What is Decret No. 100 / 1945 Coll.?

Decree No. 100 / 1945 Coll., on the nationalization of mines and certain industrial enterprises — Decret of the President of the Republic on the nationalisation of mines and certain industrial enterprises.

When it became Decret No. 100 / 1945 Coll. effectiveness?

Decret No. 100 / 1945 Coll. became effective 27.10.1945.

Is Decret No. 100 / 1945 Coll. still valid?

Yes, Decret No. 100 / 1945 Coll. is still valid and effective.

Decret No. 100 / 1945 Coll. - Decret of the President of the Republic...

100.

Decret of the President of the Republic

of 24 October 1945

on the nationalisation of mines and certain industrial enterprises.

On the proposal of the Government and in agreement with the Slovak National Council, I establish:

ODDÍL I.

The extent of nationalization.

§ 1.

(1) The date of notification of this decree is nationalised by:

1. Undertakings operated under the General Mining Act, the undertakings and the right to seek and conquer lives, mining authorisations pursuant to § 5 of the General Mining Act and the rights of owners of land pursuant to § 1, heading I, amount VII of the Temporary Rules of Procedure of 1861 applicable in Slovakia;

2. energy undertakings and installations serving the production, procurement, distribution and supply of energy of all kinds, which can be distributed to a wider range of consumers, in particular electricity, gas and steam, with the exception of production facilities of non-nationalised enterprises that consume energy mainly themselves;

3. Iron, steel, steel rolling mills, colour metal smelters with the exception of metal smelters manufactured and economically independent;

4. foundries of grey, steel, malleable cast iron and colour metals, with more than 400 employees according to the average of the stocks at the dates 1 January 1942 to 1944;

5. mills, mills and smelters, unless they process only lead or tin;

6. enterprises in the metal, electrical, fine mechanics and optics industry, with more than 500 employees according to the average of the stocks at 1 January 1942 to 1944;

7. arms industry companies which, by their research or production focus, are carriers of the development of military equipment, explosive production companies and other arms industry enterprises designated by the Minister of Industry in agreement with the Minister for Defence;

8. from the chemical industry according to the condition at the beginning of the effective day of this decree:

(a) undertakings with a factory plant for any of the following: sulphuric, salt or nitric acids, calcium or silicon carbide, artificial corundum, alkali, alkali metals cyanide or electrolytic bases, ammonia, water glass, matches, artificial fertilizers, earth dyes associated with the extraction of raw materials, gas-fired bodies, acetic acid, acetone or methanol of wood tar, benzene and its homologues, purified mineral oils and propellants produced by the distillation of crude oil, oil or synthetic, artificial sweeteners, artificial fibres, synthetic rubber, rubber or rubber tyres for motor vehicles and bicycles;

(b) undertakings manufacturing chemical pharmaceuticals;

9. undertakings for the extraction of magnesite, asbestos, kaolin, mica, rye, refractory clay or high-value ceramic clay, deposits of these minerals, as well as undertakings for the manufacture of cement or cement binders;

10. undertakings for the production of technical porculan, asbestos-cement goods, with more than 150 employees according to the average of the stocks from 1 January 1938 to 1940;

11. undertakings for the production of glass with a continuous-operation bath installation, depending on the state at the beginning of the effective date of this decree;

12. undertakings for the production of glass with daily vans and glassworks with a total pelvic content of more than 1000 litres, depending on the state at the beginning of the effective date of this decree;

13. Undertakings whose primary production is the production of building, technical ceramics, tiling, porculan, lime and limestone with more than 150 employees according to the average of the stocks at 1 July 1938 to 1940;

14. Undertakings whose principal production sector is the production of foreign goods with more than 200 employees according to the average of stocks at 1 July 1938 to 1940;

15. undertakings for the production of cellulose;

16. Undertakings producing at the same time paper and paperboard, paper and wood, paperboard and wood, or all of these types, with more than 300 employees according to the average of the stocks at 1 January 1938 to 1940;

17. Pillar enterprises with more than 150 employees, according to the average stocks on 1 January 1938 to 1940;

18. Pillar enterprises with further processing of wood, wood processing undertakings, with more than 300 employees according to the average of stocks from 1 January 1938 to 1940;

19. Firms for the production of dykes, panels from harvested dykes, according to the state on the day of the beginning of the effective date of this decree;

20. Cotton mills, combed yarn, carded yarn, not further processed, prepared flax, jute, man-made fibres, with more than 400 employees depending on the average of the stocks at 1 January 1938 to 1940;

21. Cotton weaving plant with more than 500 employees according to the average of the stocks on 1 January 1938 to 1940;

22. weaving mills of wool, silk and man-made fibres, carpets and blankets, shredders, lace and braid manufacturers, companies of the strike and knitting industry, with more than 400 employees according to the average stocks at the dates 1 January 1938 to 1940;

23. spinning mills for the treatment of textile waste, sewing thread and yarn, not further worked than processed by weaving or knitting, for the manufacture of wadding of natural and artificial fibres, bandages, weaving machines of flax, hemp, jute, with more than 400 employees according to the average of the stocks at 1 January 1938 to 1940;

24. enterprises of the processing textile industry, of the printing industry of textile products, with more than 200 employees according to the average of stocks at the dates 1 January 1938 to 1940;

25. companies of the clothing industry with more than 500 employees, according to the average of the stocks at the dates 1 January 1938 to 1940;

26. undertakings for the manufacture of leather, leather substitutes, leather articles and their substitutes, with more than 400 employees according to the average of the stocks at 1 January 1939 to 1941;

27th production of gramophone boards.

(2) The relevant number of employees shall include all persons employed or active in the enterprise subject to nationalisation, regardless of where they work or worked. In the case of a multi-step undertaking, the number of employees at a step indicating the predominant nature of the farming activity shall be added to the number of employees at all other stages of the undertaking.

(3) For industrial undertakings referred to in paragraphs 1, 4, 6, 10, 16 to 18 and 20 to 26 which have not been in service at all times, according to the average of the number of employees taken as a basis for nationalisation, the average of the stocks on 1 January, in the sectors nationalised under No 13 and 14, on 1 July of the last two years, if the operation of the undertaking is not lasting even for so long, shall determine the status of employees on 1 January of the last year under these figures; for an undertaking which was not in service at that date, the status of the staff member shall be decided on the date of the entry into force of this decree.

(4) The provisions of this Decree shall not apply to an undertaking:

(a) the associations of the profitable and economic sectors under the Law of 9 April 1873, No 70 of 9 April 1873, on the communities of the profitable and economic sectors in Slovakia of the cooperative as provided for in Article 223 et seq. Article XXXVII / 1875, as well as the undertaking belonging to or belonging to such a collective or cooperative after 29 September 1938;

(b) which the Government, on a proposal from the Minister of Industry, in Slovakia, after hearing an industrial and commercial delegate, shall, in particular justified cases, exempt from nationalisation. This provision shall not apply to undertakings and the rights of the sectors nationalised pursuant to § 1, paragraph 1, No 1,

(c) which the Minister of Industry, in agreement with the Minister of Finance, in Slovakia after hearing the delegates of industry and trade and finance, will exclude from nationalisation, ordering the owner (s) to stop it permanently because the Government has decided that its continued operation is not in the public interest.

(5) If the conditions for nationalisation are fulfilled under this decree, the Minister of Industry shall decide.

§ 3.

The creation of new businesses and operators irrespective of their scope in sectors nationalised under § 1 (1) Nos 1 to 3, 5, 7, 8, 9, 11, 15, 19 and 27 shall be reserved for the State. This right may be conferred by the Government on the proposal of the Minister of Industry.

§ 4.

(1) By nationalisation, the State acquires ownership of the national property.

(2) The nationalisation concerns:

(a) real estate, buildings, equipment, deposits and the location of the raw materials;

(b) accessories of the undertaking, including all movable and immovable property and rights (licences, trade licences, stamps, samples, water rights, etc.), notes, securities, holding books, cash and receivables,

(c) movable property and rights other than those relating to the undertaking.

(3) The property referred to in paragraph 2 concerns the nationalisation, whether it serves or is intended to operate a national enterprise, even if it belongs to someone other than the owner of the enterprise. Patents and stocks, in particular raw materials, auxiliary and operating materials, semi-finished products, processed and finished products, concern nationalisation only if they belong to the owner or operator of the nationalised enterprise.

(4) They shall be nationalised together with the undertaking to the extent resulting from the provisions of paragraphs 2 and 3:

(a) all manufacturing undertakings and establishments belonging to the owner or operator of the nationalised undertaking;

(b) all undertakings and establishments forming a nationalised economic unit with the undertaking, even if they belong to someone other than the owner of the nationalised enterprise.

(5) If a nationalised company of a limited-liability limited company, limited-liability company, limited-liability company or mining company belongs to a limited-liability company, all its assets shall be nationalised, as well as, to the same extent, group companies with more than half of its capital or with a decisive influence on them.

(6) The Minister of Industry, Slovakia, after hearing the delegate of industry and trade, may exclude from nationalisation individual items of property, property files or rights, unless they are necessarily necessary for the operation of a national undertaking, and leave them to the owner to whom it may at the same time impose conditions, in particular the condition that, within a specified period, it establishes for the benefit of the national undertaking a service or a right of use.

(7) The size of the nationalisation referred to in paragraphs 2 to 5 shall be decided by the Minister of Industry, Slovakia, after hearing the delegator of industry and trade. The provisions of the Government Decree of 13 January 1928, No 8 Coll., on proceedings in matters falling within the competence of political authorities (administrative proceedings), do not apply to the procedure for determining the extent of nationalisation.

§ 4a

If, in the field of competence of the Minister of Industry, the assets nationalised under this Decree are not used to set up a national undertaking or to be incorporated into a national undertaking, or if such assets are not entrusted to the administration of the authorities in that field, the Minister of Industry may, in agreement with the Minister of Finance and with another Minister, transfer such property to the Ministry in order to take action in its own field of activity, or may delegate it to communal undertakings or for compensation determined in accordance with § 8.

§ 5.

(1) A national undertaking to which the assets of a nationalised enterprise are incorporated shall enter into its liabilities on the day of taking over. When assets are incorporated into several national enterprises, the Minister of Industry shall designate the undertakings of each national undertaking.

(2) In an agreement with the Minister of Finance, the Minister of Industry will determine which obligations of the nationalised enterprise are transferred with the assignment of the assets of the nationalised enterprise to the administration of the authorities in its field of competence on the date on which the assets are taken over.

(3) A national undertaking incorporating assets nationalised in accordance with Articles 4 (3) and 4 (b), which belonged to someone other than the owner of the undertaking, enters into obligations arising from rights attaching to that property, to the extent and under conditions laid down by the Government by the Regulation. This Regulation shall also provide for the transition of such commitments if the property is entrusted to the authorities in the field of industry or transferred to another minister or transferred to municipal undertakings or other legal persons under Paragraph 4a.

(4) The Minister of Industry may, in agreement with the Minister of Finance of the matter and the Minister of Finance, take measures to transfer liabilities belonging to the national assets transferred under Paragraph 4a to another Minister or transferred to a municipal undertaking or other legal entity.

(5) The obligations of a nationalised undertaking do not include the obligations under which the assets of that undertaking or part thereof are to be taken over by a third party after the date of entry into force of that decree. The obligations of a nationalised undertaking shall also not include personal taxes, levies and charges on the former owner; Such obligations shall not be transferred with or be satisfied with property incorporated into a national undertaking or entrusted to the administration of the authorities referred to in paragraph 2 or with which action has been taken or which has been delegated pursuant to Paragraph 4a. Personal taxes and benefits are the tax on pensions, war allowance, rent tax directly levied, property tax pursuant to Government Decree No. 410 / 1942 Coll., property levy pursuant to Act No. 134 / 1946 Coll., on property increase levy and asset benefit, and extraordinary benefits pursuant to Act No. 185 / 1947 Coll., on extraordinary lump-sum levy and extraordinary levy on excessive property gains, as amended by Act No. 180 / 1948 Coll. The methods of payment of such personal taxes and benefits shall be laid down by the Ministry of Finance by a decree in the relevant official document.

(6) In the case of commitments which are economically unjustifiable, including obligations under service contracts, guaranteeing employees unduly high salaries, benefits, benefits for disposal, etc., the national undertaking may request cancellation or other appropriate adjustments. If no agreement is reached, the arbitration panel shall decide in accordance with the rules issued. The provisions of the first and second sentences shall also apply mutatis mutandis if they are commitments which are transferred to the administration of the assets referred to in paragraph 2 or which are transferred pursuant to paragraph 4.

(7) If the measure entrusting the nationalised property to the administration of the authorities in the field of industry or of another minister does not imply anything else, the State does not guarantee the obligations of the nationalised undertaking, even if the obligations under § 5a are adjusted.

§ 5a.

(1) Where the assets of a nationalised undertaking are overpaid on the date on which they are taken over, the national undertaking may ask the court to adjust, at the level of the general price of the assets of the asset over-indebted to the undertaking on the date on which they are satisfied and to determine their maturity, account being taken of the economic possibilities of the national undertaking. This applies mutatis mutandis to a municipal enterprise or other legal person to whom the assets of a nationalised enterprise have been transferred pursuant to § 4a.

(2) Creditors shall be required to call upon the court by means of an order in the authentic instrument within the time limit prescribed by the court to make their claims to the application procedure referred to in paragraph 1; failing that, their claims against the national undertaking shall cease.

(3) The adjustment provided for in paragraph 1 shall be made as follows:

(a) the obligations arising out of creditors' claims to exclude cases from the assets taken over shall remain unaffected, provided that such claims have not been destroyed by nationalisation;

(b) the obligations arising from the claims of creditors having the right to separate satisfaction of a particular case shall also remain unaffected if they are covered by the value of that case;

(c) other liabilities which, according to the order applicable to them [point (d)], are not fully covered by the difference between the general price of assets of a nationalised undertaking and the value of liabilities that remain unaffected under points (a) and (b) shall be satisfied on a pro rata basis. Such commitments shall also be considered as liabilities referred to in point (b), unless they are covered in the manner stated therein;

(d) the undertakings covered by point (c) shall be classified in four classes in order of rank. The costs of the proceedings belong to the first class, and the second to fourth classes are the liabilities which, according to the bankruptcy proceedings, belong to the first to third classes. Obligations of the same class shall be in equal order.

(4) If the undertakings in their order are not satisfied with the adjustment provided for in paragraph 3, they shall not act against the national undertaking. The adjustment of the commitments referred to in paragraph 3 shall be made only against a national undertaking.

(5) Detailed provisions on jurisdiction shall be laid down by law, on the procedure referred to in the preceding paragraphs, on its effects on the limitation of claims, on disputes, on the enforcement and bankruptcy proceedings and on the rights to separate satisfaction and on the way in which creditors' claims are established.

§ 6.

(1) A national undertaking may oppose the legal action carried out by the owner of a nationalised undertaking after 29 August 1944 to harm or make it more difficult to nationalise the industry or to introduce in his or her foreign benefit the assets of the undertaking.

(2) Retirement may take place within one year of the takeover. Otherwise, the provisions of the Opposition Order, issued by the Law of 27 March 1931, No 64 Coll., apply mutatis mutandis.

ODDÍL II.

Replacement.

§ 7.

(1) No compensation shall be granted for nationalised property which, at the time of the actual end of occupation and Nazi or fascist regime, undoubtedly belonged to or belonged to the persons listed below:

(a) the German Reich, the Kingdom of Hungary, persons governed by public law under German or Hungarian law, the German Party to the Nazi and political parties to the Hungarian and other departments, organisations, undertakings, establishments, personal associations, funds and the special-purpose assets of these schemes or related thereto, as well as other German or Hungarian legal persons;

(b) persons of the physical nationality of German or Hungarian, with the exception of persons who prove that they have remained faithful to the Czechoslovak Republic, have never been guilty against the Czech and Slovak peoples and have either been actively involved in the fight for their liberation or suffered under Nazi or fascist terror;

(c) persons of the Czechoslovak Republic who have sought to act against the national sovereignty, independence, integrity, democratic-Republican state form, security and defence of the Czechoslovak Republic, who have sought such activity or other persons of their own accord, deliberately supported, by any means, the German or Hungarian occupants, or who, at the time of the increased threat to the Republic (§ 18 of the Decree of the President of the Republic of 19 June 1945, No. 16 of the Sb., the punishment of Nazi criminals, traitors and their smugglers, and of extraordinary folk courts), have maintained, in the territory of the Czechoslovak Republic of Czechoslovakia or the Slovak Republic, as well as well as physical or legal persons who have suffered such activity for persons managing their property or business.

(2) If the property is nationalised pursuant to § 2, the refund shall also not be granted under the conditions laid down in Article I, § 6, paragraph 2 of Act No. 114 / 1948 Coll.

(3) In the absence of compensation for property to a legal person, a proportion of the compensation shall be due to persons participating in it, provided that it is not subject to the provisions of paragraph 1 or 2, in particular where they cannot be attributed to the activity and behaviour of the legal person concerned or the negligence of due diligence in the provision of the legal person or the supervision of him or her, and if they do not act directly or indirectly in the interests of the persons to whom the provisions of paragraph 1 or 2 apply, while looking at the participation which is under national administration, as if they belong to persons of a permanent reliability.

(4) Reimbursement shall not be granted for or with participation in the nationalised property belonging to persons falling within the provisions of paragraphs 1 or 2 or 3 during the period after 29 September 1938 and shall no longer be due to them, except that failure to grant the refund would not comply with the principles of decency.

(5) The Government may provide that a person or a group of persons to whom the provisions of paragraphs 1 to 4 apply shall be compensated in part or in full.

(6) The Minister of Finance shall decide whether a physical or legal person falls under the provisions of paragraphs 1, 2 or 3 in agreement with the Minister of Finance in question.

§ 8.

(1) Save as otherwise provided, it is not an over-indebtedness within the meaning of Paragraph 5a (1), of which the national property is remunerated.

(2) In order to determine the compensation, the relevant status of the nationalised property on the date of takeover shall be that of the national undertaking and its liabilities on that date. The refund shall be equal to the general price of the property, calculated on the basis of the official prices on the date of nationalisation and, if these prices are not established by an official estimate, after deduction of the commitments. The Minister of Industry may, in agreement with the Minister of Finance, issue a directive setting the general price and valuation of compensation obligations under this provision.

(3) When determining the refund, account shall be taken of the value of:

(a) mineral assets not extracted;

(b) Mining authorisations under Sections 22 and 41 of the General Mining Act;

(c) the rights of the owners of the land pursuant to Section 1, Title I, Part VII of the Temporary Judicial Rules of 1861 applicable in Slovakia;

(d) property intended for social, educational or similar purposes.

§ 9.

(1) Compensation for nationalised property is granted

(a) in the performance of similar national insurance benefits,

(b) securities (Section 10 (2)),

(c) cash,

(d) other values.

(2) The granting of the refund referred to in paragraph 1 (a), as well as the principles governing the granting of the refund in cash and at other levels, is regulated by the Government by the Regulation.

(3) The legal person or company may be cancelled by the Ministry of Finance after the commencement of the refund procedure. If it does so, it shall establish a liquidator who shall declare the cancellation to be entered in a company register and take the measures prescribed for the liquidation of a legal entity or company.

(4) The provisions of paragraph 1 (a) and the provisions issued for its implementation pursuant to paragraph 2 may be applied mutatis mutandis to the shares which would qualify for compensation to physical persons as a result of their participation in the repealed legal person or company, even before the expiry of the period applicable to the distribution of the assets of the legal person or company.

§ 10.

(1) A National Economy Fund (hereinafter referred to as "the Fund") with its registered office in Prague, which is a separate legal entity, is set up for the performance of the replacement service.

(2) In order to grant the compensation provided for in Article 9 (1) (b), the Fund shall issue securities which shall be remunerated and recovered from the Fund. Their remuneration and amortisation shall be guaranteed by the State; they can be used to store the money of minors and guardians. The government shall adjust the remuneration and amortisation of securities by regulation.

(3) In cases where, pursuant to Section 7, compensation is not granted for the national property, the amount shall be the corresponding amount of the Fund.

(4) The Government shall adapt the organisation, management and management of the Fund by means of a regulation.

§ 11.

(1) The Minister of Finance shall decide on the reimbursement and the arrangements for granting the refund in agreement with the Minister in question.

(2) By granting the performance referred to in Article 9 (1) (a) to the persons entitled to the refund or to whom the refund would constitute the amounts referred to in Article 9 (4), the refund shall be deemed to have been paid.

(3) The Minister of Finance shall determine how the shares of public limited liability companies and the records of persons involved in public limited liability companies and other legal entities whose assets have been nationalised are to be dealt with.

(4) The refund provided for in Article 9 (1) (b) to (d) shall be paid within six months of delivery of the refund notice.

(5) The rules on administrative procedures shall apply to the refund procedure.

ODDÍL III.

National enterprises and their organisations.

§ 12.

(1) By virtue of the assets of the nationalised enterprises, of the property acquired by the State of confiscation or by other means, of undertakings and establishments belonging to the State, of other assets of the State, as well as of the resources of the National Economy Fund, the Minister of Industry shall establish, in agreement with the Minister of Finance, Slovakia also after hearing the delegates of industry and trade and finance, the national undertakings or their integration into the national undertaking.

(2) The Minister of Industry, Slovakia, after the hearing of the Commissioner for Industry and Trade, is responsible for establishing a split (secondary) plant for the national enterprise.

(3) The establishment of a national undertaking or of a split (secondary) plant shall be published in the Official Journal.

(4) The Minister of Industry may, in agreement with the Minister of Finance, Slovakia, also after hearing the delegates of industry and trade and finance, remove from national undertakings individual items of property and rights, if the national undertaking does not necessarily need them for its operation, and leave them in agreement with the Minister responsible for the inclusion in the undertakings, institutes or equipment which it is competent to establish.

(5) The measures provided for in paragraph 1 shall be adopted in respect of property confiscated under the decree of the President of the Republic of 25 October 1945, No 108 Coll., on the confiscation of hostile assets and National Recovery Funds, as well as in respect of property, administered under Article 16 of the Law of 16 May 1946, No 128 Coll., on the nullity of certain property-law negotiations from the period of infreedom and on claims arising from such nullity and other interference in the assets of the institution, after hearing the President of the institution.

(6) The extent of the assets covered by the measures referred to in paragraph 5 shall be determined by the Ministry of Industry, in agreement with the settlement office and the National Recovery Fund, in Slovakia, also after the hearing of the industry and trade delegates, in accordance with the provisions on the allocation of confiscated property.

§ 13.

(1) National undertakings are State property within the meaning of other provisions. They are separate legal entities. They shall be subject to the provisions on full law traders, with regard to tax rules on publicly invoiced companies and shall be subject to a fee obligation under the Charges Act with its amendments and additions. Since their establishment they have been subject to the fee equivalent provided for in § 1, § 2, point (a) of the Act of 8 April 1938, No 76 Coll., on the fee equivalent but not covered by § 8 and § 17, § 1 of the same Act.

(2) The assets transferred by the State to the national undertaking and the liabilities to which the national undertaking enters when it is set up or later shall be valued in the national undertaking in accordance with Articles 29 and 31 of the Commercial Act, in Slovakia pursuant to Sections 26 and 28 of Article XXXVII / 1875. The net asset value transferred by the State to the national undertaking when it was set up shall constitute its initial Common Equity.

(3) The date on which the national undertaking takes over the assets belonging to it shall be declared in accordance with Paragraph 12 (3).

§ 14.

However, undertakings and establishments which are subject to nationalisation pursuant to § 4 (5) but do not fall individually under the provisions of § 1, § 1 or § 4, paragraph 4 and do not qualify for inclusion in a national undertaking, the Government, on a proposal from the Minister of Industry, in Slovakia, after hearing an industrial and commercial delegate, may leave to the unions of the People's Administration or to the associations of profitable and economic (cooperatives) or other legal persons for compensation for such property pursuant to § 8.

§ 15.

(1) A national enterprise is obliged to use the name "national enterprise" in the company, even if it takes over the existing company of a national enterprise.

(2) Non-national undertakings may not use the designation "national enterprise."

(3) Where a national undertaking corresponds essentially to a national undertaking, it may use the existing companies of that undertaking without the permission of any other Member State under the applicable rules. If this is the case, he to whom the company still belonged is obliged to amend it or supplement it in order to clearly differ from the company of the national enterprise.

§ 16.

(1) A national undertaking shall be registered as an individual company in a regional court exercising jurisdiction in matters of business in which the undertaking has its registered office; If the undertaking has a split (secondary) plant, it shall also be notified to the Regional Court which exercises jurisdiction in matters of trade in which the establishment is situated.

(2) In the registration notice, the national undertaking shall inform the court:

(a) the dates of the measure by which the undertaking was set up;

(b) the firm and its registered office;

(c) the subject matter of the business;

(d) the way in which the undertaking is represented and the marks of its company.

(3) A certified copy of the document issued pursuant to Article 12 (1) is attached to the report submitted.

§ 17.

(1) On a proposal from a national undertaking, the library court shall register the transfer of ownership and other rights of a nationalised enterprise or other incorporated property on the appellant, referring to that decree.

(2) The provisions of the preceding paragraph shall apply mutatis mutandis to the indication of the transfer of rights of a nationalised enterprise or other incorporated property to a national undertaking in other official registers and lists (water register, aviation register, patent register, etc.).

(3) A national undertaking does not need the authorisation that would otherwise be necessary to carry out an activity according to its subject-matter [Paragraph 16 (2) (c)] under the provisions of the Trade Code (Trade Code) or other trade legislation. The national undertaking shall notify the subject-matter of its business of the Office (Section 145 (d) and Section 242 (z)), which shall indicate it in a separate section of the Trade Register. The detailed rules and the extent to which the provisions of the Trade Code (Trade Code) as amended by its amendments and amendments apply to national undertakings, shall be laid down by the Government by regulation.

§ 18.

(1) National undertakings should be guided by the principles of business. The state is not liable for their liabilities.

(2) National undertakings pay surpluses of their profits to the National Economy Fund.

§ 19.

The government, acting on a proposal from the Minister for Industry, shall establish national central authorities to manage national businesses and to provide business for their common affairs. In Slovakia, the government, acting on a proposal from the Minister of Industry, made after a hearing by an industrial and commercial delegate, shall also establish regional authorities as necessary. The provisions of Sections 12 to 18 and 20 apply mutatis mutandis to these bodies.

§ 20.

(1) The management of the national undertaking is the responsibility of the Board and the Director who presides over it. The scope of the Board of Directors will be regulated by the Government by the Decree (§ 33).

(2) The Director shall conduct normal operations of the national undertaking. If the Board of Directors is unable to act or if there is a danger in delay, it shall be for the Director to take the necessary measures; He shall report to the Board of Directors at the next meeting.

(3) The Director shall implement the decisions of the Board. However, if it considers that a Board of Directors' resolution is prejudicial to the interests of a national undertaking, it shall stop them and report immediately to the Board of Directors and the competent authorities.

(4) The Director shall represent the national enterprise externally.

(5) If the Director is not busy or is not busy, the Director shall be responsible under the personal responsibility of the Director.

(6) The Board of Directors and the Director shall manage the undertaking with due care of the proper economy and shall be personally responsible for carrying out their duties.

§ 21.

(1) The members of the board of directors (alternates) of the national enterprise are representatives (representatives) of the staff elected from among them and persons appointed by the central authority, in Slovakia by the regional authority, hearing the volumes of the people's administration and self-interest. The choice and appointment of members of the Board of Directors is confirmed by the Minister of Industry, Slovakia, after hearing the Minister of Industry and Trade; the certificate may be withdrawn at any time.

(2) The members of the Board of Directors (alternates) of the Central and Regional Authorities are appointed and dismissed by the Government, acting on a proposal from the Minister of Industry, in agreement with the Ministers involved, after hearing the Central Council of Trade Unions and relevant interest organisations, as regards the members of the Board of Directors (alternates) of the Regional Authorities, also after hearing the Commissioner of Industry and Trade.

(3) Only a Czechoslovak national citizen may be a member of the Board of Directors (alternate) of the national enterprise and of the central and regional authority unless the government authorises an exemption. A board member must have expertise and experience and must be morally, statestically and nationally reliable and preserved.

(4) A member of the board of directors of a national undertaking and of a central (regional) authority may not operate a gainful undertaking whose business is contrary to the interests of the national undertaking or its central (regional) authority. It shall also not perform any other function or activity contrary to those interests.

(5) The members of the Board of Directors (alternates) of the national enterprise promise the Central Director, in Slovakia, to carry out their duties conscientiously in accordance with the interests of the State. The members of the Board of Directors (alternates) of the Central (Regional) Authority shall promise the same to the Minister of Industry.

§ 22.

(1) The Director (s) of the national undertaking is appointed and withdrawn by the approval of the Minister of Industry of the Central Authority following the hearing of the Central Council of Trade Unions and relevant interest organisations. In Slovakia, the Director of a National Enterprise (Deputy Directors) shall be appointed and removed with the approval of the Minister of Industry, who shall hear the delegates of industry and trade, the Board of Regional Authorities, after hearing the competent authority of the Single Trade Union Organisation and the relevant industrial interest organisation. The declaration by which the Director (Deputy Director) of the National Undertaking renounces his or her duties takes note of the Central (Regional) Director, thereby making the termination of the function effective. If there are at least three Deputy Directors in the national enterprise, one of them must be appointed from among its staff.

(2) The Regional Directors (Deputy Directors) are appointed and dismissed by the Government, on a proposal from the Minister of Industry, after hearing the delegate of industry and trade, the Central Director and the competent authority of the Single Trade Union Organisation. The Minister of Industry takes note of the statement by which the Regional Director (Deputy Director) renounces his post after the hearing of the Minister of Industry and Trade, making the termination of the post effective.

(3) The Central Director (Deputy Directors) is appointed and dismissed by the Government on a proposal from the Minister of Industry, after hearing the Central Council of Trade Unions and the relevant industrial interest organisation. The statement by which the Central Director (Deputy Director) renounces his post is taken into account by the Minister for Industry, making the termination of the post effective.

(4) Only a Czechoslovak citizen can be director (Deputy Director), who must have the expertise and experience and be morally, statestically and nationally reliable and preserved.

(5) The Director (Director) must not engage in or engage in the employment, function or other activity which is contrary to the interests of the national undertaking.

(6) The Director (Deputy) of the Central (Regional) Authority, as well as the Director (Deputy) of the National Enterprise, will promise the Minister of Industry to carry out his duties conscientiously in accordance with the interests of the State. In Slovakia, the Director (Deputy Director) of the National Enterprise will promise the same delegates of industry and trade.

(7) The Director (Deputy Director) shall take up his duties on the day of the promise and shall become an employee of a central (regional) authority or national enterprise; his employment shall cease on the date on which he was withdrawn or on the date on which it was noted that he was renounced. If the employment has not been terminated in circumstances for which otherwise the employment may be cancelled prematurely, the Director (Deputy Director) shall be entitled to benefits for at least the period for which they would have been due if the employment had been disbanded by notice.

(8) The appointment and removal of the Director (Deputy Director) are not subject to the rules on co-decision of the staff race council on the assignment of staff to posts and the prior approval of the Regional Labour Protection Office in the negotiation and dissolution of employment.

(9) The Government may, by regulation, adjust the professional, salary and employment conditions of the central and regional directors and their Deputy Directors of National Enterprises and their Deputy Directors.

(10) The national undertaking shall report its Director (Deputy Director) to the Commercial (Company) Register. The Director (Deputy Director) is to make his signature before a commercial court or send his signature in a certified form. The signature of the company shall be signed by the Director (Deputy Director) to the printed or written version of the company.

§ 23.

(1) The Minister of Industry, in agreement with the Minister for Finance, in Slovakia also after hearing the delegates of industry and trade and finance, may establish new national undertakings from or part of the assets of national undertakings, or incorporate the property of a national undertaking or part of it into another national undertaking.

(2) A national undertaking to which the property of another national undertaking is incorporated shall enter into its commitments on the date of acceptance. If the assets are incorporated into several national enterprises, the Minister of Industry, Slovakia, after hearing the delegates of industry and trade into which the undertakings are entered by the individual national undertaking, shall determine the proportion of liabilities to which they are transferred.

(3) The Minister of Industry, Slovakia, after hearing the delegate of industry and trade, sets out which undertakings are to be transferred to a national undertaking with part of its assets incorporated in it.

(4) A national undertaking whose assets have been incorporated into one or more national undertakings shall be abolished on the date the Minister of Industry declares in the Official Journal.

(5) The provisions of the preceding paragraphs also apply to central and regional authorities.

§ 24.

(1) The Minister of Industry, in agreement with the Minister of Finance, in Slovakia also after hearing the delegates of industry and trade and finance, may set up a national undertaking on the basis of the assets of undertakings belonging to legal persons whose own funds are exclusively national undertakings or persons acting by order of national undertakings; such assets may also be incorporated into national undertakings or central or regional authorities.

(2) A national undertaking (central or regional authority) incorporating the property of the undertakings referred to in paragraph 1 shall enter into their undertakings on the date of taking over. If the assets are incorporated into several national enterprises, the Minister of Industry, Slovakia, after hearing the delegates of industry and trade into which the undertakings are entered by an individual national undertaking (central or regional authority), shall determine, where appropriate, the proportion of the liabilities to which they are transferred.

(3) The provisions of the relevant liquidation rules do not apply if the property of the undertakings referred to in the preceding paragraphs is incorporated into national undertakings; the legal persons to whom these undertakings belonged shall be annulled by the Minister of Industry in Slovakia, after hearing the industrial and commercial delegates by a decree in the Official Journal.

§ 25.

The cancellation of a national undertaking (§ 23) or a legal person belonging to an undertaking referred to in § 24 shall be entered by the court in a commercial (corporate) register on a proposal from the Ministry of Industry.

§ 26.

(1) Apart from the cases referred to in Section 23, the Minister of Industry, in agreement with the Minister of Finance, in Slovakia, shall abolish the national undertaking after the hearing of the delegates of industry and trade and finance, if it is the central body, the government, on a proposal from the Minister of Industry and Trade, on a proposal from the regional authority. The cancellation will be announced by the Minister of Industry in the Official Journal.

Citation	Decree No. 100 / 1945 Coll., on the nationalization of mines and certain industrial enterprises
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	27.10.1945
Effective from	27.10.1945
Effective until	-
Status	Valid

Decret No. 100 / 1945 Coll.

Decret of the President of the Republic on the nationalisation of mines and certain industrial enterprises

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