise in individual cases,



(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 the company business.



(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 capital

or which have a decisive influence.



(6) the Minister of nutrition, in Slovakia after the hearing officer nutrition, may

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

or rights, if it is not necessary for the operation of the national enterprise,

and ponechati is the actual owner, which can at the same time uložiti

the condition that the deadline shall establish for the benefit of the national enterprise

a 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

nutrition, Slovakia after a hearing officer. For the proceedings and findings

the extent of the nationalization Decree does not apply from 13 June 2005.

January 1928, no. 8 Coll., on proceedings in cases belonging to the scope of the

political authorities (administrative proceedings).



Section 4a



If the scope of the Minister of nutrition to the assets nationalised by

This Decree shall not apply to the establishment of a national company or to the inclusion of

Enterprise, or if such things will not be entrusted to a management

authorities in the field of nutrition, the Minister may remit such property in the

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 under section 7 of the přenechati to other legal persons.



§ 5



(1) national enterprise (articles 8 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. To the obligations under which the estate or

operating the device the company nationalized after the date of the beginning of the effectiveness of the cross

This decree to a third party, does not enter the national undertaking to which

This was the essence of the device or incorporated. For the obligations of nationalised

the company is not personal taxes, levies and charges of the former

the owner of the estate, and the nationalized undertaking nor the national enterprise

which will be incorporated is not responsible for them. Personal taxes and levies,

means the tax allowance, pension, war tax levied directly, rentová

property tax according to the Decree of 16 February. in December 1942, no. 410

Coll., on income tax from property, property benefits under the law of 15 June 2004. may

1946, no. 134, Coll., on dose of securities gain and a dose of assets,

and extraordinary benefits under the law of 31 July. October 1947, no. 185 Coll.

a single dose of an extraordinary and exceptional dose of excessive additions to

asset. Method of payment of personal taxes and benefits provides for the Minister

Finance of the decree in the Official Gazette. Incorporate the estate to

several national companies, shall designate the Minister of nutrition, Slovakia also after

the hearing officer nutrition, together with the measures referred to in section 8, to which

commitments will enter a single national undertaking. Minister of nutrition shall determine in

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

Food and finance, to which the obligations belonging to other than znárodněným

property podstatám, incorporated pursuant to § 8, national enterprise shall enter; for

the undertakings 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.



(2) for liabilities that are economically unjustified, figuring in it

obligations of the service contracts, guaranteeing workers disproportionately

high salaries, provident benefits, surrender and, the national

company domáhati cancellation or other reasonable accommodation. In the absence of the

the agreement, the Arbitration Court shall decide. Detailed provisions on Arbitration Court

will be issued separately.



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

the constituent (section 8) the State is not responsible, nor when it comes to modify obligations under section 5a.



(4) the Minister of nutrition may in agreement with the responsible Minister and

Minister of finance to do the transition measures obligations belonging to

znárodněnému assets that have been transferred under Section 4a of the responsibility of another

Minister or simply komunálnímu to an undertaking or other legal person.



(5) the obligations of the undertaking do not belong to the nationalised undertakings, pursuant to which the

the property of that undertaking or its part of the cross after the date of the beginning of the effectiveness

This decree to the third person. For the obligations of the company is nationalized

as well as personal taxes, levies and charges the former owner;

such commitments do not cross with the property that has been incorporated into national

the company was entrusted to the management or the authorities referred to in paragraph 2, or with which the

It has been made or which has been transferred under Section 4a, or


for them to satisfy from the assets of nationalized business. Personal taxes and

dose means the tax allowance, pension, war tax rentová directly

levied, property tax pursuant to Decree-Law No 410/1942 Coll.

property benefits under law No 134/1946 Coll., on dose of securities

increment and a levy on property, and extraordinary benefits under law No.

185/1946 Coll., on an exceptional and extraordinary single dose dose of

excessive additions to property, as amended by Act No. 180/1948 Coll. Way

payment of personal taxes and benefits provides for the Ministry of finance

the decree in the Official Gazette.



(6) for liabilities that are economically unjustified, figuring in it

obligations of the service contracts, guaranteeing employees a disproportionately high

salaries, provident benefits, surrender and, may the national enterprise

domáhati revocation or other reasonable accommodation. If there is no agreement about it,

the arbitral tribunal shall decide according to the rules about how issued. The provisions of sentences

first of all, and the second also shall apply mutatis mutandis, with respect to the obligations that are transferred to

conferring of nationalised assets to the management of the authorities referred to in paragraph 2, or

that are transferred in accordance with paragraph 4.



(7) if the measure to the administration of the assets of nationalized confers on the

authorities in the field of competence of the Minister or another Minister of nutrition,

It does nothing else, will not be liable for the obligations of the State nationalised the company nor

When it comes to modify obligations under section 5a.



Section 5a



(1) if the assets of the nationalised company on the date of the takeover of overindebted, the

National Enterprise požádati Court to the above General asset prices

předluženého assets of the undertaking on the date of the takeover of the satisfaction of the modified commitments

belonging to this property and determine their maturity, přihlížeje to

the economic possibilities of the national company. This applies mutatis mutandis to

municipal company or other legal entity, to whom the assets were

nationalised the company transferred pursuant to Section 4a.



(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 out of proportion to the assets, if such claims did not crumble

the nationalization;



(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

the company and the value of the obligations under the provisions of subparagraph (a). a) and b)

remain untouched, quite satisfied. For such commitments

consider also the undertakings referred to in (b). (b)), if they are not covered

way there referred to;



(d)) the obligations not 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 how are the claims of creditors.



§ 6



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

the owner of the nationalised company, after 29. August 1944, intend to poškoditi or

ztížiti nationalization of industry or dragging in your or someone else's benefit

the assets of the business.



(2) Odporovati can be used within a year of taking over a business. Otherwise, it applies

apply the provisions of odpůrčího of the order, issued by the law of 27 April 2001. March

1931, no. 64 Sb.



SECTION II



§ 7



The provisions of § § 7 to 11 and sections 37, 38, 40, 41 and 43 to § § 47 of the Decree No.

100/1945 Coll., as amended by law to changing and supplementing pay

mutatis mutandis to the case provided for in this Decree, where according to the

the provisions just referred to is determined by the scope of the Minister of industry

It is for such an application to the Minister of nutrition.



SECTION III



cancelled



§ 8



Cancelled.



§ 9



Cancelled.



§ 10



Cancelled.



§ 11



Cancelled.



§ 12



Cancelled.



section 13 of the



Cancelled.



§ 14



Cancelled.



§ 15



Cancelled.



section 16 of the



Cancelled.



§ 17



Cancelled.



section 18



Cancelled.



§ 19



Cancelled.



section 20



Cancelled.



section 21



Cancelled.



SECTION IV



cancelled



section 22



Cancelled.



Article 23 of the



Cancelled.



the title launched



section 24



Cancelled.



THE SECTION IN THE



The effectiveness and implementation of the



§ 25



This Decree shall take effect on the date of the notice; It shall carry out all

members of the Government.



Dr. Benes v.r.



Fierlinger v.r.



David v.r.



Kopecký v.r.



Gottwald v.r.



Laušman v.r.



Wide v.r.



Ďuriš v.r.



Dr. v.r. Šrámek



Dr. Pietor v.r.



Ursíny v.r.



Gen. Hasal v.r.



Masaryk v.r.



Hála v.r.



Gen. freedom v.r.



Dr. v.r. Šoltész



Dr. Ripka v.r.



Dr. v.r. Walk



Nosek v.r.



Majer v.r.



Dr. Šrobár v.r.



Dr. Clementis v.r.



Dr. Nejedly v.r.



Gen. Dr. Ferjenčík v.r.



Dr. v.r. Stransky



V.r. Lichner