A Public Official. Auctions In The Transfer Of The Homeland. The State Of Things To Rights. Persons

Original Language Title: o veř. dražbách při převodech vlast. státu k věcem na práv. osoby

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=38904&nr=535~2F1990~20Sb.&ft=txt

535/1990 Coll.



DECREE



the Ministry of national property management and privatization of the Czech

of the Republic of



of 29 April 2004. November 1990



on public auctions in the transfer of State ownership to some of the things

to other legal or natural persons and the admission to these auctions



The Ministry of national property management and privatization of the Czech

States pursuant to section 25 of Act No. 425/1990 Coll., on transfers of ownership

for some of the things to other legal or natural person, provides:



§ 1



This Decree regulates the details of public auctions of operating

the units, which have to date 1. November 1990 law management

State-owned enterprises, budgetary and contributory organizations and national committees

(hereinafter referred to as "the Organization"), which occur in the transfer of property to the State

According to the law on transfers of State ownership to some of the things on the other

legal or natural persons (hereinafter referred to as the "Act"). ^ 1)



§ 2



The subject of the public auction



The subject of a public auction (the "auction") can only be operational

the units included in the lists drawn up by District operational units

commissions for privatization or the National Commission for privatisation of Prague

assets (hereinafter referred to as "the Commission") and confirmed by the Ministry of administration

national property and its privatization of the Czech Republic (hereinafter referred to as

"the Ministry").



§ 3



The participants of the auction



(1) the participants in the auction (section 3 and section 13, paragraph 2, of the Act) are, on entry into

the auction room required to submit confirmation of the appropriate branch

financial institution on the composition of the auction of the security. If it is a participant of the auction

the legal person is the one who acts on its behalf must provide whether or not

proof that he is entitled to the name of the legal person to participate in the

auction and proof of identity.



(2) the participants in the auction and others present in the auction are in the course of its

the venue must not disturb the progress of the auction, follow instructions of the organizers of the auction and

to comply with the measures taken for the maintenance of order in the auction room

and its surroundings.



§ 4



Admission to the auction



(1) the Auction may be present every citizen who has paid admission.

The participants of the auction entrance fee does not apply.



(2) Admission to one of the auction room is 50 Czk per person per day.



§ 5



Organizational security auctions



(1) the auction shall organise and supervise their progress to the Commission

through its members, which will be entrusted with the participation of their venue.



(2) the Commission is required to ensure priority access to auctions participants

the auction room and to define for them a space in which they can

undisturbed to perform tasks connected with the auction.



(3) the Commission shall ensure that in the auction rooms were all participants

the auction made available lists of operating units, which will be in its

during the vydražovány.



§ 6



The auction room



The Commission is required to ensure the appropriate for holding of the auction room, which is

publicly accessible, spacious enough, illuminated and has the appropriate

the acoustics.



§ 7



(1) Auction auctioneer performs. Auctioneer appointed by the Commission.



(2) the Commission is required to prepare a replacement for each auction auctioneer

in the event that the auctioneer conducting the auction in its activities

continue.



§ 8



Licitátorem may be appointed natural person older than 18 years of age, integrity,

with through rhetorical assumptions, physically and mentally fit to perform this

activity.



§ 9



(1) the Commission is required to supervise the activities of the auctioneer's fee, in particular,

whether during the auction shall act in accordance with the law and with the provisions of this Decree, whether

during the auction of the individual operating units does not flow quickly and whether the

for each participant of the auction.



(2) fails to fulfil its duties properly, the auctioneer may the Commission during

the auction and the replacement shall be appointed by the auctioneer.



§ 10



(1) the Commission may stop holding the auction in the event that, for technical

reasons or for inappropriate behavior of the participants of the auction and other

present at the auction, the auction will not continue.



(2) the Commission may also be excluded from holding a public auction of the attendee

behaves in conflict with the law and with the provisions of this Decree.



The progress of the auction



§ 11



Before the start of the auction Commission shall assign each participant of the auction auction

number clearly visible on the table.



§ 12



(1) the auctioneer launches auction notice operating unit that is

the subject of the auction, the starting price (§ 8 of the Act), the prices of stocks without

progressive consumption items and notifications, whether for the first or

a repeated auction.



(2) the auctioneer will repeat the starting price and the participants of the auction is the menu.

The offer is made by raising the bidding paddle.



(3) If an offer of starting prices make more participants,

the auctioneer determines that one of them, who signed up as the first, and in his

benefit of repeated an offer three times, along with the "first", "second",

"third time".



(4) if another participant of the auction until the period of the last vyvolávky can be

a higher bid, the auctioneer repeated the offer in favor of this

participant of the auction three times, along with the "first", "second",

"third time".



(5) the Bid referred to in paragraph 4 is repeated as many times as is made

by the time period of the last vyvolávky the new higher offer.



(6) the smallest difference allowed between each other following offerings

(hereinafter referred to as the "bid") is 100 Kčs. If the same offer at least two

the participants of the auction, the auctioneer can bid to raise at least.



(7) the threefold repetition of the vyvolávky is done without haste and in particular

last vyvolávka up after three minutes that have passed since the penultimate

vyvolávky. After a period of last vyvolávky striking the auctioneer auction

the hammers will determine the operating unit for sale who final offer

While hailing his made the auction number.



(8) if it fails none of the participants of the auction bid, at least in the amount of

starting price, reserve price the auctioneer three times along with

followed by "first", "second", "third" and the auction closes.



section 13 of the



(1) failure to auction off an operating unit in the manner specified in section 12 of the

and when taking part in the auction, at least five people, the auctioneer reserve price

gradually decreases, and it's always about 10% but not more than 50% of the starting price

(section 10 of the Act) or the repeated auction for 80% of the starting price (§ 13

paragraph. 3 of the Act).



(2) If interested in vydražovanou operating unit more

the participants, the auctioneer shall proceed in accordance with § 12. If interested in

vydražovanou operating unit only one participant of the auction, the auctioneer

striking hammers auction determines the operating unit for sale this

participant.



§ 14



The effectiveness of the



This Decree shall enter into force on 1 January 2000. January 1991.



Minister:



Ing. Hedgehog CSc. v.r.



1) Law No 428/1990 Coll., on transfers of State ownership to some of the

things to other legal or natural person.