Amendment Of The Act On Public Collections

Original Language Title: změna zákona o veřejných sbírkách

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LAW



of 14 July 1999. March 2012,



amending Act No. 117/2001 Coll. on public collections and amending

to certain acts (the Act on public collections), as amended

the laws of the



Parliament has passed the following Act of the United States:



Article. (I)



Act No. 115/2001 Coll. on public collections and on amendments to certain laws

(Act on public collections), as amended by Act No. 296/2007 Coll., Act

No 124/2008 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act

No 420/2007 Coll. and Act No. 458/2010 Coll., shall be amended as follows:



1. in article 2, the following paragraph 2a is inserted:



"§ 2a



Collection can be held for a fixed or for an indefinite period. Collection on time

some can be held for a maximum period of 3 years from the date of the notice. ".



2. paragraph 3 reads:



"§ 3



(1) collection of the municipality or County, also in the capital city of Prague

District, or other legal entity (hereinafter referred to as "legal person").



(2) a legal person, unless the municipality or County, or in the capital city

Prague City District, may be held if the collection has on the territory of the United

the Republic is situated, or, in the case of a legal person, whose registered office is at

territory of another Member State of the European Union, of another Contracting Government

The agreement on the European economic area or the Swiss Confederation,

If the territory of the Czech Republic placed an organizational folder. ".



3. section 4 reads as follows:



"§ 4



(1) a legal person who proposes to hold, the collection is bound to the

notify the Regional Office of legal

people in the capital city of Prague municipality of the capital city of Prague (hereinafter referred to as

"the competent regional authority"). If the requirements are met, the notice of

the venue collection (hereinafter referred to as "disclosure") referred to in § 5 para. 1 to 4 and

He does not find a competent regional authority of the reasons for it, the collection cannot be held

under section 6, shall certify a legal person the date of receipt of notification, and

no later than 30 days from the date of completing the formalities of the notification. Certificate

must be delivered to a legal person into their own hands.



(2) if the legal person in the notification the reasons worthy of special

considerations for which it proposes to open a collection within a shorter period than the 30 days from the

receipt of the notification, for example, mitigate the consequences of the armed conflict,

natural disaster or ecological or industrial accidents or rescue

the health or life of a person, the competent regional Office of these reasons without

undue delay shall examine the certificate to a legal person shall confirm the date of the

receipt of its notification and shall fix the opening day collections, taking into account

the time limit proposed by the legal person. The certificates shall be published on the official notice board and

delivers legal entity into your own hands; effects of delivery of certificate

occur on the date of posting on the official Board of the competent regional authority.



(3) are not complied with the conditions for the issue of the certificate referred to in paragraph 2,

the competent regional authority shall inform in writing the legal entity that

intends to take place, and the collection of proceeds referred to in paragraph 1. ".



4. in § 5 para. 1 (b). and in point 2) § 5 para. 1 (b). (b)) (2)

the word "place" is replaced by "address space".



5. § 5 para. 1 (b). (b)) item 1:



' 1. the name (business name), address, identification number and your

name, last name, date of birth and address of the place of residence of persons,

that are statutory bodies of a legal person or by the members of the statutory

body of a legal person ".



6. in § 5 para. 2 (a). (c)), the words "their collections ' is replaced by

"date of their collections, where appropriate, information that the collection will be done on

for an indefinite period ".



7. in § 5 para. 2 the letter h) is added:



"h) day of the year to which it will be processed yearly continuous billing

According to § 24 para. 2, if the collection is held for an indefinite period or for a period of

After a period of time longer than 1 year ".



8. in § 5 para. 2, the following point (i)), which read as follows:



"i) day of the year to which it will be processed the first annual continuous

statement according to § 24 para. 2, if this is not the same as the date of the day

referred to in paragraph 2 (a). h).“.



9. In paragraph 5, at the end of paragraph 5, the following sentence "changed and enhanced the way

the implementation of collections on other than that specified in § 9 para. 1 can only be based on the

decision of the competent regional authority according to § 9 para. 2. ".



10. In § 5 paragraph 6 is added:



"(6) If a legal person is invited to remedy the deficiencies notification,

the period during which the invitation is not complied with within the time limit referred to in section 4, paragraph 4. 1

does not count. If the legal person to overcome the deficiencies in the notification

the time limit set in the invitation, the competent regional Office of a legal person

written notice that the announcement will not deal with it. ".



11. paragraph 7, as follows:



"section 7 of the



Unless otherwise decided by the competent regional authority, that the collection cannot be held, the

the collection is launched on the day following the date of delivery of the certificate when the

the legal person is mentioned in the announcement as opening day collections date

later; previously the collection may not be initiated or promoted. ".



12. section 8 reads as follows:



"section 8



(1) the collection ends on the date specified in the notice pursuant to legal person

paragraph 3, on the date specified in the notice pursuant to § 5 para. 2 (a). (c)), or

the date referred to in the decision of the competent regional authority pursuant to § 21 para.

1.



(2) a legal person may terminate the Collection at any time before the date referred to in

paragraph 1. This fact is a legal person shall inform the competent

the regional office within the time limit referred to in § 5 para. 5.



(3) termination of the collections held in indefinite legal person writing

shall notify the competent regional authority no later than 30 days before the

upon exiting.



(4) If a legal entity promoted the collection and ended it by

paragraphs 2 and 3, it shall, without undue delay to acquaint the public with the

the termination of the collection of comparable way, which promoted the collection.



(5) a legal person may be held before the end of the collection of fixed-term

notify the competent regional authority its extension, indicating the

the new end date of collection, and no later than the last day of the

Collections; the provisions of § 2a shall remain unaffected. The collections held at the time

After a period of time longer than 1 year at the legal person fills in data

According to § 5 para. 2 (a). (h)).



(6) the Collection, which was announced as a collection of held for a fixed period,

You cannot change the certificate following the publication of the collection held at the time

an indefinite period. ".



13. in § 9 para. 1 (b). (c)), the words "in the places intended for receiving

contributions ' are deleted.



14. in § 9 para. 1 at the end of the text of subparagraph (e)), the word "or" is deleted.



15. in § 9 para. 1 letter f) is added:



"f) donor text messages through the telecommunications

end device, or ".



16. in § 9 para. 1, the following point (g)), which read as follows:



"(g)) by a cash deposit in the cashier, set up by the legal person.".



17. in section 9 shall be inserted after paragraph 1, paragraphs 2 and 3 shall be added:



"(2) the competent regional authority at the request of a legal person, which announced

the holding of the collections, decide on the options take place even in a different way than

referred to in paragraph 1. The regional office will assess the proposed different

way in terms of the transparency of obtaining contributions to collections and

Security for their use and for compliance with other legal

legislation and public policy.



(3) If a legal entity is intending to hold a collection in a different way according to the

paragraph 2, together with any of the operations referred to in paragraph 1 and for

This way she can be the venue, the collections of the Regional Office of her

collection for the way the holding referred to in paragraph 1 shall certify. ".



The current paragraph 2 shall become paragraph 4.



18. in section 10, paragraph 1. 1 (b). (e)), the word "place" is replaced by "address

"and the word" holding "is replaced by the word" implementation ".



19. in article 10, paragraph 2 reads as follows:



"(2) unless the municipality or County, or in the capital city of Prague

part of the legal person must submit to the Municipal Council, in členěném

the statutory authority of the urban perimeter of the city (urban district), in the main

City of Prague City District Office (hereinafter referred to as "local authority"), in whose

territorial jurisdiction is held, has a collection of grass of the Charter having the essentials

referred to in paragraph 1, the request for verification of their number and the terms and

at the same time submit to the Municipal Council for consultation by the original or a copy of the

the certificate; the number of authenticated slip documents shall issue a municipal office of legal

person a certificate for the purpose of billing Collections. ".



20. in section 10, paragraph 1. 4, the words "name and surname" are deleted.



21. In article 11, paragraph 1, the following paragraph 2 is added:



"(2) is to be used for the holding of the same chest collections in the administrative

the circuits of more municipal authorities, legal person, it shall bear

the words "travelling money box"; seal it to the local authority in whose administrative

the perimeter of the legal person held a collection of registered office; If it is to be used more

pokladniček to hold one of the itinerant collections, once

number sequence for all the administrative circuits in which are to be used. ".



Paragraphs 2 to 4 shall become paragraphs 3 to 5.



22. in article 11, paragraph 3 is added:



"(3) to open the treasure box with indication of the date of the working day, place, and


opening hours must a legal person to announce at least 3 working days

the municipal authority in advance, in whose administrative district money-box placed.

The opening of the traveling treasure box shall be notified to the municipal authority in whose

administrative district is legal person held collection is established. ".



23. in paragraph 11 (1) 4, the words "2 authorized representatives" shall be replaced by

"authorised representative".



24. in section 11 (1) 5 is the number "2" is replaced by "3" and "3" are

replaced by the number "4".



25. In paragraph 12 of the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) If a sale is a collection of articles, leads the legal entity on

articles intended for this sale of a register in which it is shown, how many

courses, it was designed to sell, how they were acquired, such as purchasing,

own production or as a gift, the amount of the acquisition cost of the articles above

contribution for one subject, how many items were actually sold, which

the total volume of contributions obtained by selling items and as

loaded with items that failed to sell. To the gross proceeds

the collection includes the amount of contribution. ".



26. in section 13 of the text at the end of the first sentence, the words "and the serial

the number of tickets ".



27. in paragraph 13 of the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) If a sale of the collection of tickets to public cultural or

sports performance or other generally available for events

to obtain the contribution, leads the legal person about tickets intended for

the sale of a register in which it is shown, how many tickets were intended to

sales, what is the amount of the contribution, how many tickets have been sold,

the total amount of contributions obtained from ticket sales and how it was loaded

the tickets, which were not sold. The gross proceeds of collections

includes the amount of the contribution. "



28. in § 14 paragraph 1 reads:



"(1) a natural person responsible for the collections is on-demand reports

a copy of the certificate of the competent authority, the power of legal persons that

contains the name, surname, title and, where appropriate, scientific rank and

date of birth, address of residence and ID card number

or a travel document of a natural person and the information referred to in section 10, paragraph 1.

1 (b). a) to (d)); power of Attorney must be provided with a serial number, the signatures

statutory bodies of a legal person and the imprint of the stamp. ".



29. section 4 reads as follows:



"section 16 of the



In the event of collection the donor text messages through the

telecommunications terminal equipment is the provider of a publicly available

telephone service through which contributions are obtained,

must provide the legal person held a collection of information about the number of

sent messages and the corresponding amount of the remitted funds in Eur,

If the latter so requests. ".



30. in article 16, the following paragraph 16a is inserted:



"§ 16a



If the collection is held by a cash deposit in the cashier, set up by the legal

person, a legal person of such deposit individually in a manner

clearly identifying the deposit in the cashier, to the binding collection in

accordance with § 23 of this Act. ".



31. in paragraph 19, paragraphs 3 to 5 shall be added:



"(3) Finds the competent regional authority of the reasons for which cannot be a collection of

Furthermore, for the changed the purpose of the Act, the legal entity shall certify the date of receipt

notification of changes to the purpose of the collection. If the notification of the change of the purpose of collection

designed for the reasons stated in section 4, paragraph 4. 2 the sequel in the venue collections

within a period of less than 30 days from receipt of this notification, shall lay down the

the competent regional authority in the certificate date from which the holding of the collections

continue. Delivery and publication of certificates shall apply mutatis mutandis to section 4

paragraph. 1 and 2.



(4) Finds the competent regional authority of the reasons for which collection cannot be used for

changed the purpose of the Act, the collection can be promoted and the venue for

the changed purpose may be continued at the earliest on the day following the date of

indicated in the certificate of the Regional Office of the notification of the change of the purpose of collection.



(5) If a legal entity is obliged to promote the collection, without undue

delay, meet the public by changing the purpose of the collection of comparable

the way a collection of promoted. ".



32. In section 20 (2). 1, § 21, art. 4 and § 24 para. 4, the words "in the same

the way a collection of promoted, and if you cannot achieve this,

in a comparable manner "are replaced by the words" comparable to the way in which

collection of promoted ".



33. In paragraph 20, the at the end of the text of paragraph 3, the words "and in a manner

allowing remote access (hereinafter referred to as the "website").



34. In section 22 to the end of the text of paragraph 2, the words "and their

the website ".



35. In article 23 paragraph 1 reads:



"(1) a legal person is required for each collection set up special

bank account, which converts the gross proceeds. The obligation to

to set up a special bank account does not apply to collections held exclusively

through pokladniček or pick-up of documents for a period of not more than 3

months. Legal person charged on costs, revenues, assets and

liabilities of the individual collections to demonstrate the compliance of accounting records

billing Collections. ".



36. In § 23 para. 2 the words "gross proceeds" shall be replaced by the words "of the

the total gross proceeds for the time that was done. "



37. In article 23, paragraph 2, the following paragraph 3 is added:



"(3) If a legal person is not exhausted all the appropriations intended to cover the

the costs associated with the holding of the collection referred to in paragraph 2 within the period for which

given the ongoing expense report, it is possible to use the resources saved in this way

other times, up until the end of the collection. Converts the

legal person means to recover costs associated with the holding of collections

in the first sentence, it is obliged to submit at the annual accounts collections

the cumulative percentage of the average of the means used for the whole period

Collections. This diameter must not exceed 5% referred to in paragraph 2. '.



The former paragraph 3 shall become paragraph 4.



38. In section 24 paragraph 2 reads as follows:



"(2) If a collection for an indefinite period or for a specified period for a period of

longer than 1 year, the competent regional authority annually to control

ongoing billing collection. To check is the legal entity that

held collection, required to submit expense reports always within 3 months from the date of

specified in the notice pursuant to § 5 para. 2 (a). h). The day after

the publication of the certificate of change. The first provisional accounts may be

processed for a period longer than the calendar year, but within 18 months

from the date of the initiation of the collection. ".



39. under section 24 shall be added to § 24a is inserted:



"§ 24a



The net proceeds of the collection, which has not yet been used for the purpose for which the

or was performed, you cannot have a collection the execution and enforcement of judgments, with the

the exception of the execution and enforcement of the decision issued pursuant to section 20

paragraph. 3, § 22 para. 1 and 2 and § 24 para. 3 and 5. ".



40. section 25 reads:



"§ 25



(1) a natural person for whose benefit the collection was performed, or

legal representative or guardian, is guilty of an offence by



and) contrary to section 23 paragraph 1. 4 does not use the proceeds it received,

for its intended purpose of collection, or



b) contrary to section 24 para. 5 proven whether and how it was used

the net proceeds of the collection.



(2) a natural person responsible for the collections of the offense, is guilty of an

that fail to comply with the obligation laid down in § 14 para. 1.



(3) for the offense can impose a fine of up to



and 500 000 CZK), if it is a misdemeanor pursuant to paragraph 1. and) or (b)),



b) $ 10,000, in the case of a misdemeanour provided for in paragraph 2. '.



41. under section 25, the following new section 25a and 25b shall be inserted:



"§ 25a



(1) a legal person commits an administrative offense, by



and held a fundraiser without notice) pursuant to § 4 paragraph 2. 1,



b) fails to comply with the notification requirement of § 5 para. 5 or § 8 para. 5,



(c) promote or venue) will launch the collection in violation of § 7,



d) continues executing the collections after the date on which the collection ends in accordance with § 8

paragraph. 1,



e) fail to comply with the notification requirement of § 8 para. 3,



(f) the pick-up of the Charter to) do not submit their number and verification requirements

According to § 10 para. 2 or contrary to section 10, paragraph 1. 4 does not ensure that the physical

persons as contributors in the pick-up list indicate the provided

post and have signed up,



g) fails to comply with any of the requirements at the venue of the collection with pokladničkami

under section 11 (1) 1 to 5,



h) nevyvěsí in the area where they sell items for which the price is

included in the contribution to the collection, notification with information about the collection in accordance with § 12

paragraph. 1,



I) does not register for the sale of items intended for sale, pursuant to section 12 of the

paragraph. 2,



j) in violation of § 13 para. 1 indicates the amount of the contribution and the serial number on the

tickets on public cultural and sports performances or other

widely accessible events held for the purpose of obtaining the contribution, or

nevyvěsí at the entrance to the space where the performances or action takes place,

notification or information contained in this notification does not public

notifications concerning the holding of performances or events,



does not lead to evidence of tickets) for sale under § 13 para. 2,




l) carrying the collection of natural person in violation of § 14 para. 2,



m) held a collection of collecting the documents or sale items or

tickets in violation of § 15,



n) provide or publish data on persons who have provided the contribution, in

contrary to section 17,



o) continues in the venue collections after changing its purpose contrary to section 19

paragraph. 1, 4, or 5,



p) fails to fulfil any of the obligations under section 20 (2). 1 in cases where the

does the venue collections after the demise of its purpose,



q) held a collection yet, pursuant to § 21 para. 1 or 2, it was decided to

the fact that the collection cannot be held, or that her venue is temporarily

stopped,



r) contrary to section 21 para. 4 the decision to disclose that the collection

You cannot take place, or that the venue of the collection is temporarily stopped, and

the method of publication of these decisions does not inform the competent regional

the Office,



with the exploits of the posts collection), performed without notification, in breach of

decision pursuant to section 22 paragraph 1. 1,



t) in violation of § 23 para. 1 name for a collection of separate bank account,

or on this account does not convert gross proceeds or not

the costs, revenues, assets and liabilities of the various collections, so that

demonstrated compliance with accounting records, billing, collections



u) in violation of § 23 para. 2 apply to the costs associated with

holding collections of more than 5% of the gross proceeds of the collection,



in) in violation of § 23 para. 4 does not use net proceeds exclusively to

provided for the purpose of the collection,



w) do not submit interim billing collections according to § 24 para. 2,



x) do not submit the total bill collections or fails to comply with any of the

obligations pursuant to § 24 para. 3, or



s) in violation of § 24 para. 4 the public's acquaintance with the final settlement of account

Collections and its usage.



(2) an administrative offense shall be fined in the



and) $ 50,000, in the case of an administrative offence referred to in paragraph 1 (b). (b)), f), and

m),



(b)) 100 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (j))),

l) or x),



c) 300 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). c), (e)),

g) n), p), q) or r)



d) 500 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). a), (d)),

h), (i)),),),),),), w) or y).



§ 25b



(1) a legal person for an administrative offence is not liable if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation is prevented.



(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the

the administrative offense, in particular, the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) the liability of a legal person for an administrative offense shall cease, if the

administrative authority about him has not initiated proceedings within 1 year from the date on which it

learned, but not later than within 3 years from the date on which it was committed.



(4) administrative offences of legal persons under this law under discussion in the

first instance by the competent regional authority. It is a legal person or state/province

the capital city of Prague, administrative offences are heard at first instance

by the Ministry. Offences under section 25 shall address, in the first instance by the competent

regional authority. ".



42. In § 26 para. 2 the second sentence, the words "of one month" shall be replaced by the words "14

days ".



43. In section 26 para. 3, the words "in a manner allowing remote access"

replaced by the words "on its website within 14 days from the date of

receipt of the notification the competent regional authority referred to in paragraph 2 ".



44. section 29, including footnote 6 is deleted.



Article. (II)



Transitional provisions



1. Collections notified pursuant to Act No. 115/2001 Coll., in the version in force in

the effective date of this Act, shall be treated according to the law No.

117/2001 Coll., in the version in force until the date of entry into force of this Act.



2. In proceedings in respect of collection notified before the date of entry into force of this

the law covered by Act No 117/2001 Coll., in the version in force until the date of

entry into force of this Act.



Article. (III)



The effectiveness of the



This Act shall take effect on 1 January 2000. July 2012.



Němcová in r.



Klaus r.



Nečas in r.

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