Amendment Of The Act Concerning The Conditions Of The Transfer Of State Assets To Other Persons

Original Language Title: novela zákona o podmínkách převodu majetku státu na jiné osoby

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=41097&nr=210~2F1993~20Sb.&ft=txt

210/1993 Coll.



LAW



of 8 June. July 1993, amending and supplementing Act No. 92/1991

Coll., on conditions for the transfer of State assets to other persons, as amended by law

No. 92/1992 Coll., Act No. 264/1992 Coll., Act No. 541/1992 Coll. and act

No 544/1992 Coll., Act of the Czech National Council No. 171/1991 Coll., on the scope of the

the authorities of the Czech Republic in matters relating to transfers of State assets to other persons and

the national property Fund of the Czech Republic, as amended by the law of the Czech

the National Council No 285/1991 Coll., Act of the Czech National Council No. 438/1991

Coll., Act of the Czech National Council No. 569/1991 Coll. and Act No. 283/1992

Coll., and amended Act No. 265/1992 Coll., on the registrations of property and other

rights in rem in immovable property



Change: 179/2005 Sb.



Change: 256/2013 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., Act No.

541/1992 Coll. and Act No 544/1992 Coll., shall be amended and supplemented as follows:



1. In article 1 (1). 1 are deleted the words "State insurance company", the word

"Czechoslovak" shall be replaced by the word "Czech" and for the words "(hereinafter referred to as

"the undertaking") "shall be inserted the words" or who is in the management of the Land Fund

The Czech Republic ".



2. Footnote 4):



"the law of the CZECH NATIONAL COUNCIL No. 4) 500/1990 Coll., on the scope of the authorities of the Czech Republic in

matters of State ownership transfers to some of the things on the other legal

or natural persons, the CZECH NATIONAL COUNCIL as amended by law No 438/1991 Coll., the CZECH NATIONAL COUNCIL Act No.

282/1992 Coll., the CZECH NATIONAL COUNCIL Act No. 473/1992 Coll. and Act No. 170/1993 Coll. ".



3. section 5 is added:



"§ 5



The decision on privatization and privatization projects



The transfer of assets under this Act shall be carried out in accordance with the decision of the

the privatization of the firm or of its parts, or by decision of the

the privatization of State equity in the business of other legal persons

(hereinafter referred to as "decision on privatization"), issued on the basis of a proposal

privatization project. ".



4. In section 6 (1). 1 are deleted letters) and k). Letter j)

referred to as the letter i), the words "the Federal Office for inventions"

deleted and replaced with the words "industrial property office".



5. In section 6 paragraph 2 deleted. The former paragraph 3 shall become

paragraph (2).



6. § 6a of paragraph 1. 1:



"(1) for the enterprises, which were the proposals for privatization projects presented

29. February 1992, shall ensure that the assessment of the commitments the company founder

the environmental certificate by the Ministry of the environment

environment. This evaluation shall transmit to the founder of the Department of administration

national property and its privatization (hereinafter referred to as "the Ministry") against

the decision about the privatisation. "



7. In article 7, paragraph 3 is replaced by a dot at the end of the sentence with a semicolon and

connect the words "Similarly can proceed against the founders of the

Ministry. ".



The following paragraph 4 is added:



"(4) the deadline for the submission of proposals for privatization projects provides for

Ministry. ".



8. In section 7 (2). 5, the words "s) and also according to the nature of things the data according to the

the letters also) and the information referred to in paragraph 2 (a). (d)) "shall be replaced

the text "),". In the last sentence of paragraph 5, the following sentence shall be added:

"The obligation to provide data only for the duration of the undertaking, when the time limit for

the submission of proposals for privatization projects on its property, after this

the time limit may, founder of the save the company the obligation to further synergies when

the provision of data related to privatisation. ".



9. section 8 (2). 1:



"(1) Founder shall examine all proposals submitted and privatization

projects and submit them to the Ministry with its opinion within the time limit

the Ministry specified. ".



10. In section 9 paragraph 1 is deleted. In paragraph 2, after the word

"preparation" shall be inserted the word "proposals" and the words "or of the Government of the Slovak

Republic (hereinafter referred to as "Government of republik") and submit it to the competent

the authority of the State administration of the Republic "shall be replaced by the words" (hereinafter referred to as "the Government")

and submit it to the Ministry. " Paragraphs 2, 3 and 4 shall indicate the

as paragraphs 1, 2 and 3.



11. section 10 reads as follows:



"§ 10



A decision on the privatisation of



(1) a decision on the privatisation of the direct sales outside the public auction

the Government issued on the proposal of the Ministry. The decision on privatization in other

the Government's may reserve matters.



(2) the decision on privatization not mentioned in paragraph 1 shall be issued by

the Ministry.



(3) On making a decision about the privatisation is not covered by the General provisions on the

administrative proceedings. This decision is not subject to review by the Court.



(4) decisions on the privatization of the public and within the account

to all privatisation projects presented on the given property or

ownership interest in the business of other legal persons within a specified period.

The decision on privatization must be in writing and must be delivered to the

the processor of the privatization project, which was this decision

selected for implementation. Processors of other privatization projects,

to which this decision relates, must be notified in writing about how

privatisation and that their decision on the privatization project

privatization for implementation has not been selected.



(5) the decision on privatization may also cover part of the assets of the solved

the design of the privatization project.



(6) the authority competent to decide on privatization may by decision of the

change the terms of the privatization, the extent and the way of privatization that is contained in the

the design of the privatization project.



(7) the decision of the competent authority responsible for the privatization of its release change

only in cases where, after the release of the decision come out subsequently found

serious facts, which were not known at the time of issue of the decision on the

privatization, and should the original decision on the privatization of a substantial

the influence of the.



(8) in accordance with paragraph 7 can proceed only to the transfer of private

the assets of the national property Fund of the Czech Republic (hereinafter referred to as "the Fund"). ".



12. under section 10, the following section 10a is inserted:



"§ 10a



(1) a decision on the privatisation of the company contains



and) project identification,



(b) the designation of the approved methods of privatization),



(c) the book value of each asset) separately privatised

units corresponding to the privatizačnímu project, which was this

the decision is intended to implement,



(d) in the case of the existence of the asset) unusable for business purposes

its book value after deduction of any revenues from the implementation of, and

the way of loading with this property,



(e)), the fact that the transfer of the values of the property is

associated emergence of a new commitment of the transferee, indicating its scope and

sanctions for its failure to perform,



(f)), the fact that the privatisation or part of the project will be

implemented the Land Fund of the Czech Republic,



(g)), the fact that in the framework of the privatisation project

free of charge transferred multi-purpose warehouses and civil protection assets,



(h)), the fact that the Fund shall conclude, on the basis of the decision of the Government, with

the purchaser contract for payment of the costs incurred on settlement

environmental liabilities incurred prior to privatization,



and any other conditions of application) of the privatization project.



(2) the decision on the privatization of direct selling in advance of the intended transferee

contains in addition to the particulars referred to in paragraph 1



and the transferee) privatisation with reference to its identification

or social security number,



(b)) the method of determining the purchase price; If the purchase price is fixed by agreement,

Enter the absolute amount,



(c)) the payment terms, including their security.



(3) a decision on the privatisation of public competitions in addition to

the formalities referred to in paragraph 1



and conditions of the competition and the public) criteria for the assessment of their performance,



(b) definition of the circle of participants in the competition).



(4) the decision on privatization by inserting the privatisation in

the business of the company with the subsequent privatization of its shares

or shares and a decision on the privatisation of equity State contains

In addition to the particulars referred to in paragraph 1



and the way the privatization of shares) (shares), expressed as the percentage

the shares of the individual methods of privatisation shares (shares),

where appropriate, the percentages sold, individual nabyvatelům



(b)) the existence of specific rights, stock



(c) any change in the proposal) cast of the institutions trading company,



(d)) sale of shares (share) at an agreed purchase price price

one share (share) or an agreed total price.



(5) the annex to the decision on the privatization of the selected project

privatization for implementation is an inventory of the immovable property according to the data

the land register of the Czech Republic. ^ 4 c)



(6) for the privatisation project, participation can be a decision on the privatisation of

Save Fund to ensure the sale of the property, or a person authorized to

in accordance with special regulations. 2) this decision shall ensure that in the performance of the Fund

the rights of shareholders. ^ 4 d) "



13. Footnote No. 4 c) and 4 d):



"4 c) section 5 of the CZECH NATIONAL COUNCIL Act No. 344/1992 Coll., on the Czech real estate

Republic (cadastral law).



"4 d) of section 187 of Act No. 513/1991 Coll., the commercial code, as amended by Act No.

264/1992 Coll. and CZECH NATIONAL COUNCIL Act No. 591/1992 Coll. ".



14. the title of part III:



"THE THIRD PART



Transition of privatisation of the national property Fund of the Czech

Republic and the use of his property ".



15. section 11 is added:



"section 11



(1) in accordance with the decision on the privatization of the company founder cancels the
company without liquidation or cut part of the property of the undertaking on the date specified

By the Fund.



(2) the date of cancellation of an undertaking or part of the assets of the undertaking on the date of the exemption

passes the privatized assets to the Fund.



(3) before the cancellation of the undertaking or part of the assets of the undertaking on the date of exclusion shall be disposed of

business with the property unusable for commercial purposes [section 6 (1)

(a). (c) in accordance with decision)], privatization, if it is not on the basis of the

This decision, taken into account in the determination of the purchase price.



(4) the founder of the company not be booked off part of the property, which consists of or with which the

are linked to the rights of industrial or other intellectual property rights [section

6 (1). 1 (a). even)]. These rights and assets of a firm contract on converts

the acquirer privatised assets.



(5) in accordance with the decision on the privatisation of equity in the

the business of other legal persons transferred State administration authorities and municipalities

on the date designated by the Fund to Fund these investments. ".



16. In section 12, paragraph. 1 the words "and the funds of the Republics (hereinafter" the funds ")"

deleted and the words "national budgets" are replaced by the words "State

the budget ". In paragraph 2, the word "funds" shall be replaced by the word "Fund" and

the words "approved privatisation projects" are replaced by the words "with the

decisions about privatization, in particular ". Paragraph 3 is deleted. In

paragraphs 4 and 5, the word "funds" shall be replaced by the word "Fund", and these

paragraph shall become paragraphs 3 and 4.



17. The footnote No. 5) and 5a):



"5) Law No 513/1991 Coll., as amended.



5A) CNR Law No. 569/1991 Coll., on Plots of the Fund of the Czech Republic. ".



Footnote 6) is deleted.



18. section 13 is deleted.



19. In section 14, paragraph. 1 the words "carry out funds" shall be replaced by the words

"the Fund is carried out".



20. In section 14, paragraph. 2 the word "capital" is replaced by "Fortune" and the words

"they follow the funds" are replaced by the words "proceeds Fund". At the end of the first

the sentence will be replaced by a comma and dot are the following words: "and with

derogations laid down by this law ". The second sentence is deleted.



21. In section 15(2). 3, after the word "creditors", a comma is replaced by a dot and the

the rest of the sentence is deleted.



22. footnote No 7) reads:



"7) Act No. 40/1964 Coll., the civil code, as amended

regulations. ".



23. In section 17 is at the end of the following sentence is added: "this does not apply in the case of

When is the way to the settlement of the claim beneficiaries, the assets (§

47). ".



24. In section 18, the word "capital" is replaced by "Fortune".



25. In section 19, paragraph. 1 the word "Fund" shall be replaced by the word "Fund".



26. § 19 paragraph. 3:



"(3) the right of ownership to things from the privatised assets passes on

on the day stipulated by the transferee, the effectiveness of the contract or when the deposit real estate

the assets of the company on the date of formation of the company or in

public auction auctioneer hammer, except in cases covered by

special provision. ^ 8) Into the real estate cadastre is in these cases

performs write record. ^ 9) ".



Connect with paragraphs 4 and 5 shall be added:



"(4) the rights of third persons to the property which is the subject of the sale or

the deposit under this Act, are not affected, with the exception of the provisions of § 45

paragraph. 7.



(5) if in the implementation of the decision on the privatization of the mutual

joint ownership, the transferee cannot apply to the Fund or

Land Fund of the Czech Republic according to special pre-emptive right

legislation. ^ 10). "



Footnote No 8), 9) and 10) are added:



"8) § 8 paragraph. 4 of law No 63/1991 Coll., on the protection of economic competition,

as amended by Act No. 495/1992 Sb.



9) section 7 of the Act No. 265/1992 Coll., on the registrations of ownership and other substantive

rights to property.



10) section 140 of the civil code. ".



27. In section 21, in the first sentence, the word "Fund" shall be replaced by the word "Fund" and

the word "undertaking" connecting the words "If the Fund decides otherwise". In

the second sentence, the word "Fund" shall be replaced by the word "Fund".



28. the title of part four:



"PART FOUR



The transfer of assets with the use of investment coupons ".



29. section 22:



"§ 22



(1) the transfer of ownership to another person can be

investment coupons (hereinafter referred to as "coupon").



(2) the coupon is for purposes of this Act in the name of security, which

warrants to purchase stock for sale for the coupons.



(3) the date of issue of the fixed coupon is the day which the coupon book

in favour of the owner of the registered within the time limit laid down by the Ministry of

finance for the numbered system of special sites (hereinafter referred to as

"place of registration"). The registration of the place of their list is established

published by the Ministry of finance. Registration carried out outside this period,

If this law or special regulation provides otherwise, it is invalid.



(4) in the case of temporary lack of coupon books issue

the Ministry of Finance of the replacement registration card. To claim

under section 24, paragraph. 2 the time limit set by the Ministry of finance will replace

replacement registration card registering coupon books.



(5) upon registration of the coupon books, the citizen may be represented by a physical

or legal person on the basis of a written power of attorney with officially certified

the signature of the principal.



(6) with the exception of the use of the coupon under section 24, paragraph. 3 (b). (c)) is a coupon

non-transferable and the rights associated with it are propagated only to heirs. Coupon

You cannot redeem. ".



30. In section 23, paragraph. 1 the word "coupons" shall be replaced by the words "coupon

Books ". In paragraph 2, the words "the competent authority of the State administration

of the Republic "shall be replaced by the words" Ministry of finance ".



31. In section 23, paragraph. 3, the words "Republic of the Fund" shall be replaced by

The "Fund".



32. under section 23 shall be inserted a new section 23a is inserted:



"§ 23a



(1) the Coupons are valid for ten months from the date of their issue. This time limit

the Ministry of finance may be extended.



(2) the date of issue coupons provides the Ministry of finance in agreement with the

Ministry. ".



33. section 24 of including a footnote No. 10a) is inserted:



"§ 24



(1) the right to acquire the coupon every citizen of the Czech Republic with permanent

residents on its territory, that no later than the last day of the period

laid down by the Ministry of finance to register coupon books

reach the eighteenth year of his age.



(2) the overall range of the settled order shares for one owner

coupon and one of the privatisation wave is less than 1000 investment points.



(3) every owner shall be entitled to the relevant coupon emissions the use of investment

points in the relevant privatization wave



and the purchase of any shares) stock company, whose shareholder is

The Fund for this purpose, included in the list of shares of public limited companies (section

24 c, paragraph. 2)



(b) for the purchase of any shares) stock company, whose shareholder is

Land Fund of the Czech Republic, inserted for this purpose to the list

shares of public limited companies (section 24 c (2)),



(c)) to obtain the participation of the investment funds, the ^ 10a) listed for this

the purpose of the list to the Ministry of finance, or to obtain a share of the assets

mutual funds set up for the 10a) the privatization wave

investment companies ("mutual funds"), classified for

the purpose of the list to the Ministry of finance.



(4) ways to use investment points referred to in paragraph 3 can be applied

in parallel.



(5) as set out in paragraph 3 (b). (c)), you can use the investment points

only in the time period before the start of the privatisation wave which lays down

the Ministry of finance in agreement with the Ministry (hereinafter referred to as "qualifying round").



(6) if the mutual funds referred to in paragraph 3 (b). (c)) as

funds open ^ 10a) participant may exercise the right to resale

share certificate as soon as possible after the expiry of one year from the transfer of shares

purchased for investment body empowered.



10A) Act No. 248/1992 Coll., on investment companies and investment

funds, as amended by law no CNR. 591/1992 Coll. ".



34. under section 24, the following new section 24a, 24b and 24 c, including notes

footnote No. 10b):



"§ 24a



(1) preliminary round is not part of the privatization wave. It does not start,

until the published list of investment and mutual funds, which

It is possible to pass investment points for ordering shares for the coupons.

Qualifying round cannot end before the publication of the list referred to in section 24 c of paragraph 1. 2.



(2) The list referred to in section 24, paragraph. 3 (b). (c) the Ministry of Finance) writes

Investment Fund, which shall submit a document that is registered in the commercial

the register. The mutual fund shall submit, in addition to the proof of registration of the investment

the company, which is set up in the commercial register, whether or not the document of

the identification number shall be assigned to him at the request of the statistical

authority. ^ 10b)



(3) the registration site and the deadline to register an investment and

the Fund is empowered to designate the Ministry of finance.



section 24b



The Ministry of finance is leading a central repository of coupons, carried out on the

request to change the registration point, specifies the workplace for ordering

of shares (hereinafter referred to as "mail room"), leads the central register of orders of shares

and specifies the amount of time that remains with the clerk of the appropriate part of the coupon

the sheet on which the order is made.



§ 24 c



(1) no later than at the start of the period defined for the register

coupon books, the Ministry shall draw up and publish, for each

the privatization wave of the preliminary list of undertakings and participating interests of States

intended for privatisation with the use of investment coupons.
(2) the Ministry of Finance shall publish the basic information about stock

the companies, whose shares are in the appropriate privatization wave

offered for investment coupons (hereinafter referred to as "stock list"). The list of shares

based on the list referred to in paragraph 1 and the Ministry of finance can

before the publication of the amended on the basis of the findings of the actual

the number of registered coupon books or other serious reasons.

The Ministry of Finance shall publish the list of shares before the competent

the privatization wave. Update the list of shares from the standpoint of the menu

the Ministry of Finance shall be published after the end of each round, the competent

the privatization wave.



(3) the information published to an indicative character and cannot be

considered the proposal of the Treaty according to the law.



10B) section 3 (3). the CZECH NATIONAL COUNCIL Act No. 278/1992 Coll., on State statistics. ".



35. section 25 reads:



"section 25



(1) the privatisation wave is a period of time, which determines the beginning and the end

the Ministry of finance in agreement with the Ministry, and during which the

owners of investment vouchers to exercise his entitlement to shares, intended for

Sales for the coupons.



(2) the privatisation wave is broken down on the privatisation of the round.



(3) the beginning and the end of the privatization of the wheels, the offer of shares, shares,

their publication, the beginning and the end of the order the period of privatization

the wheels of the Ministry of Finance shall determine in agreement with the Ministry. ".



36. section 26 is added:



"section 26



(1) the Ministry of Finance shall, in case of doubt,



and registration is carried out) valid and which of multiple registrations in

one coupon is the first owner,



(b)) is ordering stock or transfer of investment points to investment

or empowered carried out as laid down in this Act or the

a special regulation.



(2) the Ministry of finance is authorized to reconcile the content of orders

the owners of the investment shares with entitlement coupon, if the orders

the claim of the owner of the investment exceeded the coupon under section 24, paragraph. 2.

the Ministry of finance always prefers the previously submitted order before

order shares have been filed later. At the time of matching orders

shares, the Finance Ministry will decide on the validity of a specific order. ".



37. under section 26 the following new section 26a, 26b and 26 c, including notes

footnote No. 10 c) are added:



"§ 26a



(1) investment funds for investment, taken from the owner points

fixed coupon purchases shares with the fact that these shares, together with the

the other follows the purchased shares will be used to increase the basic

the assets of an investment fund. Investment Fund will issue coupons to owners who

He handed over his shares to the investment body, the total value of the corresponding

Thus the increased assets. Each of these owners is entitled to

the shares of the investment fund at their nominal value, which corresponds to the ratio of the

the number of points it passed investment to total investment

the points passed by this Fund. The method of valuation of the shares purchased for

the Ministry of Finance shall determine the investment points to a special regulation.



(2) the Passing and the takeover of investment points between the owner of the coupon

and investment fund contractual relationship, whose contents are the mutual rights and

the obligations referred to in paragraph 1.



(3) mutual funds for investment points taken from the owners of the investment

coupons buy shares that are the common property of the owners of the coupons.

The method of valuation of the shares purchased for investment, the Ministry shall determine the points

finance special regulation. A mutual fund will issue coupons to owners who

passed investment points, units in the total nominal value of

corresponding to the value of the common property. Each of the owners has

entitled to the units at their nominal value, which corresponds to the ratio of the

the number of points it passed investment to total investment

the points passed by this Fund. The provisions of paragraph 2 shall apply

mutatis mutandis.



(4) the Agreement on the transfer of securities is the surrender ^ 10 c) investment points

investment or empowered manner laid down in the specific

the code.



section 26b



(1) the Ministry of Finance shall determine on the basis of the results of the Central

Guest orders from orders placed within a single

the privatization of the round and that can satisfy you cannot satisfy.



(2) all orders will be Met If the relevant shares

privatisation round aggregate demand for these shares will

their comprehensive menu.



(3) the Neuspokojeny will be in the privatisation the bike order

shares, if the aggregate demand for these shares exceeded their

a comprehensive range of more than 25%.



(4) If in the corresponding round of the privatisation, the demand for stock summary

exceeded their aggregate supply but not more than 25%,

the Ministry of finance may determine that the order applied

investment and mutual funds will be met partly, and relatively

the range of orders imposed by the individual investment and unit trusts

funds. Investment points corresponding to this reduction may investment or

mutual fund used in other privatization rounds.



(5) If you cannot order the shares to satisfy pursuant to paragraphs 2 and 4,

the Ministry of Finance provides that no such orders will not be

met, and these shares, unless it is the last round of privatization,

offer the following privatisation round again.



(6) investment points from orders of unmet in the relevant

privatisation round shall be considered as unused, unless it is the last

privatization round.



section 26 c



(1) in the last stage of each round of privatization Ministry of finance

ensure that the registration point should be the complete information on the number of shares,

in this round, the owners ordered the privatisation of investment coupons

registered for this registration site.



(2) in the last stage of each round of privatization Ministry of finance

shall publish, in the case of which shares could be order under this

wheels and, in the case which satisfied the shares could not be met.



(3) depending on the evolution of supply and demand for the shares of each

joint-stock companies or based on other facts may

the Ministry of finance in agreement with the Ministry to decide on their

the sale or reduction of the supply of the shares within the

the privatization of the round. This decision shall be published by the Ministry of finance.



(4) the Ministry of Finance within one month from the completion of the privatisation

waves in writing shall notify each owner of the investment that the coupon

orders placed during the whole privatisation waves were met.

Also in this report shall notify, the period within which and the manner in which they will be

shares passed.



(5) the investment fund shall, within one month from delivery of shares under the

paragraph 4, notify the owners of investment coupons, who in

předkole commissioned by ordering shares, the number and the nominal value of its

the shares to which they are the owners of coupons entitled. At the same time notify them, in what

the time limit and the manner in which the shares will be issued to them.



(6) the provisions of paragraph 5 shall apply mutatis mutandis for the mutual funds.



(7) the Ministry of finance is entitled to reasonably follow

paragraph 4, if, in the course of the privatisation wave completed the sale of shares

each of the joint-stock company.



10 c) § 13 and 19 of the CZECH NATIONAL COUNCIL Act No. 591/1992 Coll. on securities, as amended by

amended. ".



38. section 41 and 42 are deleted.



39. In section 43, the word "Federal" be deleted and the words "State Bank

the Czechoslovak "shall be replaced by the words" of the Czech National Bank ".



40. section 44, including footnotes, no. 11):



"§ 44



The valuation of the assets of the undertaking, contained in the privatisation project selected

the decision on privatization for implementation, replaced by the valuation of the goods

deposit to the capital stock of the company accompanied by the professional

an estimated and required by special regulations. ^ 11)



§ 163, paragraph 11). 1 (a). (e)) of the commercial code. ".



41. section 45, including footnotes, no. 12) to 15):



"§ 45



(1) undertakings cannot conclude a contract on the transfer of the ownership of assets

used to run their business or other economic

activities, respectively. for cultural and social needs, to which the

they have the right to dispose of the business, its equity on the

business legal persons, nor be based or assets to the business

These persons newly inserted. This does not apply when granting refunds in accordance with

specific regulations. ^ 12)



(2) the exemption from the provisions of the first sentence of paragraph 1 may, in appropriate

the cases enable the Government.



(3) undertakings may conclude a lease contract and other contracts on the use of

the assets referred to in section 1 of the other persons only on the period up to the date of cancellation

company without liquidation or the exclusion of part of the assets of the undertaking referred to in section 11

paragraph. 1. If the above contracts were concluded for a period longer,

the right to use the property on the date of cancellation of the company without liquidation or the date of

exclusion of part of the assets of an undertaking; This does not apply in the case of a contract for the hire of

a non-residential area, on the conclusion of the right under the Special

Regulation 13) and ^ ^ contract on the lease of flats. To this day all right

use the asset arising from agreements concluded before 28. February 1992.



(4) Enterprises as pronajimatelé to conclude the purchase of the hired
things according to the specific legislation. ^ 14) Law of the agreements concluded

before the effective date of this Act shall expire on the date of cancellation of an undertaking without

disposal or removal, part of the assets of the undertaking. The provisions of § 496 commercial

code cannot be used for these contracts.



(5) with the equity State business legal entities can be

treated only in accordance with the decision approving the privatisation project

participation.



(6) the provisions of paragraphs 1 and 2 shall not apply to legal persons as referred to

in section 1 (1). 2. The budgetary and contributory organizations with the provisions of the

paragraphs 1 and 2 shall apply only in respect of transfers of assets with

the exception of the land. Budgetary and contributory organizations shall, in the

free transfers and transfers of property in the goods of the land according to the

special legislation. ^ 15)



(7) to the assets and property, participating in the business of other legal persons

transmitted under this Act does not apply the agreed priority right

purchase.



12) § 16 and 20 of the Act No. 299/1991 Coll., on the adjustment of the ownership of

land and other agricultural property as amended (full

amended by no. 195/1993 Coll.).



13) section 15 of Act No 427/1990 Coll., as amended.



14) section 489 to 496 of the commercial code.



section 14, paragraph 15). 4 and 8 and section 35 of the Decree of the Federal Ministry of finance

No 119/1988 Coll., on management of national assets, as amended by Act No.

103/1990 Coll. ".



42. section 46 including a footnote No. 16):



"§ 46



(1) the legal conditions of the Fund, its activities and ways to use its assets

regulates the special law. ^ 16)



(2) the Government shall determine by regulation the content of the coupon books, the acquisition price

coupon books and investment details register coupon, coupon

books and replacement of registration, each phase of the privatisation of the wheel,

the procedure for ordering shares, the nominal value of the shares offered for

investment coupons, how to consume, the loss, theft, damage to the

or destruction of coupon sheets, the way the disclosure of information and conditions

the use of forms from the previous wave of voucher privatization.



16 CNR) Law No. 171/1991 Coll., on the scope of the authorities of the Czech Republic in

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

The Czech Republic, as amended. ".



43. In § 47 odst. 1, the words "the privatisation project ' shall be replaced by the words

"the decision on privatization", the words "for approval of privatization

the project "shall be replaced by the words" towards deciding the privatisation "and the words

"the approval of the privatization project" shall be replaced by the words "Edition

the decision on privatization ".



44. In § 47 odst. 2 the words "the national property Fund"

shall be replaced by the word "Fund", the text after the word "deal" is deleted and

replaced by the words "no later than one year from the issuance of the decision on the

privatization ". In the last sentence, the following sentence shall be added: "After a period of

proceedings concerning a claim referred to in paragraph 1, this period is not running. ".



45. In § 47 odst. 3 the word "settlement" shall be replaced by the word "valuation" and

the words "in an approved the privatisation of the project" shall be replaced by the words "in the

the decision on privatization, or if the claim is rejected. "



46. In § 47 odst. 4, the words "the privatization project was not

approved "are replaced by the words" the relevant decision on the privatisation of the assets of the

referred to in paragraph 1 has not been issued ".



47. section 47, the following paragraph 5 is added:



"(5) as in paragraphs 1, 2, 3 and 4 will be restitution claims

referred to in paragraph 1 and in the privatisation projects dealt with participation in

the use of section 10a of the paragraph. 6. ".



48. In section 47b paragraph. 2, the words "public auctions" are replaced by

the words "public auction".



Article II



The law of the Czech National Council No. 171/1991 Coll., on the scope of the authorities of the Czech

of the Republic in matters relating to transfers of State assets to other persons and the Fund

the national property of the Czech Republic, as amended by the Act of the Czech National Council

No 285/1991 Coll., Act of the Czech National Council No. 438/1991 Coll., Act

The Czech National Council No. 569/1991 Coll. and Czech National Council Act No.

282/1992 Coll., shall be amended and supplemented as follows:



1. section 2 (2). 4 is added:



"(4) the decision on the privatization of the enterprise or its part and the decision of the

the privatization of State equity in the business of other legal persons

(hereinafter referred to as "decision on privatization") issued on the basis of the proposal

the privatization project of the undertaking referred to in paragraph 1 or of the proposal

privatization project equity State in accordance with paragraph 2

Ministry. ".



2. In article 2 (2). 6 in the first sentence, the comma after the word "project" is replaced by

clutch "or" and the words "does not connect to the person handling the

the privatisation project information needed to handle the privatisation

the project will provide data to that person or erroneous or does not comply with the other

the obligations laid down in a special regulation, ^ 2a) ".



Paragraph 5 is deleted. Paragraphs 6, 7, 8, 9 and 10

as to paragraph 5, 6, 7, 8 and 9.



3. Footnote 2a) reads as follows:



"2a) section 7 (1). 5 of Act No. 92/1991 Coll., as amended. ".



4. section 3 (3). 2 and 3 are added:



"(2) the Government may reserve a decision on privatization.



(3) on the privatization of the direct sales outside the public competition or public

the Government decides on a proposal from the auction of the Ministry. ".



5. In section 4, paragraph 4. 2 the word "corporate" be replaced by the word "business".



6. In section 5 (3). 1, the words "of the privatisation of the project ' shall be replaced by the words

"the decision about the privatisation". In paragraph 5, the words on the date specified in the

the privatisation of the project ' shall be replaced by the words "in accordance with the decision on privatization

participation of the State in the business of other legal persons ".



7. In section 7 in the second and third sentence, the words "Czech National Council" shall be replaced by

the words "the Chamber of deputies of the Parliament".



8. In section 8 (2). 3 the conjunction "and" is replaced by "or" the clutch.



9. section 9 (2). 1 (a). (c)):



"(c) to approve the remuneration of the members of the order) of the Executive Committee and the professional

the staff of the Fund ".



In section 9 (2). 1 (a). (g)), the dot at the end of deleted and connect this

the words "and to submit it to the consideration of the Government.".



10. In section 9 (2). 2, the words "of the Czech National Council" shall be replaced by the words

"The Chamber of deputies of the Parliament".



11. section 10 (1). 1:



"(1) a statutory body of the Fund is the Executive Committee of the Fund (hereinafter referred to as

"the Committee"), which also controls its activity. ".



In paragraph 2, the first sentence is deleted. In paragraph 3, the word

"company" shall be replaced by the word "business".



12. In section 12, paragraph. 1 the words "Czech National Council" shall be replaced by the words

"The deputies of the Parliament".



13. In section 13 (3). 1 in the first sentence, the words "Czech National Council"

replaced by the words "the deputies of the Parliament". In the second sentence, the

the words "Czech National Council" shall be replaced by the words "of the Chamber of Deputies

The Parliament ".



14. In section 16, in the first sentence, after the word "Fund" the comma is replaced by a dot and the

the rest of the sentence is deleted. After the first sentence with the following sentence: "consist of the members of the

the Committee may be members of only those companies in which the

represent the Fund and which are previously delegated by the Presidium. Members of the Executive Board and

the Council may be members of the bodies of commercial companies, to which

are delegated the founder, if the authority of the State administration. The members of the

the Presidium of the Council and the responsibility for their reward and compensation in kind

expenditure. ".



15. § 18 paragraph. 2 including footnote 4a):



"(2) the assets of the Fund do not form part of the State budget of the Czech Republic and

It can be used only for the following purposes:



and) in accordance with the decision on privatization



1. to settle claims by authorised persons in accordance with specific předpisů4) and to the

transfer the Restitution investment fund,



2. to insert into the joint-stock companies or limited liability companies

and to the management of the holdings in these companies,



3. to the sale of the property of the undertaking or of part of it or to sell property

participation in the business of other legal persons,



4. to transfer to the municipality or municipalities, the voluntary volumes ^ 4a)



5. a transfer for the purposes of sickness, retirement, and health

insurance and insurance in employment,



6. to transfer the Endowment investment fund for the purposes of the aid Foundation

designated deputies of the Parliament on the proposal of the Government,



7. the transfer of the Land Fund of the Czech Republic with respect to assets

serving agricultural production,



(b)) in accordance with the decision of the Government



1. for the fulfilment of the commitments intended to privatize enterprises, in particular, the obligations of the

loans secured by a lien,



2. to strengthen the resources of the banks and other legal entities in connection with the

their activities in the process of bankruptcy and countervailing proceedings



3. for the financing of expenditure on the activity of the State enterprises, whose part was

privatized and that it is essential to maintain, for example. for reasons of

outstanding claims by authorised persons in accordance with special regulations, 4)



4. to cover the costs associated with removing environmental damage

environment caused by the current activities of the enterprise,



5. to ensure the provision of loans to enterprises which makes the participation

At least 50% of the Fund,



6. to compensate for the budget of the Land Fund of the Czech Republic,



7. to finance the development of the railway infrastructure, with respect to assets

The Fund acquired the assets of the privatisation of Czech railways



(c)) in the range specified by the Statute of the Fund to cover the costs associated with the

discussing and implementing privatization projects,
(d) for the purchase of assets and) participating interests, to which the Fund has an option to purchase

right,



(e)) to cover the costs of restitution and privatisation of litigation, which

It is required to pay the Ministry or the Fund, where appropriate, to payment of the

related damage caused by the Ministry or by the Fund.



4A) section 17 of the CZECH NATIONAL COUNCIL Act No. 367/1990 Coll., on municipalities (municipal establishment). section 20f

of the civil code. ".



16. In section 19, the words "Czech National Council" shall be replaced by the words "by the

the House of Parliament ".



17. In section 20 (2). 2, the words "and in accordance with the timetable referred to in

approved the privatisation of the project "shall be replaced by" referred to in

the decision about the privatisation ".



In paragraph 4, and article 2, paragraph 1. 3 the reference and footnote No. 6)

referred to as 6a).



Paragraphs 5 and 6 are deleted.



18. in section 20, the following new section 20a and 20b, including notes below

footnote No. 4b and 4 c)):



"section 20a



(1) the assets of the Fund and its equity business other

legal persons, that it was not possible for reasons of nezapříčiněných Fund

According to the decision to privatize the privatisation, dispose of the Fund in the manner, with

which the Ministry expressed prior written consent.



(2) Similarly, as mentioned in paragraph 1 shall be followed for the assets of the Fund and its

participating interests in other legal persons, that of the Fund

passed over withdrawal from the contract due to the breach of contractual obligations

the acquirer privatised assets.



(3) in cases in which will be effected in accordance with paragraph 1, it shall

the Ministry prior to the expression of consent in the cancellation of the original

the decision to privatize or its parts.



§ 20b



The decision of the Fund associated with the exercise of the rights of the shareholders of the Fund shall be ^ 4b) on

the basis of the prior consent of the Ministry, in the case of a decision on



and change the structure of assets of the joint-stock) companies, if the book value of

property change exceeds 20% of the capital stock

the company,



(b) the capital increase by subscription) new shares, ^ c)



(c) the assets of a public limited company) the lease, if the book value of

the leased asset exceeds 20% of the capital stock

the company.



4B) section 187 of Act No. 513/1991 Coll., the commercial code, as amended

regulations.



4 c) § 203 to 206 of the commercial code. ".



19. In section 22, the words "the central authority of State administration in the field of control"

shall be replaced by "the Government, the Ministry and other authorities if it provides

special prescription ".



20. In section 24, the words "Czech National Council" shall be replaced by the words "Chamber

the Chamber of deputies of the Parliament ".



Article. (III)



cancelled



Article IV



1. Legal relationships arising before the effect of this Act pursuant to section

the fourth Act No. 92/1991 Coll., on conditions for the transfer of property to the State of the

the other person, and the regulation of the Government of the Czech and Slovak Federal Republic No.

383/1991 Coll., on the issuance and use of investment coupons, is governed by the

the existing provisions.



2. deleted



3. a person who has taken pursuant to Act No. 92/1991 Coll., on conditions for

the transfer of State assets to other persons, as amended,

storage space, in which the State material reserves are stored, the

contract for the storage of provisions to terminate as soon as possible after ten years

from the effectiveness of this Act. This obligation is transferred to all other

owners in that time.



Article. In



The President of the Chamber of deputies of the Parliament shall be authorised to declare full

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

person, and the Act of the Czech National Council No. 171/1991 Coll., on the scope of the authorities

The Czech Republic, in cases of transfers of State assets to other persons and the Fund

the national property of the Czech Republic, as is clear from the law is changing and

complementary.



Article VI



This Act shall take effect on the date of publication.



Uhde v.r.



Havel v.r.



Klaus v.r.