Act No. 103 / 2001 Coll.
Act amending Act No. 77 / 1997 Coll., on State Enterprise, as amended
Valid
Law
Effective from 21.03.2001
Text versions:
21.03.2001
103
THE LAW
of 22 February 2001
amending Act No 77 / 1997 Coll., on a State Company, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 77 / 1997 Coll., on a State Company, as amended by Act No. 30 / 2000 Coll. and Act No. 220 / 2000 Coll., is amended as follows:
1. In Section 1, the words "established by the Ministry 'are deleted.
2. in Paragraph 2 (2), including footnote 1):
"(2) The company has the right to manage the State property (1)
1) Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations. "
3. Paragraph 2 (3) reads as follows:
"(3) The equity of the company shall be the assets of the undertaking with which the undertaking has the right to manage its establishment. ';
4. In Article 2 (4), the words "business fortune 'are replaced by the words" wealth'.
5. In Paragraph 3 (2), "established 'is replaced by" established'.
6. In Part Two, the word "STATE 'is deleted.
7. in Article 4 (3) (e):
"(e) determination and valuation of the State's assets, (2) with which the undertaking has the right to manage;"
8. in Article 5 (2) (b):
"(b) proof of valuation of the assets with which the undertaking has the right to operate at the time of its establishment under special legislation, 2)."
9. in Article 6 (3) (e), the words "to which he has the right to operate" shall be deleted;
10. in Paragraph 7 (4), the words "right of management" are replaced by the words "right of management";
11. in Paragraph 8 (3), the second sentence is: "The undertakings shall be dealt with in proportion to the right to manage the property of the company which has been acquired."
12. In Article 8, the following paragraph 4 is added:
"(4) The incorporation, merger and division of the company into the Commercial Register shall be subject to the arrangements applicable to the companies. ';
13. In Paragraph 9, the following shall be added at the end of the text of paragraph 3: "taking into account the founder's observations, the method of determining his remuneration '.
14. in Paragraph 9 (6), "Sections 70 to 75 of the Commercial Code" shall be replaced by "the arrangements applicable to the liquidation of the Company."
15. In Article 12, the following paragraph 5 is added:
"(5) The Director shall inform the Supervisory Board in writing, without undue delay, of the facts requested, concerning the undertaking and falling within the competence of the Supervisory Board pursuant to Article 13 (1). ';
16. in Article 15 (e):
"(e) may amend the instrument of incorporation, except for the withdrawal of assets with which the undertaking has the right to operate at the time of its establishment or at the time of the entry into the register of an amendment to the instrument of incorporation, unless otherwise provided for in this law."
17. in Paragraph 16 (1):
"(1) The commercial property of the undertaking shall be the sum of the matters, rights and other assets of the State with which the undertaking has the right to manage. ';
18. in Paragraph 16 (4):
"(4) Where an undertaking acquires assets from a person other than the State, it shall acquire the right to manage such assets for the State and the undertaking. ';
19. Paragraph 16 (8) reads:
"(8) Property with which the undertaking has the right to manage may be withdrawn only in the cases and under the conditions laid down by law."
20. Paragraph 18 (1), including footnote 12a, reads:
"(1) The undertaking shall keep accounts to the extent and in the manner laid down by the specific legislation. 12a) The company's accounts must be audited. 13)
12a) Act No. 563 / 1991 Coll., on Accounting, as amended. '
21. In Paragraph 18 (2), the words "to the founder and supervisory board in writing" shall be inserted after the word "communicate."
22. the following Section 20a is inserted after Section 20, including footnotes 17a) and 17b):
(1) Before a decision is taken to abolish an undertaking pursuant to Paragraph 20 (4), the court shall seek the opinion of the founder on the current property and legal circumstances of the undertaking.
(2) The authorisation of the founder pursuant to Article 20 (2) and (3) is without prejudice to the fact that the period under Article 20 (4) has expired in vain because:
(a) the privatisation of the undertaking has not been completed;
(b) the administrative or judicial procedure which is essential for determining the assets with which the undertaking has the right to manage is not definitively terminated;
(c) restitution proceedings under special legislation have not been definitively completed, 17a)
(d) the assets with which the undertaking has the right to farm cannot be identified or valued; or
(e) the undertaking has not complied with the conditions necessary for its abolition under special legislation. 17b)
(3) The provisions of paragraph 2 cannot be applied if the court has already given a judgment pursuant to Paragraph 20 (4).
17a) For example, Act No. 87 / 1991 Coll., on extrajudicial rehabilitation, as amended, Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended.
17b) For example, Act No. 563 / 1991 Coll., as amended, Act No. 97 / 1974 Coll., on archiving, as amended, Act No. 97 / 1993 Coll., on the jurisdiction of the Administration of State Material Reserves, as amended, Decree No. 284 / 1992 Coll., on Economic Mobilisation Measures. '
Efficacy
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 103 / 2001 Coll., amending Act No. 77 / 1997 Coll., on State Enterprise, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.03.2001 |
|---|---|
| Effective from | 21.03.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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