About The Liquidation Of The Company, "the Central Bank Of The German Savings Banks"

Original Language Title: o likvidaci společnosti "Ústřední banka německých spořitelen"

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=6758&nr=338~2F1936~20Sb.&ft=txt

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.