95/1945 Coll.



DECREE



the President of the Republic of 20 April. October 1945 to log on deposits and other

monetary claims for financial institutions, as well as life insurance and

securities.



Change: 116/1949 Coll.



Change: 86/1950.



On the proposal of the Government and in agreement with the Slovak National Council establishes:



SECTION I.



Deposits and other monetary debt with financial institutions (businesses).



§ 1



(1) anyone who owns a 15. November 1945, certificate of deposit (savings)

Book (certificate of deposit) issued by the Monetary Institute or the money business

on the territory of the Czechoslovak Republic, it shall přihlásiti it by

30. November 1945 by the financial institution (company), which issued it,

or his successor in title. In the application, which in manuscript

signs, you must oznámiti your name and surname, date of birth and place of residence,

on nationality and nationality. Let it be stated for legal persons

the precise designation and address. If the certificate of deposit (savings) book (list)

founded the current owner and passed on him only after 31 December 2006. December

in 1938, at the same time must be notified of the name, surname and residence of the person, from

which has been obtained, and the date when it happened.



(2) If a bank book for any reason for someone else than for

the owner, the person entitled to it under paragraph 1, přihlásiti.

Such an applicant is required to indicate the significant title application

"Foreign deposit", all the data in it beheld the real owner by

paragraph 1 and the podepsati had its own name; Furthermore, it shall notify the

the filing of the beneficial owner, if he is known to place his

the stay. The owner, however, does not relieve the obligation to bring about such

holding the book itself also handed the application form referred to in paragraph 1.



(3) if the owner of a passbook, a married woman shall beheld in

the application form also the name, surname and residence of the spouse, if living with him in the

common household; If the owner of the nezletilec, must be in the application

noted also the name, surname and residence of the guardian.



(4) if the bank book several joint owners, each of them

obliged to administer the application referred to in paragraph 1 and her beheld in proprietary

share (in figures and words), and the names and addresses of all other

the joint owners with an indication of their shares.



§ 2



The application of the same wording as the owner of a passbook is obliged to administer

at the same time, anyone who has a financial institution (holding) 15.

November 1945 another claim on any money (in particular, normal)

account or claim of cheque or a letter of credit.



§ 3



(1) an application under section 1 or section 2 must be drawn up in the official

form, which consists of five parts, and will be issued by the Ministry of

finances. Outside of the dates referred to in those sections of the application

obsahovati all the data needed to accurately mark the deposit or

accounts, in particular the name and address of financial institution, party

the main book, number or folio and the name or designation which the operator

book or account is added and so on.



(2) the financial institution (Enterprise) shall confirm the date of filing of the application and its

the stamp on the first part of the application, issued by podateli. Date of submission

be indicated at the same time on all the other parts of the application.



(3) if the applicant is not at the time of the application in the municipality where the seat of the cash

Institute (Enterprise), which has to be filed, it can not administer the

any of the nearest financial institution or-if abroad-u

the competent Czechoslovak Embassy. This Institute (Office)

confirm the date of filing of the application and its stamp on the first piece of the application,

issued by the podateli, and the remaining four parts, which also indicate

filing date, by registered letter shall be sent Monetary Institute (firm)

who is obliged to discuss the application. Application at the representative offices

are valid, even if it has not been used of an official form, if otherwise

the provisions of this Decree.



(4) filing of passbooks, postal savings banks, if not

administered directly by the Postal Savings Bank in Prague (at the branch in Brno), or

Postal savings bank in Bratislava, is served for any mail

the Office, which shall act similarly in accordance with paragraph 3.



§ 4



(1) the financial institution (Enterprise) should examine the application by examining his

records and papers and finds a defect, he shall indicate the filing on

the appropriate deposit or credit account, and writes on this account data

referred to in § 1. Then writes to the second to the fifth part of the application

numbers and words the account status on 1 January. January 1939 (including interest, until 31 December 2006.

December 1938) and the balance of the account on the date of 15. November 1945 (including

interest received until 31 December 2006. December 1944) and confirms the date, stamp and signature

all four parts of the application. The second and third part of the application shall be issued or

shall be sent not later than 31 December 2006. in January 1946, the owner of a passbook for

account receivables from its owner. The fourth part of the application commits in the same

period of the tax administration, in whose district lies the central financial institution

(firm); more detailed directive shall issue to the Minister of finance. Fifth part

financial institution's applications (Enterprise) leaves as your proof.



(2) the financial institution (Enterprise) has in addition an obligation, together with the čtvrtými

parts of applications fell for the tax administration according to its location

overall the report of those deposits or accounts on the date of 15. November 1945 (including

interest received until 31 December 2006. December 1944), for which he received the application in due time,

separately report the balances of deposits on their books, and especially a report

credit balances on accounts. Furthermore, it is required to oznámiti in duplicate this

the tax administration of the overall status of the certificates of deposits (savings) books

(sheets), and the total sum of the credit balances of all accounts, and on the date of

November 15, 1945.



(3) the owner of the deposit or account is required to předložiti the tax administration of the other

and the third part of the application, the financial institution (Enterprise) after filling and

confirmation of the issue. The Minister of Finance shall issue a decree in the Official Gazette, in

the period within which, and the manner in which the tax administration with the application

submitted.



(4) in the case of passbooks, which were filed pursuant to § 1, para. 2,

discuss the financial institution (Enterprise) referred to in paragraph 1, only the application form

the owner's and the application of any other person designated by the words "Foreign deposit"

connects to the fifth part of the application's. If, however, did not reach such a

deposit application is provided within the deadline, shall discuss financial institution

referred to in paragraph 1 the application labeled "Foreign deposit" and her second and third

part sends an applicant with prompting, to be handed over to the owner.



(5) where a financial institution (Enterprise) when the examination of the application pursuant to

paragraph 1 a defect, he shall refer the application to the tax administration of the appropriate

According to its registered office and shall notify it of his doubts. The tax administration examined

defect and depending on the result for the financial institution shall arrange for the next procedure.



§ 5



(1) if it is not filed in a timely manner in accordance with § 1, para. 1 or paragraph 2. 2

or according to § 2, 16 October. November 1945, the right to make any

stack with such deposit or claim solely on the account of the

The Czechoslovak State, that this right shall be exercised by the authorities, to be determined by the Minister of

finances. Nobody else is entitled to claim in respect of such deposit or of the

stack the account, even if a passbook or submit other legitimizing

document.



(2) the financial institution (Enterprise) is obliged to vyznačiti the transition of the disposition

the rights referred to in paragraph 1 to the relevant account and oznámiti by 15.

February 1946 the tax administration, in whose district has an establishment, all such

deposits and accounts. This is a report in which it must be indicated the number of the

account (page Ledger, folio), the name and address of the person or denomination,

on which account is added, and the remaining balance by State to 15. November 1945.



(3) it is for someone to claim the deposit or the claim for which

passed a disposition pursuant to paragraph 1 the right to the Czechoslovak State, and

If this person was not obliged to, after the case entitled to administer an application form to

This deposit or account, you must uplatniti the claim not later than the end of the

in 1946, with the tax administration, the breakdown of the financial institution.

If it fails, can not exercise its own claim against the Czechoslovakian

State nor an law.



(4) where the person who was required to administer an application pursuant to section 1

or § 2, by the end of 1947, that application could not administer in a timely manner of

serious reason and without guilt, in particular for their stay abroad, the

the District National Committee want a refund in the amount of the value you state

won by going the disposition rights under paragraph 1.



(5) if the owner has filed a timely application for Czechoslovak representative

the Office in a foreign country, but if this has application 31 Monetary Institute after.

January 1946, it shall forward the financial institution of the Office referred to in paragraph 4 with

the proposal for the grant of a refund. Instead of the refund to which it is in this

where the owner of a legal claim, you may let us free ourselves from the Czechoslovak State

exercising its rights under paragraph 1.



SECTION II.



Life insurance.



§ 6



(1) any person who negotiates a life insurance with a private insurance company,

that have been engaged in activities in the territory of the Czechoslovak Republic, it is

obliged to, if this insurance on 15 December. November 1945, still in force,


oznámiti point the insurance company which has made the fuse or

the insurance company that took over her tribe insurance, no later than 30.

November 1945, hand-signed application your name and surname,

the date of birth, residence, ethnicity and nationality. In

the application is also a model reference number, policy number, insurance sum (the annual amount of

pension) and the name and date of birth of the insured person. However, if it is not for

already the property rights of life insurance to the person insured

a contract negotiated, it is bound to the person that the property rights of insurance

It is for now, not administer the application and beheld in it about themselves and about the insurance

the information referred to in the preceding sentence, along with the name and date of acquisition of pojistníkovo

These rights. The application can, however, also in this case, the policyholder, administer and

in all cases, a person who has an insurance policy in the cache. Legal

the person shall indicate only the exact designation, residence and insurance data.



(2) an application under the preceding paragraph be it made of

Receivables from insurance contracts, there was no longer the insured event,

the insurance company, failed to repay insurance benefits or if

vypověděno insurance and a claim was on the buyout.



§ 7



(1) Living pojištěními in § 6, paragraph 1(a). 1 means all insurance

In addition, due upon death or survival or in a particular day, and

insurance pensions, both without regard to whether the premium is paid

in one lump sum or in several periods at a time, or whether the premium is paid

normally, or whether the payment of premium under the contract was terminated or whether

insurance was reduced for non-payment of premiums.



(2) private insurance companies are in § 6, paragraph 1(a). 1 means the insurance company is

located on the territory of the Czech Republic, as well as foreign

insurance companies that operate or operated activity in the territory

The Czechoslovak Republic. The provisions of this Decree shall not apply to

insurance for small mutual insurance associations, established under section

44, no. 1 to 4 insurance regulativu (Ministerial Decree of 5 June 2001.

in March 1896, No 31., about the establishment, equipment and management

insurance companies, or Government regulation of 19 March 2003. October 1922, no. 307 Coll.

on the establishment, equipment and management of insurance companies in Slovakia and the

Carpathian Ruthenia) and hold treasuries auxiliary established under

the law of 16 June. July 1892, no. 202.



§ 8



(1) if the fuse released after 29. September 1938 venue

insurance companies, which lies outside the territory of the Czech Republic, or

trading in the border territory, which was cancelled, and if

an insurance undertaking in the territory of the Czechoslovak Republic the main race or

the Prosecutor's Office (representation), either an application, under section 6, paragraph 1. 1 made

This main race or the Prosecutor's Office (representation).



(2) If an undertaking which has released or taken over by the insurance covered

subject to the obligation referred to in paragraph 6 of the login, on the territory of the Czechoslovak

Republic of any Prosecutor's Office (representation), either the application is filed in

countries, the Czech and Moravian-Silesian to the Central Association of private insurance in the

Prague, the drafting Committee of the Union of insurance companies of Slovakia in Bratislava.



(3) the insurance promoted after 29. September 1938 to another insurance undertaking shall be governed by

instead of the application pursuant to the insurance companies, which took over the insurance.



§ 9



(1) the provisions of § 1, para. 3 and § 3, para. 1 and 2 shall apply mutatis mutandis to the

sign-on life insurance. If the applicant is abroad, you may

administer an application with the competent Czechoslovak Embassy.

The provisions of § 3, para. 3 apply also by analogy in this case.



(2) an insurance undertaking or a logon point pursuant to section 8, paragraph 1. 2 are

may vyžádati the applicant's submission policy and evidence of

the payment of premiums.



§ 10



(1) an insurance undertaking (login) test application, compares it with the

its records and papers, or with a fuse and if he does not find fault, it shall

filing of the application in its files and records in the data reported

According to § 6. Then writes to the second to the fifth part of the application numbers and

the words the value of the insurance on 1 January. January 1939 to 31. December 1945

and confirms the date stamp and signatures of all four parts of the application.

The value of insurance be calculated in accordance with the tables issued by the Minister of

Finance; the premium paid in advance to be a special item added,

the lease on the fuses (advances on insurance), isolated

deducted. If an undertaking does not have or sign instead of payment records

the value of either insurance premiums, according to the pojistníkových on the marked

the payment of premiums. The second and third part of the application either issued or sent

not later than 31 December 2006. January 1946 to the applicant. The fourth part commits

insurance company (login) in the same period of the tax administration, in which

the judge of the place of business of the insurance undertaking is (login); for a more detailed

the Minister of Finance shall issue a directive. The fifth part of the application shall be retained by the insurance company

(login area) as its proof.



(2) an undertaking (login area) has an obligation at the same time čtvrtými

parts of the application of tax administration in the total fell for the report values

insurance, for which it received the application in due time.



(3) the policyholder or the person who submitted the application, it is required to the second and third

part of the application which the undertaking after completion and confirmation of issues,

It is for the person who fell for the property rights of the insurance, that is

submitted to the tax administration. The Minister of Finance shall issue a decree in the official

sheet, the period within which, and the manner in which the tax administration will be

applications submitted.



(4) the provisions of § 4, paragraph 2(b). 5 applies mutatis mutandis to the Declaration of the living

insurance.



§ 11



In the absence of a timely filed pursuant to section 6, passes on the day 16. November

1945 the right in any way to stack with claims arising from the insurance contract solely on the

The Czechoslovak State. The provisions of section 5 apply here mutatis mutandis. Insurance companies

shall submit by 31 December 2006. March 1946 the tax administration according to

its headquarters the insurance mandatory login to which

the application has not been received, with an indication of premium reserve at 31 December 2002. December 1945

According to the quantitative evidence laid down by the Minister of finance. The same report

either submitted to the supervisory authority as well.



SECTION III.



Securities



§ 12



(1) the securities referred to in this Decree are domestic and foreign

the State and other public and private sub bonds or bonds,

Additionally, Treasury bills, stocks, both the casing and the voucher

(dividend) sheets and talony. For securities shall be considered as also shares in the

collective custody, kuksy, as well as shares and public loans which have not been

kuksy released.



(2) Domestic securities means securities which vydatel

has its head office in the territory of the Czechoslovak Republic; other securities

are the aliens.



(3) this Decree shall not apply to cards, figuring in the Government building

their winning lottery tickets and leaves, on Government bonds for vinkulované

the Directorate of the national debt in Prague or at the Treasury for Slovakia

in Bratislava and on the securities, the list of issues the Minister of finance,

as regards Slovakia, in agreement with the Chairman of the Slovak National Council for

Finance.



section 13 of the



(1) according to the Úschovnami of this Decree are:



and the Postal Savings Bank) in Prague (branch office in Brno) and postal

Sporitelna in Bratislava;



(b) all domestic banks) (their domestic branches)

entitled vydávati passbook (leaves); credit communities with

neobmezeným limited liability company (Slovakia credit cooperatives), however, only if it is

It empowers the Minister of finance, in agreement with the Chairman of the

The Slovak National Council for finance;



(c)) súčtovací the Bank of Prague in Prague;



(d) National Bank of Czechoslovakia);



e) banks in liquidation of existing under national administration if it is to

It empowers the Minister of finance; in Slovakia, the financial institutions that

stop activity if they are not explicitly be permissions storage

withdrawn if the Minister of finance in agreement with the Chairman of the Slovak National Council

for finance;



(f)) the State Treasury.



(2) at the vaults referred to in points (d))-f) are logging only those

securities that are saved on the day of entry into force of this

the Decree.



§ 14



(1) all securities that are on the territory of the Czechoslovak Republic

and they are not stored in the name of vlastníkovo in an open custody for some

the vault, it must, by 15. November 1945 to such složiti

safekeeping. These securities, as well as securities which at the date of acquisition

the effectiveness of this decree were already stored in an open custody for some

the vault is then přihlásiti under the provisions of section 16.



(2) all securities that are in a foreign country and just belongs

persons fysickým, which resides in the territory of the Czechoslovak Republic, or

Here, the longer one year resides, or legal persons who are here

its headquarters (business management), it must be according to the provisions of § 17 of the přihlásiti and

by the end of January 1946 (in non-European countries by the end of February 1946)

složiti at the locally competent Czechoslovak Embassy

or at the Institute that this Embassy will determine. If there is no such


the composition of the securities may be, this is oznámiti at the same time

the designated authority (Constitution), stating the reasons, which are the composition of the

the obstacle.



(3) all domestic securities, which are in a foreign country and just

fysickým does not belong to persons who reside in the territory of the Czechoslovak Republic

or here for more one year resides, or legal persons who

here have their headquarters (business management), it must be according to the provisions of § 17 of the

the end of January 1946 (in non-European countries by the end of February 1946)

přihlásiti at the locally competent Czechoslovak Embassy

and at the same time složiti on this Embassy or at the Institute,

that this Embassy will determine. The application is also beheld the numbers

the designer of the securities. If it is not possible, the composition of the securities

This is oznámiti in the above period of time designated by the Office of

(the Institute), stating the reasons, which are the composition of an obstacle. The provisions of the

This paragraph does not apply to the Czechoslovak foreign loans

State and non-State.



(4) the custody pursuant to the provisions of this Decree are also subject to securities,

which have been judicially declared to be cancelled, or is initiated

the redemption procedure. In this case, the deposit amount by the

the resolution, after the case of the edict of the initiation of proceedings or an official warning

the report card of the Court that the quote was initiated of the redemption procedure.



§ 15



(1) Složiti securities in trust pursuant to § 14 is obliged to the owner,

After the case on behalf of the owner, the person who has them.



(2) Přihlásiti pursuant to section 14 of the securities is obliged to the owner.



section 16 of the



(1) the application of the securities deposited with some vault in the name

vlastníkovo in open custody (art. 14, para. 1), shall be made on the official

form, which consists of five parts, and will be issued by the Ministry of

finances. The application writes left-with the concurrence of the owner, which is

obliged to pay the price of the form, been able to information necessary to

fill, podepsati all parts of the application and switch is the vault

by 15. December 1945. Bike storage makes a log on in their

books and confirms the date stamp and signatures of all the parts

of the application.



(2) the three parts of the application thus committed luggage shall be issued or shall send

the owner not later than 31 December 2006. December 1945. The owner of the leaves

one as proof of fulfilment of the obligations and the remaining two logon

parts shall submit the tax administration. The Minister of Finance shall issue a decree in the official

sheet, the period within which, and the manner in which the tax administration have to be these

applications submitted.



(3) the vault takes pursuant to directives the Minister of finance a report in triplicate

the securities, which have been declared in accordance with paragraphs 1 and 2, and shall send to the

two copies of these reports, along with one part of applications to the end

December 1945 the postal savings bank in Prague, the vault in the Slovak Republic

The postal savings bank in Bratislava.



(4) if the residence (registered office) vlastníkův unknown or not if its synergy

the time limit for the filing of the application, is entitled to storage may not administer

on behalf of the vlastníkovým interim application. The application is required to indicate the

distinctive heading "Foreign securities", all the data in it beheld on

owner, single-handedly it on your behalf, podepsati and zpraviti of the filing

the application of the owner, it will be possible. Such provisional application

However, it must be replaced by the end of March 1946 under the consequences of section 18, paragraph 1.

1 the proper application of the beneficial owner. Notes the interim storage

login in your books. The securities thus provisionally

registered shoots a separate report by the equivalent of paragraph 3, which

also three parts interim applications, which are designed for

owner. If the owner submits a proper application form, send it to the luggage

The postal savings bank to discuss.



(5) the securities that are in the vault and have not been declared or

on a provisional basis in accordance with paragraph 4, shall declare the postal savings bank in storage

a separate report by the equivalent of paragraph 3 and unlogged-in noting in

his books.



§ 17



(1) the filing of securities referred to in article 14, paragraph 1. 2 shall be filed with

some Vault on the official form issued by the Ministry of finance.

About these applications and about reports of papers as follows entered is valid

Similarly, the provisions of § 16. After moving to the country must be logged in

securities within 10 days at the vault, composed with which the application was filed.

Luggage shall inform the Postal Savings Bank in Prague, the vault on

The postal savings bank in Bratislava, Slovakia.



(2) the securities to stacking of Czechoslovak representative

the authority or its designated institution (art. 14, para. 2 and 3) must be drawn up

the five-part application on a prescribed formula. The owner (složitel)

required to podepsati the application and to the challenge of data needed to model reference number, its

fill out. One part of the application, endorsed by Embassy (Institute of

designation) gets složitel, one shall be retained by the Embassy of the

and the Institute by, the remaining parts will send Embassy and the Institute of

by, the remaining parts of the Embassy sends a mail

Savings Bank in Prague.



section 18



(1) securities which have not been declared under the provisions of this

the Decree, shall be forfeited to the State.



(2) where the person who was required to administer an application under section 15,

by the end of 1947, that the application was unable to administer from a good reason in a timely manner, and

without their guilt, in particular for the stay in a foreign country, the Minister of finance, to

In agreement with the Chairman of the Slovak National Council for finance,

want compensation amounting to the value that the State won by forfeit

of paragraph 1.



(3) the persons to whom it is for some law to securities, propadnuvším

referred to in paragraph 1, and which have not been required to, if necessary, shall be entitled to

přihlásiti these securities, it must uplatniti their claims no later than

the end of 1946 with the Ministry of finance, Slovakia through

the position of the Slovak National Council for finance.



§ 19



(1) securities that are stored on the territory of the Czechoslovak Republic for

file vaults may be handled only within the limits established by the Minister of

finances.



(2) the securities referred to in article 14, paragraph 1. 2 and 3 may be treated

only if they are logged on under these provisions and folded into

custody, and only with the consent of the Minister of finance, Slovakia granted

in agreement with the Chairman of the Slovak National Council for finance.



(3) the legal acts which are contrary to the provisions of this section are

invalid.



section 20



(1) the National vydatelé of securities may, in future,



and only on salaries konati) those securities which are referred to in this

Decree of custody and declared, through the Mail

Savings Bank in Prague, with respect in Bratislava or in agreement with the following

the Constitution,



b vypláceti securities payable) and payable only in the limits of the coupons,

provides for the Minister of finance.



(2) the amount due, which is not used in accordance with paragraph 1, are

domestic vydatelé required to složiti within 30 days after the due date of the Special

an account with the Postal Savings Bank in Prague or Bratislava.



(3) the provisions of paragraphs 1 and 2 shall not apply to foreign State loans

and other domestic vydatelů; the provisions of paragraph 2 shall be in addition

do not apply to internal public debt.



SECTION IV.



Common provisions.



section 21



(1) the provisions of this Decree of the persons physical also apply to

with uncommitted, Slovakia on the undistributed estate. The provisions on the

legal persons also applies to such Association of persons or files

assets that do not have--the nature of the legal personality-are

managed by organisovanou wills and forms a separate economic unit.



(2) where a person who, under this Decree are obliged or entitled to

a hearing, do not have the full capacity to undertake legal acts are for them

obliged to, after the case entitled to acting their legal, officially the establishment of

or statutory representatives. It is permissible for the operations referred to in this Decree

have been made by an agent, if the power of Attorney; the husband is considered

an agent of the other spouse and no evidence of the power of Attorney, if the marriage

not divorced or dissolved.



section 22



(1) the Acts prescribed in this decree can be carried out without official

consent or approval, which might otherwise be. The import, export and

the transit of the values, which are covered by this Decree, however, is bound to the

authorisation under devisových legislation.



(2) the official forms for applications under this Decree, consisting of five

the parts will be sold after 20 Czech Crowns.



(3) submission and the documents necessary for the execution of this Decree, are

exempt from stamp duties and fees.



Article 23 of the



(1) Tax administrations are entitled to in proceedings under this Decree nahlížeti

with financial institutions and insurance undertakings (companies) in the books, records, registers,

documents and letters relating to deposits, accounts, life insurance and

securities; they can pořizovati of them extracts or copies thereof or

such extracts or copies of the vyžádati.



(2) the tax administrations are entitled to hear matters of this Decree

prepared witnesses, experts and persons přezvědné; in doing so, shall apply mutatis mutandis

the provisions of title IX. the law on direct taxes with the


can be performed even in the cases referred to in § 301, para. 3, č. 1 and 3 and

pursuant to § 301, para. 4, 4 and 5 cannot be odepříti. In cases of

referred to in article 2 of that provision cannot be denied testimony from

the reason that the testimony would risk criminal prosecution or prosecution

for the crime of tax or důchodkový; prosecution for offences which

would have come to light, however, may not be introduced.



(3) the Provisions concerning the official or business secret to other authorities or

persons than mentioned in paragraph 1 shall remain unaffected.



section 24



cancelled



§ 25



cancelled



section 26



cancelled



section 27 of the



cancelled



section 28



cancelled



section 29



The District National Committee shall be empowered, in order to prolong the time limits laid down in this

the Decree, if necessary, and that for reasons of particular interest of

allow exceptions to the provisions of this Decree.



section 30



This Decree shall take effect on the date of the notice; It does the Minister

of finance in agreement with the participating Ministers.



Dr. Edvard Beneš in r.



Fierlinger in r.



Dr. Šrobár, in r.