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About The Implementation Of Articles 69 To 72 (Issue Deposit) Contract With Poland

Original Language Title: o provedení článků 69 až 72 (vydání deposit) smlouvy s Polskem

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153/1926 Sb.



Decree



the Minister of finance



from day 4. August 1926



about the implementation of articles 69 to 72 (issue deposit) agreement between the Republic of

The Czechoslovak and Polish Republic on matters of legal and financial

April 23, 1925, no. 56 Coll. and n. of 1926.



And.



Deposit.



(I).



Imports from Poland to Czechoslovakia.



§ 1.



The subject imports.



(1) in accordance with articles 69 to 72 of the Treaty between the Czechoslovak Republic and

Republic of Poland on legal and financial issues of 23 December 2003. April

1925 (famous for the day April 29, 1926, no. 56 Coll. and n., still just

"the Treaty"), which became the international scope of also on 29 April 2006. April

1926, may be released in Poland and Czechoslovakia imported (article 69

the Treaty) deposits lying in the day when this Treaty has taken responsibility, t.

(j) 29. April 1926, on the national territory of the Republic of Poland in the custody of the



and the State and poručenských) cash registers,



b) any offices,



(c)) public notaries,



d) lawyers,



e) credit institutions,



f) other physical or legal entities that manage foreign assets.



(2) Deposits (article 69 of the Treaty) means securities passbook

the units of the book, profit participation certificates, insurance policies, and other documents (in particular

of the Charter, legal), foreign money, mincované and nemincované (processed and

unprocessed) precious metals (e.g. gold and silver coins, jewelry, gold

and silver utensils, etc..), pearls and gems.



(3) the claim of deposits on the books and cash stored on a t nr.

depository receipts accounts are not deposits within the meaning of the above articles

of the Treaty.



§ 2.



Persons authorized to import.



(1) For imports may insist on:



and the physical characteristics that) people on the day of submission of the application are nationals of

Czechoslovak and Polish on the territory of the Republic do not have place of residence;



(b)) legal persons, which on the day of submission of the application to the principal office of the

the territory of the Czech Republic.



(2) A legal person is, in this context, the call also

the company's business, the limited company obmezeným and fellowship

(COOP) výdělková and economic.



The Treaty does not apply, however, to the deposit of corporations and foundations, which

the property will be divided in accordance with part V of the Treaty or under other there

the implied conventions that either have been or will be arranged.



(3) the request of the owner may not administer either by myself or by an agent (e.g. Bank

or banker or cheque, post office. paragraph 4 of the Decree).



(4) the import deposit is voluntary, only at the specific request of the authorized

permissible.



§ 3.



The deadline for applications.



For requests for release (release) and the import deposit period runs for six

months from the date when the contract became the scope (article 1), t. j. to 29. October

1926 (article 69 of the Treaty); However, it is in the interest of deponentově, that submitted an application

as soon as possible (cf. sections 6, 7, para. 5.).



§ 4.



The place of filing.



(1) the application is not administer twice without a stamp (papers, however, simply) either



and in the country for tax) Administration (Slovakia and Carpathian Ruthenia with

Tax Directorate) of the domicile (seat) of the owner

deposit, or



(b)) at the Polish tax office i. stools (urzad skarbowy

podatków i skarbowych he later vomited up), in whose district the place is depositní.



(2) the Czechoslovak banks (even bankers) and the post office is checking

However, ratify, applicants for import of own deposit from Poland

authorized request, duly substantiated or officially confirmed (§

7) to Poland and send deposits according to these requests, relaxed here

They imported.



(3) State and other public authorities and institutions, if their deposit

nepřevezou themselves, may apply through the post office

cheques in Prague or the Provincial Bank in Prague.



§ 5.



Content of the request.



(1) the request shall be beheld:



1. name and surname, the exact place of residence (the address, Head Office) and as

of a person's physical characteristics, the nationality of the owner of the deposit;



2. the name (business name) and address of the depositního space (the exact address and

If possible, also the competent tax authority);



3. content of the deposit (exactly according to the depositní of the Charter);



4. indication, the applicant wishes to make the release and export permits

the Polish financial authority was given into the hands of the competent Polish

space depositního (depositáře) or to the applicant, either directly or

through the relevant domestic tax administration (in Slovakia, or

Carpathian Ruthenia Tax Directorate); in these later referred to

two cases, however, the applicant must připojiti postage on the appropriate letter

from Poland in the tops of Czechoslovak (for an ordinary letter up to 20 g 24

According to the rate provided for by the Polish RAPS international postal agreement = Eur

1.50 for a registered letter 54 RAPS = $3.25).



(2) documents (annex) the application, which proves that:



and the person fysická) their nationality, and the proper place of residence at the date of

the application and therefore both home connects slip or confirmation of the political

the Office, on the confirmation of the police (municipal), in whose district the

He lives (cf. also section 7, para. 3.);



(b) a legal person) (section 2 of the regulations), that on the day of submission of the application has a main

registered office on the territory of the Czech Republic, and therefore attaches a statement from

commercial register or other official confirmation;



c) ownership of the deposits, but only in cases where it could in that

the cause of the nastati doubt; There is enough připojiti soupisový list, listing

of business books or another in judicial proceedings generally acceptable license.



(3) financial institutions, persons carrying on a banking business, has

Ward of the State or Treasury, any authorities, notaries public or

lawyers are the name of the saved are deposits on the territory of the Republic

Polish, shoots both according to their own values, writes

stored in Poland (nostro) and according to the received and duly substantiated

the requests of our customers, which are in the name of these deposits of depositors

stored in Poland, the special aggregate lists (consignment).



Each list only obsahovati deposits stored at the same location

depositního.



§ 6.



The Polish capital and benefit other benefits.



(1) Value, which under the contract have to be released, not in Poland

postihnouti or dose of the assets, or a different dose, which would release

made it more difficult or impossible. Also, the jinaká measures the Polish Government, which

should the same effect are excluded. All this contrary to the

reinsurance and jinaká action will be canceled.



(2) the release of deposits may be a hindrance to claim on your taxes or

other public doses or liens for benefits in this paragraph

2. listed on the depositech and slow-moving only when at the time of

the request for release has already lasted; However, before such a claim should be

the release of the deposit paid (section 11).



§ 7.



The management authorisation upon importation.



(1) Deposits of individuals.



If the request has not been sent directly to the Polish tax authorities i. stool

(urzad skarbowy podatków i skarbowych he later vomited up), but filed with domestic

the tax administration (Slovakia and Carpathian Ruthenia with a financial

Directorate), writes the Office of filing the request to a specific journal

on the day of administration, and with a serial number, which is numbered will also request;

then, examine the application and its attachments, and if it finds the correct and properly

shall be accompanied by one of the two copies of the request this confirmation

(stvrzovací): "the conditions demanded in article 69 and 70 of the Treaty between the

the Czechoslovak Republic and the Republic of Poland, the No. 56/1926 Coll. and

n., are met. The tax administration (financial Directorate) in the ... ... ... ... ...

dne ................... 1926. "this duly filled-in and

the signed confirmation of let there be connected also round the official stamp.



Documents request returns the tax administration (Slovakia and Carpathian Ruthenia

financial Directorate) to the applicant a copy of the application, whereas the one bearing the

stvrzovací clause penízem shall be sent with postage pending (§ 5, para.

1., paragraph 4.) Polish tax authorities i. stools (urzad skarbowy

podatków i skarbowych he later vomited up), in whose district the place is depositní,

that the incoming request containing the release clause and joins the authorisation

export of the deposit according to his wishes (art. 5, para. 1., paragraph 4.) either directly to the

its address or through either the Polish or depositního space

national tax administration (Slovakia and Carpathian Ruthenia financial

Directorate).



The second copy of the application shall be kept by the tax administration (in Slovakia, or

Carpathian Ruthenia financial Directorate) for their files.



(2) Mail deposit. When you bulk depositech (cumulative)

It shall submit its depositors mentioned in § 5, para. 3. two copies of the completed, decrees and

properly (section 5) supported by consignment with the relevant requests principals

the Czechoslovak tax administration (Slovakia and Carpathian Ruthenia

the tax Directorate), in which the perimeter have a domicile or registered office. The tax

Administration (Slovakia and Carpathian Ruthenia financial Directorate)

examine the accuracy of the consignment and its documents and proceed further

Similarly, as referred to in paragraph 1. 1. This section. One copy of the

consignment shall bear an endorsement referred to in paragraph stvrzovací. 1. this

section and confirmed a consignment (without asking principals

deponentových and without documents, which returns podateli) will send the tax administration

(Slovakia and Carpathian Ruthenia financial Directorate General) financial


the Office of i. stool in Poland (urzad skarbowy podatków and he later vomited up skarbowych)

the area in which it is depositní instead of that on a consignment of joins

a clause containing the release and permission to export seznamenaných deposit.



(3) in order to cover the management of nationality and ordinary residence

they had been as short as possible, the findings of the tax administration (in Slovakia, or

Carpathian Ruthenia financial Directorate), in which the circumference of the owner

He lives or his bank deposit is situated, on the oral intervention by

source documents submitted directly to requests for the export of deposits that

the applicant duly demonstrated how their Czechoslovak citizenship and

residence in Czechoslovakia. Such nekolkované the official certificate

replaced by the documentary evidence of both facts.



(4) the Postage on the featured applications (of consignments) sent to Poland shall be borne by

the tax administration (Slovakia and Carpathian Ruthenia to the financial

Directorate) applicants when submitting the application (consignment) either in cash or

in the postal stamps.



(5) the request is incomplete or unsupported returns to the Tween podatelům,

that only affects the risk of default.



§ 8.



Application for importation of values that are not in the custody of the persons mentioned in § 1,

paragraph 1., the Decree, přijednají shall apply mutatis mutandis, however, are not bound by a messy

the timelimit.



§ 9.



Imports of securities nesepsaných or unmarked.



(1) in accordance with the Decree of 5 July. in May 1923, no. 93 Coll. and n., needless to say

now usually imported securities subsequently označovati.



(2) Only in the case of maturity (towed pieces, or coupons) adults in 10.

in May 1923, these cannot be paid out in this country's maturity, unless

paper properly marked or accompanied by t.. "affidavit" (art. 15, para.

4. and 5., vl. the CLP regulation. of 12 October. March 1919, no. 126 Coll. and n.).



(3) additional marking shall be carried out in accordance with § 10 vl. the CLP regulation. of 12 October. March

1919, no. 126 Coll. and n., under the conditions laid down therein.



(4) the additional designation enables the tax administration (in Slovakia, or

Carpathian Ruthenia financial Directorate) of the applicant's place of residence; guide them through the

the tax office at the headquarters of the District Tax Directorate (Slovakia or

Carpathian Ruthenia Tax Directorate) of the place of residence

the applicant, in Prague, the provincial Treasury financial.



(5) banks (particularly provincial and joint-stock banks and their branches),

that they imported a large number of unmarked securities with unpaid

maturities of up to 10 adults yet. in May 1923, may at the regional

the tax authority to insist that they had sent an official to decide on the

the admissibility of the designations referred to in documents (§ 10 vl. Legislative Decree No. 126/1919 SB. z., and

n.), which, however, he should be předložiti and carry out marking in the Institute of the heart

(cf. § 12. r.).



II.



Export from Czechoslovakia to Poland.



§ 10.



Authorisation on export control.



(1) the Polish nationals who satisfy the conditions of articles 69 and

70 of the Treaty, authorize the release and export deposit (sr., paragraph 1) the name of the

vlastníkovo in the territory of the Czechoslovak tax administration (stored on the

Slovakia and Carpathian Ruthenia financial Directorate) in the

depositního space on the request, which must be substantiated either passes

about the applicant's Polish nationality and ordinary place of residence (Headquarters)

(cf. § 5, para. 2.) or committed to both of these facts

the Polish Office of the financial and urzad skarbowy. stool (podatków and he later vomited up

skarbowych).



(2) Deposits stored at home in the name of the Polish financial institution,

bankers, in the name of the State or a ward of the Treasury, any agency,

notary public or lawyer releases the national tax administration (on the

Slovakia and Carpathian Ruthenia financial Directorate) on the list of

(of consignments) subjects confirmed by the Polish depository receipts as well.

stools (urzad skarbowy podatków i skarbowych he later vomited up), that the

terms of the contract are met (clause stvrzovací, cf. section 7, para.

1.).



(3) requests to write will be the tax administration (in Slovakia, or

Carpathian Ruthenia financial Directorate) in a special journal (likewise

as in section 7 of the Decree).



(4) the Czechoslovak tax administration (Slovakia and Carpathian Ruthenia

financial Directorate) connects to a duly reasoned request or on

a consignment of this release and the export clause: "release and export under the

Article 69 and 70 of the Treaty between the Czechoslovak Republic and the Republic of

Polish, no 56/1926 Coll. and n. is allowed. The tax administration (financial

Directorate) in the ... ... ... ... ... ... ... ... ... ... .... 1926. "and emits it

the following have been disposed of domestic space depositnímu.



(5) if the applicant in the application, however, wish that the execution was delivered to the

him (whether directly, whether through the Polish tax authorities), and

If postage is this wish granted (cf. § 5, para. 1. "

4.).



(6) in case of doubt, if it can be freed or nothing, dépôt let

the tax administration (Slovakia and Carpathian Ruthenia financial Directorate)

request first observations of the domestic depositáře and submit it to the nato

is in charge of the Ministry of finance directly to the decision.



§ 11.



Czechoslovak dose from property and other benefits.



(1) the values that have to be released according to the Treaty, cannot be used in

Czechoslovakia postihnouti nor dose of assets and of the

property, or a different dose, which would release made it more difficult or impossible.

Also, the jinaká measures of the Czechoslovak Government, which would have the same

effect, are excluded. The prescribed dose so be it written off and any other

measures contrary to the Treaty cancelled ex officio.



(2) the release of deposits may be a hindrance to claim on your taxes or

other public doses or a lien for such benefits in this

paragraph (2). listed on depositech and slow-moving only when at the time of

the request for release has already lasted; However, before such a claim should be

the release of the deposit paid (section 6).



§ 12.



Statistics.



The tax administration (Slovakia and Carpathian Ruthenia financial Directorate)

pořizovati will be for the statistics from other copies of applications and

separate lists of consignments according to species and the nominal value of the deposit. About

imported and exported values, builds the tax administration (in Slovakia

or Carpathian Ruthenia financial Directorate) of the total reports and submit

It is through (II). bowel movement until the end of 1926 the Ministry of

finances.



(B).



Obligation to the door and 6(5) unexported deposits of Polish nationals

members.



§ 13.



Domestic banks (bankers), the State or a ward of the Treasury,

authorities, notaries public and attorneys shall be required, if they are aware

the conditions necessary for the adjudication of a matter, the sincerity that lists deposit Polish

nationals, which has not been released and exported just because

their owners, although they were entitled to, for releasing and exports didn't ask for, and

předložiti these lists by the end of December, 1926 through Earth's

the financial Office of the Ministry of finance.



(C).



Additional inventory and securities intended for export.



§ 14.



If the dépôt intended for export to Poland securities that

not till now to inventory the declared, although listing the papers required to

were is the depositary shall in addition to inventory přihlásiti papers for

its tax administration (Slovakia and Carpathian Ruthenia financial

Directorate) (section 9).



Dr. Engliš in r.