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.