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Changing The Laws In Connection With The Adoption Of The Law On The Abolition Of The Npf

Original Language Title: změna zákonů v souvislosti s přijetím zákona o zrušení FNM

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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.



Klaus r.



Paroubek in r.