179/2005 Sb.
LAW
of 28 June. April 2005,
amending certain laws in connection with the adoption of the law on the abolition of
The national property Fund of the Czech Republic
Change: 179/2005 Coll. (part)
Change: 138/2006 Sb.
Modified: 296/2007 Sb.
Change: 281/2009 Sb.
Change: 503/2012 Sb.
Change: 513/91 Coll., 340/2013 Coll. 344/Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act No. 550/1990 Coll.
Article. (I)
In section 16a, paragraph 2. 2 Act No. 550/1990 Coll., on the scope of the authorities of the United
of the Republic in matters relating to transfers of State ownership to some of the things on the other
legal or natural persons, as amended by Act No. 191/1994 Coll. and act
No. 320/2002 Coll., the words "and the national property Fund of the Czech Republic", and
the words "or the national property Fund of the Czech Republic" shall be deleted.
PART TWO
Amendment of the Act on capital market
Article II
Act No. 256/2004 Coll., on the capital market, as amended by law
No 635/2004 is amended as follows:
1. In § 118 paragraph. 3 (c)):
"(c)) information about all cash and income in kind that have embraced
the head of the person for the reporting period and the members of the supervisory boards of the issuer and from
entities controlled by the issuer, and collectively for all the members of the
the Board of Directors, collectively for all the other leading persons and collectively for
all members of the Supervisory Board. ".
2. In § 118 paragraph. 3 (d)):
"(d)) the number of shares issued by the issuer that are in
ownership of statutory bodies or their members, the other heads of
people of the issuer and the members of the Supervisory Board, including people close to these persons,
for information about the options and similar contracts, whose underlying asset
are securities issued by the issuer and the Contracting
the said persons are parties, or which are closed in favour of the
These persons; information shall be given in summary for all members
the Board of Directors, collectively for all the other leading persons, collectively for
all members of the Supervisory Board and collectively persons in or near these persons;
the said persons shall notify the issuer necessary information. ".
PART THREE
Amendment of the Act concerning the conditions of the transfer of State assets to other persons
Article. (III)
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., Act No. 542/1992 Coll., Act No. 208/1993 Coll., Act No.
308/1993 Coll., Act No. 224/1994 Coll., Act No. 27/2000 Coll. and act
220/2000 is amended as follows:
1. In section 6a of paragraph 1. 1 the words "Ministry of national property management and
its privatization "are replaced by the words" Ministry of finance ".
2. in paragraph 8 of section 10:
"(8) in accordance with paragraph 7 can proceed only to the transfer of the values of
assets to the Treasury Department. If the method of privatization of insert
privatised assets to a company, can be referred to in paragraph 7
do this until the transfer of the ownership interest of the State in this business
company to another person. ".
3. In section 10, the following paragraph 9 is added:
"(9) the Government may, on the proposal of the Ministry waive or change the condition
established in decision on privatisation, which has already been carried out,
If the Ministry finds that this condition is for reasons that
the transferee of a privatisation did not, and the unsatisfiable or
the necessity of this condition subsequently fallen off. ".
4. In Article 10a paragraph 1. 4 (b)) shall be deleted.
5. In Article 10a paragraph 1. 1 (b). (h)), the word "Fund" shall be replaced by
"the Ministry on behalf of the State".
6. In Article 10a paragraph 6 is added:
"(6) in a decision on privatization, approving the privatisation
project participation, can be saved, that the beneficiaries will be sold.
issued by property, on the issue of the entitlement according to the specific
legislation. ^ 2) this decision will ensure that Ministry in
the joint-stock company on behalf of the State shall exercise the rights
shareholders. ^ 4 d) ".
7. the heading of part three:
"The use of privatisation".
8. In section 11 (1) 1 the word "Fund" shall be replaced by "Ministry".
9. in section 11 paragraph 2 reads as follows:
"(2) the date of cancellation of an undertaking or part of the assets of the undertaking on the date of the exemption
the founder of the defunct company's assets converts all or part
Ministry. ".
10. In section 11 (1) 5, the words "on the date designated by the fund these securities
participation in the Fund "shall be replaced by the words" on the date specified in this decision
These equity investments to the Ministry ".
11. in § 12 para. 1 the words "property Fund" shall be replaced by
"The privatized assets".
12. in § 12 para. 2, in the introductory part of the text the words "property Fund"
replaced by the words "the privatized assets".
13. in § 12 para. 3 the words "Fund" shall be replaced by
"privatisation".
14. in § 12 para. 4, the words "the assets of the Fund" shall be replaced by
"Privatisation".
15. in § 14 para. 1 and 2, the word "Fund" shall be replaced by the word "Ministry".
16. section 14a is hereby repealed.
17. in article 15, paragraph 3 shall be deleted.
18. in section 19 para. 1 the word "Fund" shall be replaced by "the State on whose behalf the
This is Ministry ".
19. in section 19 para. 5, the words "to the Fund" shall be replaced by the words "towards the State."
20. section 21:
"section 21
When passing things and drafting the minutes of the takeover of the Act for the State
the person entitled to the date of cancellation of an undertaking or the exclusion of part of the assets
the Enterprise Act on behalf of the firm, unless the Ministry decides otherwise. For
This activity are the responsibility of the Ministry of these persons. ".
21. § 46, including footnote # 16 is hereby repealed.
PART FOUR
Change of law No 438/1991 Coll.
Article IV
In the law No 438/1991 Coll., amending and supplementing Act No. 500/1990
Coll. on the competence of the authorities of the Czech Republic in matters relating to transfers of ownership
for some of the things to other legal or natural persons, and Act No.
171/1991 Coll., on the scope of the authorities of the United States in matters of transfers
the assets of the State on the other person and the national property Fund of Czech
Republic, as amended by Act No. 283/1991 Coll., article II shall be deleted.
PART FIVE
cancelled
Article. In
cancelled
PART SIX
Amendment of the Act on accounting
Čl.VI
Act No. 563/1991 Coll., on accounting, as amended by Act No 117/1994 Coll.
Act No. 227/1997 Coll., Act No. 492/2000 Coll., Act No. 353/2001 Coll.
law no 575/2002 Coll., Act No. 441/2003 Coll. and Act No. 257/2004
Coll., is amended as follows:
1. In section 4, paragraph 4. 8 letter to):
"to) the procedure for inclusion of the business units to the consolidated Group,
for each group of business units, and for the Land Fund of the Czech
Republic. ".
2. in section 18 para. 1 (b). (b)), the words "the national property Fund of the Czech
States ' shall be deleted.
PART SEVEN
cancelled
Article. (VII)
cancelled
PART EIGHT
Amendment of the Act No. 42/1992 Sb.
Article. (VIII)
In section 18 of Act No 42/1992 Coll., on the adjustment of property relations and the settlement of
property claims in cooperatives, as amended by Act No. 144/1999 Coll. and
Constitutional Court declared under no 3/2000 Coll., the following paragraph 3 is added:
"(3) in the case of the demise of the cooperatives in 10 years, the amount paid when the
transformation into an indivisible fund converts to the Ministry of cooperatives
Finance and will be used to support cooperative business in accordance with
special legislation. ".
PART NINE
Amendment of the Act No. 162/1992 Sb.
Article. (IX)
In the law No 162/1992 Coll., on the scope of the authorities of the Czech Republic to the
the implementation of law No. 403/1990 Coll. on the mitigation of certain
property-related injustices, as amended by law No. 458/1990 Coll. No 528/1990 Coll. and
No. 137/1991 Coll., as amended by Act No. 320/2002 Coll., section 8:
"section 8
Proceeds from the sale of goods, which the Czech Republic has taken to their ownership
under section 23a, is in the amount of 80% of the State budget revenue and 20%
the budget income of the municipality and in the capital city of Prague city district in which
territorial jurisdiction is located. ".
PART TEN
Amendment to the law on conflict of interests
Article. X
Act No. 244/1992 Coll., on certain measures connected with the protection
public interest and about the incompatibility of some of the features (the law on conflicts of
of interest), as amended by Act No. 283/1995 Coll., Act No. 227/1997 Coll., Act
No 15/2002 Coll. and Act No. 96/2005 is amended as follows:
1. In article 2 (2). 5 the first sentence, the words ", the national property Fund of Czech
States or both of these persons ' shall be deleted.
2. In section 12a paragraph 1. 1 (b). (b)), the words "the national property Fund of the Czech
States ' shall be deleted.
PART ELEVEN
Amendment of the Act No. 283/1992.
Article. XI
In the Act No. 283/1992 Coll., amending and supplementing Act No. 500/1990
Coll. on the competence of the authorities of the Czech Republic in matters relating to transfers of ownership
for some of the things to other legal or natural persons, as amended by
Act No. 439/1991 Coll., and Act No. 171/1991 Coll., on the scope of the authorities
The United States in cases of transfers of State assets to other persons and the Fund
National Property Fund of the Czech Republic, as subsequently amended,
Article II shall be deleted.
PART TWELVE
cancelled
Article. (XII)
cancelled
PART THIRTEEN
Amendment to the law on real estate tax
Article. XIII
Act No. 337/1992 Coll., on real estate tax, as amended by Act No.
315/1993 Coll., Act No. 249/1994 Coll., Act No. 247/1995 Coll., Act No.
65/2000 Coll., Act No. 492/2000 Coll., Act No. 239/2001 Coll., Act No.
483/2001 Coll., Act No. 576/2002 Coll., Act No. 235/2004 Coll. and act
No 669/2004 is amended as follows:
1. In article 3, paragraph 3. 2 (a). (c)), the words "at the national property Fund of the Czech Republic"
replaced by the words "on the basis of the decision on the privatization of the Ministry of
the Treasury ".
2. In section 4, paragraph 4. 1 (b). (d)), the words "or transferred by a special
legal regulation on the national property Fund of the Czech Republic ", including
footnote 7 shall be deleted.
3. section 8 including the title reads as follows:
"section 8
Tax payers
(1) the taxpayer is the owner of the building, an apartment or a separate
non-residential premises.
(2) in the case of construction, apartment or a stand-alone commercial space in
owned by the State, is the taxpayer
and the branch of the State) ^ 4a) or State organisation established under
specific legislation, ^ 4b)
(b)) a legal entity that is the right of permanent use of changed to the loan
under special legislation. ^ 4a)
(3) in the case of construction, apartment or a stand-alone commercial space, managed
The Land Fund of the Czech Republic or the administration of the State material
reserves, these bodies are taxpayers.
(4) in the case of construction or a stand-alone commercial space, with the exception of the construction
a residential house, managed the Land Fund of the Czech Republic, the Administration
State material reserves, or transferred to the Ministry of Finance on the
the basis of the decision on privatization, which are rented out, it is the taxpayer
tax the tenant.
(5) in order to build, an apartment or a separate area of more nebytovému
subjects the right of ownership, right of lease or right of permanent use of the
These entities has changed to the loan according to a special legal
^ Regulation 4a) or the proper management of State assets in accordance with
specific legislation, they are ^ 4b) operators are required to pay tax
jointly and severally liable. ".
4. in § 9 para. 1 (b). (d)), the words "or transferred by a special
legal regulation on the national property Fund of the Czech Republic "shall be deleted.
PART OF THE FOURTEENTH
cancelled
Article. XIV
cancelled
PART FIFTEEN
Amendment of the Act on income taxes
Article. XV
Act No. 586/1992 Coll., on income taxes, as amended by Act No. 35/1993
Coll., Act No. 96/1993 Coll., Act No. 156/1993 Coll., Act No. 196/1993
Coll., Act No. 323/1993 Coll., Act No. 42/1994 Coll., Act No. 85/1994
Coll., Act No. 114/1994 Coll., Act No. 266/1994 Coll., Act No. 32/1995
Coll., Act No. 87/1995 Coll., Act No. 118/1995 Coll., Act No. 149/1995
Coll., Act No. 247/1995 Coll., Act No. 314/1996 Coll., Act No. 18/1997
Coll., Act No. 151/1997 Coll., Act No. 209/1997 Coll., Act No. 209/1997
Coll., Act No. 227/1997 Coll., Act No. 111/1998 Coll., Act No. 148/1998
Coll., Act No. 167/1998 Coll., Act No. 333/1998 Coll., Act No. 63/1999
Coll., Act No. 129/1999 Coll., Act No. 144/1999 Coll., Act No. 169/1999
Coll., Act No. 222/1999 Coll., the Constitutional Court declared under no.
3/2000 Coll., Act No. 17/2000 Coll., Act No. 27/2000 Coll., Act No.
72/2000 Coll., Act No. 100/2000 Coll., Act No. 101/2000 Coll., Act No.
121/2000 Coll., Act No. 132/2000 Coll., Act No. 242/2000 Coll., Act No.
340/2000 Coll., Act No. 492/2000 Coll., Act No. 115/2001 Coll., Act No.
120/2001 Coll., Act No. 239/2001 Coll., Act No. 452/2001 Coll., Act No.
483/2001 Coll., Act No. 50/2002 Coll., Act No. 128/2002 Coll., Act No.
198/2002 Coll., Act No. 210/2002 Coll., Act No. 260/2002 Coll., Act No.
309/2002 Coll., Act No. 575/2002 Coll., Act No. 161/2003 Coll., Act No.
362/2003 Coll., Act No. 441/2003 Coll., Act No. 19/2004 Coll., Act No.
47/2004 Coll., Act No. 49/2004 Coll., Act No. 256/2004 Coll., Act No.
280/2004 Coll., Act No. 359/2004 Coll., Act No. 360/2004 Coll. and act
No 436/2004 is amended as follows:
1. in the section 18 para. 9, the words "the national property Fund of the Czech Republic ^ 18)
and "including footnote No 6 shall be deleted.
2. In § 25 para. 1 (b). w), the words "at the national property fund ^ 18)"
shall be deleted.
PART OF THE SIXTEENTH
Amendment of the Act on the Supreme Audit Office
Article. XVI
In section 3 of the Act No. 166/1993 Coll. on the Supreme Audit Office, as amended by
Act No. 58/1995 Coll., Act No. 288/1995 Coll., Act No. 132/2000 Coll.
Act No. 220/2000 Coll., Act No. 239/2001 Coll., Act No. 127/2002 Sb.
and Act No. 281/2002 Coll., paragraph 5, including footnote # 1b
repealed.
PART SEVENTEEN:
Amendment of Act No. 210/1993.
Article. XVII
In title IV of Act No. 210/1993 Coll., amending and supplementing 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., Constitutional Act No.
541/1992 Coll. and Act No. 542/1992 Coll., Act No. 171/1991 Coll., on the
the scope of the authorities of the Czech Republic in matters relating to transfers of property to the State of the
other persons, and the national property Fund of the Czech Republic, as amended by law
No 283/1991 Coll., Act No. 439/1991 Coll., Act No. 569/1991 Coll. and
Act No. 283/1992 Coll., and amending Act No. 265/1992 Coll., on the minutes
ownership and other rights in rem in immovable property, point 2 shall be deleted.
PART EIGHTEEN
Amendment of the Act No. 229/1994 Coll.
Article. XVIII
In the law No 224/1994 Coll., 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., Constitutional Act No. 542/1992
Coll., Act No. 542/1992 Coll., Act No. 208/1993 Coll. and Act No.
308/1993 Coll., Act No. 171/1991 Coll., on the scope of the authorities of the United
of the Republic in matters relating to transfers of State assets to other persons and the Fund
National Property Fund of the Czech Republic, as amended by Act No. 283/1991 Coll.,
Act No. 439/1991 Coll., Act No. 569/1991 Coll., Act No. 283/1992.
and Act No. 210/1993 Coll. supplementing Act No. 328/1991 Coll., on bankruptcy and
the settlement, as amended by Act No. 122/1993 Coll., Act No. 42/1994 Coll.
Act No. 74/1994 Coll., Act No. 114/1994 Coll. and Act No. 154/1994 Coll.,
and Act No. 166/1993 Coll. on the Supreme Audit Office, as amended by law
No 331/1993 Coll. and Act No. 114/1994 Coll., article II shall be deleted.
PART NINETEEN
Amendment to Act No. 135/1996 Coll.
Article. XIX
In Act No. 135/1996 Coll., implementing certain measures in
the system of Central Government bodies of the Czech Republic and amending
amending and supplementing Act No. 2/1969 Coll., on establishment of ministries and other
central authorities of the State administration of the Czech Socialist Republic, as amended by
amended, and amending Act No. 171/1991 Coll., on the scope of the authorities
The United States in cases of transfers of State assets to other persons and the Fund
National Property Fund of the Czech Republic, as subsequently amended,
Article III shall be deleted.
PART TWENTY-
cancelled
Article. XX
cancelled
PART OF THE TWENTY-FIRST
Amendment of the Act on the State Fund of transport infrastructure
Article. XXI
Act No. 104/2000 Coll. on the State Fund of transport infrastructure and the
Amendment of the Act 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, as amended by Act No.
482/2004 is amended as follows:
1. In section 4, paragraph 4. 1, letter a) is added:
"and the proceeds of the privatised) the transfers of assets that are receiving the United
States and with whom it is for farming, "the Ministry of finance.
2. Part II is deleted.
PART TWENTY-TWO
Amendment of the Act on the State housing development fund
Article. XXII
In Act No. 211/2000 Coll., on the State Housing Development Fund and amending
Act No. 171/1991 Coll., on the scope of the authorities of the United Kingdom in matters
transfers of property to the State on the other person and the national property Fund of Czech
Republic, as amended, is part of the second deleted.
PART TWENTY-THREE
Amendment of the Act on the Czech consolidation agency
Article. XXIII
Act No. 241/2001 Coll., on the Czech Consolidation Agency and amending
certain acts, as amended by Act No. 15/2002 Coll., Act No. 126/2002
Coll., Act No. 256/2004 Coll. and Act No. 480/2004 Coll., is amended as follows:
1. in article 15, subparagraph (f)):
"(f)) of the proceeds of the sale of privatised assets that are receiving the United
States and with whom it is for farming Ministry. ".
2. Part nine is hereby repealed.
PART OF THE TWENTY-FOURTH
Amendment of the Act No. 15/2002 Sb.
Article. XXIV
In the law No. 15/2002 Coll., amending Act No. 241/1992 Coll. on
some of the measures related to the protection of the public interest and
the incompatibility of some of the features (law on conflict of interests), as amended by
amended, and some other laws, is part of the second deleted.
PART OF THE TWENTY-FIFTH
Amendment of the Act No. 320/2002 Coll.
Article. XXV
In Act No. 320/2002 Coll., amending and repealing certain laws in
connection with the termination of the activities of the district offices, part six
repealed.
PART TWENTY-SIX
Amendment of the Act No. 480/2003 Coll.
Article. XXVI
In the Act No. 480/2003 Coll., amending Act No. 171/1991 Coll., on the
the scope of the authorities of the Czech Republic in matters relating to transfers of property to the State of the
other persons, and the national property Fund of the Czech Republic, as amended by
amended, law No 227/2000 Coll., on the property of the Czech Republic and
its representation in legal relations, as amended,
Act No. 231/2001 Coll., amending Act No. 219/2000 Coll., on property
The United States and its representation in legal relations, as amended by
Act No. 492/2000 Coll., and some other laws, and law No. 77/1997 Coll.
on the State of the enterprise, as amended, is part of the first deleted.
PART TWENTY-SEVEN
cancelled
Article. XXVII
cancelled
PART OF THE TWENTY-EIGHTH
Amendment of the Act No. 293/2004 Sb.
Article. XXVIII
In the law No. 293/2004 Coll., amending Act No. 77/2002 Coll., on
the joint stock company Czech railways, State Organisation railway
traffic routes and amending Act No. 266/1994 Coll., on the railways, as amended by
amended, and Act No. 77/1997 Coll., on the State of the undertaking in
as amended, as amended by the Constitutional Court declared
under no 83/2003 Coll. and Act No. 179/2003 Coll., and Act No. 171/1991 Coll., on the
the scope of the authorities of the Czech Republic in matters relating to transfers of property to the State of the
other persons, and the national property Fund of the Czech Republic, as amended by
amended, is part of the second deleted.
PART OF THE TWENTY-NINTH
cancelled
Article. XXIX
cancelled
Čl.XXX
cancelled
PART THIRTY-
cancelled
Article. XXXI
cancelled
PART OF THE THIRTY-FIRST
Amendment of the Act on excise duties
Article. XXXII
Act No. 356/2003 SB., on the Excise Tax Act, as amended by Act No.
429/2003 Coll., Act No. 313/2004 Coll., Act No. 561/2004 Coll. and act
No 693/2004 is amended as follows:
1. In § 92 para. 1 with the number "1 000" is replaced by "2 000".
2. In § 97 para. 3 is the number "1 000" is replaced by "2 000".
PART OF THE THIRTY-SECOND
Amendment of the Act on wine-growing and Winery
Article. XXXIII
Law No. 321/2004 Coll., on wine-growing and wine-making and amending certain
other laws (law on wine growing and winemaking), is amended as follows:
1. in § 31 para. 2 the second sentence, after the word "levy", the words "and
support of the State ".
2. in § 31 para. 6 shall be added at the end of the sentence "the public administration exercises
The Council, its President and Director. Outside of the retrial of the correction
resources under special laws is decided by the President of the Council, in its
decision-making shall apply mutatis mutandis the provisions of the head of the Central
the administrative authority. ".
3. in section 31, paragraph 10 shall be deleted.
4. In § 32 para. 1 in the second sentence after the word "Council" shall be inserted after the words
"who are members of Parliament, senators, Cabinet members, heads of the Central
administrative authority or a special law so provides, ".
5. In section 34 para. 1, the third in the sentence after the word "Council" shall be inserted after the words
"who are members of Parliament, senators, Cabinet members, heads of the Central
Administrative Office, judges or special law so provides, ".
6. In section 34 para. 2 (c)) shall be deleted.
Subparagraph (d)) to) shall become point (c)) to (j)).
7. in section 34 para. 2 in point j), the words "the draft regulations"
shall be replaced by "organization".
8. In section 34 para. 4 the fourth sentence with the word "four" is replaced by
"five-year".
9. in section 35 para. 1 (b). (c)), the words "the financial support of the State (hereinafter referred to as
"State support") ' shall be replaced by "State aid" and after the word "on"
inserted the word "financial".
10. In section 35 para. 1 (b). k), the words ' levies laid down "shall be replaced by
"levies or State aid provided for" after the word "maturity"
deleted the word "levy", the words "to double the levy ' is replaced by
"double the levy or State aid" and the word "manufacturer"
the words "or State".
11. in section 35 para. 3 the following sentence shall be added: "Similarly, proceed
State when the payment of the aid to the State. ".
12. in section 35 para. 4, in the first sentence the words "fixed by the
an implementing regulation ' and the second sentence of the newly added: "pattern establishes Fund
as an attachment to the Organization of the order, which shall be published in the manner and with the remote
shall be circulated to the municipal authorities of districts. "
13. in section 35 para. 9, after the word "Charges" the words "and support
the State ".
14. in § 42 para. 1 is deleted the comma and following the words "§ 31 para. 10
and section 35 para. 4. "
Article. XXXIV
Transitional provision
The term of Office under this Act, the existing members of the elected body
The wine pool begins to run from the date of effectiveness of this provision.
PART OF THE THIRTY-THIRD
cancelled
Article. XXXV
cancelled
PART OF THE THIRTY-FOURTH
The EFFECTIVENESS of the
Article. XXXVI
1. this Act becomes effective on January 1. in January 2006, with the exception of
the second, fifth, twenty-ninth, thirtieth, thirty-first, thirty-second and
the thirty-third, which shall take effect on the date of their publication.
2. Part of the thirty-third shall expire on 1 July. January 1, 2006.
Fort Worth Star Telegram in r.
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