The Amendment Of Act No. 92/1991 Coll. And Other Regulations

Original Language Title: Novela zákona č. 92/1991 Sb. a dalších předpisů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=42240&nr=224~2F1994~20Sb.&ft=txt

224/1994 Coll.



LAW



of 3 July 2003. November 1994,



amending and supplementing Act No. 92/1991 Coll., on conditions for the transfer of

the State property to other persons, as amended by Act No. 92/1992 Coll., Act No.

264/1992 Coll., Constitutional Act No. 541/1992 Coll., Act No. 5/1992 Coll.,

Act No. 210/1993 Coll. and Act No. 306/1993 Coll., Act of the Czech national

Council No. 171/1991 Coll., on the scope of the authorities of the Czech Republic in matters

transfers of assets to other persons and the national property Fund of the Czech

Republic, as amended by the Act of the Czech National Council No. 285/1991 Coll., Act

The Czech National Council No. 438/1991 Coll., the Czech National Council Act No.

569/1991 Coll., Act of the Czech National Council No. 282/1992 Coll. and Act No.

210/1993 Coll. supplementing Act No. 328/1991 Coll., on bankruptcy and settlement,

as amended by Act No. 122/1993 Coll., Act No. 42/1994 Coll., Act No.

74/1994 Coll., Act No. 117/1994 Coll. and Act No. 156/1994 Coll., and act

No 166/1993 Coll. on the Supreme Audit Office, as amended by Act No.

331/1993 Coll. and Act No 117/1994 Coll.



Change: 179/2005 Sb.



Change: 296/2007 Sb.



Parliament has passed the following Act of the Czech Republic:



Article. (I)



Act No. 92/1991 Coll., on conditions for the transfer of State assets to other persons,

as amended by Act No. 92/1992 Coll., Act No. 264/1992 Coll., constitutional

Act No. 541/1992 Coll., Act No. 5/1992 Coll., Act No. 210/1993 Coll.

and Act No. 306/1993 Coll., shall be amended and supplemented as follows:



1. In article 1 (1). 1, after the word "organizations", the words "or property

the State in the use of the Organization, whose founder is the village ".



2. In section 10, paragraph 1. 8 at the end of this sentence added:



"If the privatization method to insert into the privatisation of commercial

the company, in accordance with paragraph 7, you can proceed to the transfer of ownership

the participation of the Fund to the business of the company to another person. ".



3. In article 14, paragraph 1, the following new paragraphs 2, 3 and 4, which

including notes no ^ 5b) and ^ 5 c):



"(2) a public auction organized by the Fund, which also appoints the auctioneer.



(3) the conditions for the public sale of the Fund must publicly declare in the form

auction regulations while operating the unit with display card ^ 5b) at least

30 days prior to the date of the auction.



(4) the Fund may, to organization and realization of the security of public auctions

use the persons who have the authority to do so under the Special

^ 5 c of the code.)



5B) section 4 (4). 3 of the law No 427/1990 Coll., as amended.



5 c) Act No. 455/1991 Coll., on trades, as amended by

amended. ".



The current paragraph 2 shall become paragraph 5.



4. under section 14 shall be added to § 14a, which including notes no. ^ 5 d) is added:



"§ 14a



(1) if the Corporation in accordance with the decision on privatization, and the statutes of the

employee shares, which have been fully paid up in the formation of the company,

It is their first acquirer ^ 5 d) Fund or Land Fund of the Czech

the Republic, which was founded by joint-stock company, and for a maximum of 120

days from the date of their issue.



(2) within the time limit referred to in paragraph 1, the Fund or Land Fund of the Czech

the Republic obliged to convert such shares ownership of the joint-stock company.

Unless within this time limit the transfer of all the shares must be transformed

employee shares changed on the shares or on the owner, and

at the latest six months, starting from the first day of the month following

After the expiry of the period referred to in paragraph 1.



(3) in the case of employee shares to be issued pursuant to the decision on privatization

participation of the State, paragraphs 1 and 2 shall apply mutatis mutandis.



5 d) § 5 (3). the CZECH NATIONAL COUNCIL Act No. 591/1992 Coll., on the securities in the

amended. ".



5. In section 15(2). 3 at the end of connect these sentences:



"The creditor the purchaser may demand the privatisation meet

obligations incurred before the 13. in August 1993, which were transferred to the acquirer in the

the framework of privatization, to the Fund after the exhaustion of all remedies

against the licensee of privatised assets, including the enforcement of decisions and

the bankruptcy. For liabilities incurred after that date does not guarantee Fund. ".



6. section 45, the following paragraph 8 is added:



"(8) the undertakings cannot establish a lien to the property, which was

submitted to the privatization project. ".



7. In section 47b paragraph. 1, in the first sentence, the words "you made are deleted

the competent authorities of the republics ".



8. In section 47b paragraph. 2 the dot at the end of the sentence is replaced by a comma and connect

with the following words: "unless otherwise provided by this Act.".



9. section 47b, the following paragraphs 3 and 4 are added:



"(3) the auction referred to in paragraph 1 shall organise the liquidator, who also appoints

auctioneer.



(4) the conditions for the public sale of the liquidator has publicly to declare in the form

auction order with posting it jednotky5b at least operating cards)

30 days prior to the date of the auction. ".



10. under section 47b of the following new section 47c, as follows:



"§ 47c



On the entry side of the undertaking with the property, which was submitted to the

the privatisation project, into liquidation may decide only to founder

the consent of the Ministry. ".



Article II



cancelled



Article. (III)



cancelled



Article IV



Act No. 166/1993 Coll. on the Supreme Audit Office, as amended by Act No.

331/1993 Coll. and Act No 117//1994 Coll., shall be added as follows:



section 3, the following paragraph 5, including the notes no ^ 1b) is added:



"(5) the Managing State property for the purposes of this Act, means the

and management of the property, which switched to the national property Fund by

special legislation. ^ 1b)



1B) of section 11 (1). 2 of Act No. 92/1991 Coll., on conditions for the transfer of assets

State to another person, in the wording of Act No. 210/1993 Coll., section 5 of the CZECH NATIONAL COUNCIL Act No.

171/1991 Coll., on the scope of the authorities of the Czech Republic in matters of transfers

the State assets to other persons and the national property Fund of the Czech

Republic, as amended. ".



Article. In



The provisions of § 14a pursuant to article. And section 4 of this Act shall apply mutatis mutandis to the

employee shares, which were issued in the name of the national property Fund

The Czech Republic or the Land Fund of the Czech Republic on the date of effectiveness of the

This law, or to the employee shares, which in the name of the Fund

the national property Fund of the Czech Republic or the land of the Czech

Republic to be issued according to the memorandum, if they are to

the effective date of this Act, registered in the commercial register, with the fact that

the period referred to in section 14a paragraph. 1 shall start to run on the date of effectiveness of this

the law. However, if the employee shares issued on the name of the Fund

the national property Fund of the Czech Republic or the land of the Czech

Republic of more than 120 days prior to the effectiveness of this law, shall be reduced to

This period of 60 days.



Article VI



This Act shall take effect on the date of publication.



Uhde in r.



Havel in r.



Klaus r.