338/1936 Sb.
Government Regulation
of 18 May. December, 1936
on disposal of the company "Central Bank of the German savings banks in
Republic of Czechoslovakia "(" the Centralbank der deutschen Sparkassen in der
Čechoslovakischen Republik ") in Prague and" Federal Bank, Karlovy Vary
the company s r. o. " ("Karlsbader Vereinsbank, Gesellschaft m. b. h.") in
Karlovy Vary.
The Government of the Czechoslovak Republic ordered under art. Even the Act of 21 March.
June 1934, no. 109 Coll. and n., of extraordinary regulatory powers, as amended by
the Act of 17 May. June 1936, no. 163 Coll. and n.:
§ 1
(1) joint-stock company "Central Bank of the German savings banks in the Republic of
The Czechoslovak "in Prague (hereinafter the" Bank ") and a limited company obmezeným
"Federal Bank, the Karlovy Vary company with r. o." in Karlovy Vary
(the "company") shall be deleted and shall enter into liquidation under this
Regulation; resolution of the general meeting of shareholders of the Bank as regards,
the general meeting of shareholders of this company, unity is not.
(2) the cancellation of the Bank and the company opoví for registration in the commercial register
and their disposal makes a cash savings headquarters of Czechoslovak
(Government regulation of 18 December 1936, no. 337 Coll. and n.
money savings) by the Czechoslovak headquarters of other provisions.
Organ bank and the cancellation of the registration of the company in the commercial register
cease to exist.
(3) cancellation of the Vyhlásiti banks and companies in the public and
call upon their lender to report, is not needed.
§ 2
Assets (accounts receivable and other assets as well as liabilities) of the Bank and
the company consists of a common winding-up essence.
§ 3
(1) Claims:
and) cash,
(b)) Furthermore, where paragraph 4 does not otherwise, which have as their object the valuable
the papers, in which the cause was the Bank (the company) given authorisation to
any waste (§ 3 and § 8, paragraph 1 of the law dated 10 October 1924,
# 241 Coll. and n., on the obligations of the bankers in the custody of the securities)
even with any subject,
(c)) as well as all other non-monetary, incurred against the Bank in front of
day 16. March 1933 (the "record date"), and in bankruptcy would belong to the
the third class is the equal of the bonds pursuant to § 5, issued in an amount
whose nominal value is equal to the balance of the claims referred to in
the record date, including interest, on the same day; the balance of the claims referred
in-kind is that according to a (market) value that it had subject
the performance of these claims on the fixing date, including accessories in the same
of the day. Deposits to passbook, which arguably belong from
the vesting date of needy depositors, which is less than the amount of the pension
subject to tax, pension, as well as trade union organisací and other deposits
charitable and social facilities, shall be paid in cash the amount
equal to 70% of the balance of these deposits, however not exceeding an amount of Czk 5,000,
and the rest, if what, aligned with the bonds, as the previous sentence
establishes. Payment of all other claims referred to first
partly or wholly in cash may be done only with the permission of the Government, if the
It will be absolutely necessary in a State of technical causes, or
If it vyžadovati the reasons worthy of special consideration, especially
go to organisací and equipment deposits first mentioned; If after a time
the Government has to pay a higher proportion of the amounts, which is paid in
cash, sraziti 30%.
(2) with such claims can be kompensovati mutual claims of the Bank
(the company) only within the conditions laid down in articles 22 and 23 of the composition
the order, for the opening day of the composition proceedings is thought me
the record date referred to in paragraph 1. In the case of kompensace is when you
the settlement of the claim (paragraph 1) přihlédnouti to the rest of its
the balance.
(3) if the Bank has provided (the company) after the closing date of the claim,
referred to in paragraph 1, the lease (backup), albeit with the proviso that
loaned reallocated during the final edit of her relationships to the remuneration
all claims of creditors against it, shall be deducted from the amount of
the bonds, which, pursuant to the provisions of paragraph 1 to compensate for this
claims fall, bonds in the amount of the exchange rate, the value of
calculated according to the rate of 70 equals the amount of the lease in question (backup).
The same is true if they have been issued to the creditor for such claim, albeit with
provided subject to the securities or other values of a price; for
the calculation of the amount of the bond, which is odečísti, is there a rozhodna amount,
that is equal to the value of the exchange rate at which the securities concerned, or should
different values according to the course of the day, when lenders were released, or if no
such a course, according to the latest rate before that date, including
Accessories for the day, when lenders were released.
§ 4
(1) financial institutions are eligible to have their claim, which
the subject securities, in which the cause was prior to the reference date (section 3,
paragraph. 1) determined by the Bank (the company's) mandate to any loading, albeit
with any subject, has been applied in accordance with section 3, so that it receives
the affected securities of the same kind and quantity, but without kuponových
proceeds for the period from the vesting day to 31. December, 1936, when in
the cash amount that is equal to the exchange rate value of these securities
papers, which should, according to rate on the fixing date or, if no such
the course, according to the latest rate before that date, including kuponových
the net proceeds to the effective date.
(2) the amount referred to in paragraph 1, after the case for the rest of the
After the implementation of kompensace (section 3, paragraph 2),
the Monetary Institute of the bonds, according to § 5, issued in quantity
the value calculated according to the rate of 70 is equal to this amount, if it relates to,
This remnant.
(3) if the Bank has provided (the company) after the closing date of the claim,
referred to in paragraph 1, the lease (backup), albeit with the proviso that
loaned reallocated during the final edit of her relationships to the remuneration
all claims of financial institution against it, or if,
even with that caveat, the Monetary Institute on such debt securities
papers or other values of a price, shall be deducted from the amount of
the bonds, which according to the provisions of paragraph 2 to collect the concerned
the Monetary Institute, bonds in a quantity whose value calculated in accordance with
rate of 70 equals the amount the lease concerned (backup), with respect to,
Exchange rate value, what should the affected securities or other value
According to the course of the day, which the Monetary Institute issued, or if no
such a course, according to the latest rate before that date, including
Accessories until the day when they were concerned of the Monetary Institute released.
§ 5
(1) to the settlement of claims and the amounts in sections 3 and 4 of those issues a cash
the headquarters of Czechoslovak savings banks bonds to 600, 000,000 Czk
the nominal value of the owner of the sounding, zúročitelné 3% once a year
behind from the 1. January 1936. The bonds will be redeemed in 40 years,
starting with the year of 1947, according to the plan, drawn up for option's redemption on the basis
the same annual annuity payments including interest and capital repayments;
redemption will be drawing or purchasing konati on the free market for the
normal price below the nominal value. Correct the capitalisation and amortisation
These bonds shall be liable in the alternative State. These bonds may be
used to saving money úročnému poštovní spořitelna, foundations and
institutions that are subject to public supervision, and also to save money
wards per guardian and opatrovanců, as well as money depository receipts and finally up to
bursovního rates, but not over the nominal value for the business and
business deposit.
(2) the bonds referred to in paragraph 1, which have been applied to the claims
financial institutions and insurance institutions, remain in custody in the name of
the Institute concerned for ten years with a postal savings bank in Prague. To
the validity of the transfer of the following bonds lodged legal actions between the
the living and the validity of the lease on them is needed the consent of the monetary
the headquarters of Czechoslovak savings banks.
(3) the monetary Constitution and the Constitution of an insurance bond in paragraph 1 may
referred to, which were acquired under the provisions of § § 3 or 4, bilancovati in
the value of the nominal.
§ 6
(1) the resources required for the addition of interest and repayment of the bonds pursuant to § 5
issued by the result:
and revenue and gradual) the realisation of the assets of the common
winding-up (section 2) that remains after the payment of the costs of the liquidation
United (paragraph 3) and after the satisfaction or securing of rights, claims,
as well as the claims by this regulation untouched (section 7);
(b) cash contributions) headquarters of Czechoslovak savings banks (section 3 of the vl.
the CLP regulation. No 337/1936 Coll. and n.).
(2) if the funds to pay for the extra spending with the liquidation of the United and to
cover the common needs of the interest rate and the repayment period on partial bonds
were not sufficient, the State doplňovati is the necessary backups.
(3) the headquarters of Czechoslovak savings banks belong to the Monetary compensation
finished with the liquidation expenses, if these expenses are necessary and
expedient; Furthermore, it is for the implementation of the liquidation of the remuneration under the conditions and
increasingly, as determined by the Government after hearing of its Board of Directors.
(4) Cash liquidation, if they are not used for purposes
liquidation, is uložiti in terms of readily marketable what
for the best bargains, at least on the interest rate determined in accordance with article 2, paragraph 1. 2 vl.
the CLP regulation. No 337/1936 Coll. and n.
(5) the cash savings is required to the headquarters of the Czechoslovak dbáti to
assets (receivables and other property components as well as the liabilities) of the common
liquidation was separated from his own capital and separately
charged, and sestavovati 30. April the accounts of this nature
for the previous year. These statements are subject to the approval of the Ministry of finance
in the agreement with the Ministry of the Interior and the highest accounting authority.
(6) the Ministry of finance are supervised by the Department and through revisní revisního
důvěrnického communities (section 18 of the Act of 10 October 1924, no. 239
Coll. and n., holding books (Epistles), stock banks and about
revisi banking institutions, as amended by the Act of 21 March. April 1932, no. 54
Coll. and n.), if properly carried out the liquidation.
§ 7
(1) this Regulation shall not affect the rights of the owners of bonds and
municipal promissory notes issued by the Bank; the management of these bonds
sheets and promissory notes as well as the assets, used for their
preferred payment, will take over until the full redemption of cash
the headquarters of Czechoslovak savings banks. This also takes in the headquarters
management of resources and property values, which are the assets of the pensijního Fund
the Bank, with a joint resource from the liquidation to the needed
the amount, which is determined by the Ministry of social welfare, in agreement with
the Ministry of finance, and uses them to satisfy claims against the
pertaining to this Fund.
(2) in addition, this Regulation shall not affect:
and preferential rights) rights according to § 6, paragraph 1(a). 3 of the law of 10 June 1999.
October 1924, no. 240 Coll. and n., a příročí to protect the financial institutions and
their creditors;
(b)) other rights to separate satisfaction and rights of exclusion, if
It can exercise these rights if it was initiated about self-determination
assets of the Bank on 16. March 1933 and the company's stock on 21 February 2006. March
1933;
(c) other claims than in) § 3, para. 1 and article 4, paragraph 2. 1 referred to.
§ 8
(1) the date from which it will be possible to exercise the claims for satisfaction according to § §
3 and 4, the Minister of finance in the collection of laws and regulations. Into this
day of the period of limitation shall stop, as well as all other time limits which are
set to a resolution of the acts necessary for the implementation or maintenance of the
These claims.
(2) any claims against the Bank (the company) that will not be applied
until 31 December 2006. in December 1946, cease to exist, if previously nepromlčí, this
on the day for the benefit of the common winding-up (2).
§ 9
(1) where this regulation does not otherwise, is true of this disposal
legislation on the disposal of public limited companies as regards,
disposal of companies with limited liability company obmezeným with that real estate
belonging to the liquidation may not be disposed of by public
the auction.
(2) the provisions of the articles of Association of the Bank and of the social contract of the company about their
disposal does not apply here.
§ 10
(1) Administration, official acts, legal acts and instruments, which is
need to perform liquidation under this regulation, excluding
trial court and bills-exempt from stamp and fees, as well as
from the levy for official acts, of the Charter in so far as he pointed them to the
any other purpose.
(2) bonds issued pursuant to section 5 shall be exempt from fees and their
interest and fees as well as from the tax rentové.
(3) the transfer of immovable property or shares in real estate, needed to
carrying out the liquidation under this regulation is exempt from municipal
benefits of real estate values.
§ 11
This Regulation shall enter into force on 1 January 2000. January 1937; does the Minister
of finance in agreement with the ministry of the Interior, justice and social welfare.
Dr. Edvard Beneš in r.
Dr. Hoxha in r.
Dr. Krofta in r.
Dr. E Z in r.
Dr. Black in r.
Anitha m v r.
Dr. Kalfus in r.
Nečas in r.
Dr. Franke in r.
Dr. Czech r.
Dr. Dérer, in r.
Bold in r.
Najman in r.
Dr. Sramek v. r.
Bechyně in r.
Dr. Spina in r.
Dostálek in r.
Nona z in r.