What is Government Decree No. 106 / 1947 Coll.?

Government Decree No. 106 / 1947 Coll., on the Allocation of Small Confiscated Business Enterprises (Allocation Regulation for Business Enterprises) — Ordinance on the allocation of small confiscated business enterprises (Ordinance on the allocation of small business enterprises).

When it became Government Decree No. 106 / 1947 Coll. effectiveness?

Government Decree No. 106 / 1947 Coll. became effective 01.07.1947.

Is Government Decree No. 106 / 1947 Coll. still valid?

Yes, Government Decree No. 106 / 1947 Coll. is still valid and effective.

Government Decree No. 106 / 1947 Coll. - Ordinance on the allocation of small con...

106.

Government Regulation

of 17 June 1947

on the allocation of small confiscated business enterprises (business company allocation regulations).

The Government of the Czechoslovak Republic hereby orders the President of the Republic of 25 October 1945, No. 108 Coll., on the confiscation of hostile assets and National Recovery Funds, and pursuant to the Act of 14 February 1947, No. 31 Coll., on certain principles in the distribution of hostile assets confiscated by the President of the Republic of 25 October 1945, No. 108 Coll., on the confiscation of enemy assets and National Recovery Funds:

ČÁST I.

Material-legal provision.

Oddíl 1.

Subject of allocation.

A material range.

§ 1.

(1) This Regulation applies to business companies confiscated under Decree No. 108 / 1945 Coll. (hereinafter referred to as the confiscation decree) which:

(a) in the countries of the Czech and Moravian-Silesian Organisationsbelong to the Central Union of Crafts, Trade, Transport or for Foreign Tourism;

(b) in Slovakia they are compulsory members of trade communities, professional communities or business gremages, provided that the framework plans are intended for allocation, with the exception of the undertakings referred to in Section 2.

(2) In doubt as to whether it is a business undertaking under this Regulation, the Seating Office shall decide in agreement with the relevant ministries after hearing the economic associations.

(3) For production undertakings which are organised in the Central Industry Association and for which the average of persons employed at the same time between 1 July 1946 and 30 June 1947 did not exceed twenty, the Seating Office, acting on a proposal from the Central Industry Association, will decide in agreement with the Ministry of Industry, after the case with the Ministry of Nutrition whether it is a business undertaking under this Regulation.

(4) The undertakings referred to in the preceding paragraphs are the medium assets referred to in Paragraph 6 (2) of the Confiscation Decree and small business enterprises referred to in Section III of Act No. 31 / 1947 Coll. ("the Act '); they remain known only as" enterprises'.

§ 2.

This Regulation shall not apply to the following undertakings:

A. Crafts (production and subordination):

1. which were incorporated into the Central Union of Industry and its Groups and undertakings which were organised after 5 May 1945 from the Central Union of Industry to the Central Union of Crafts;

2. for which the average of the persons employed simultaneously between 1 July 1946 and 30 June 1947 exceeded 20;

3. which have the character of both industrial and craft undertakings, except that the industrial part can be separated operationally and economically from the craft part;

4. accounting, balance sheet, review, economic advisory, advertising and recruitment and surveillance public undertakings.

B. Business undertakings:

1. Business enterprises

(a) in the Czech and Moravian-Silesian countries, which are members of the economic group of wholesale and foreign trade of the Central Trade Union, but a commercial undertaking included in the economic group of wholesale and foreign trade would operate small trade. Where retail trade has been included in the wholesale and foreign trade economic group, the settlement authority shall decide, in agreement with the Ministry of Internal Trade after hearing the Central Trade Union, whether it is an undertaking under this Regulation; in the same way, a national administration trading undertaking shall be decided upon if it has been relocated, under the effectiveness of the Act of the Economic Group of Wholesale Trade and Foreign Trade, to an economic group of retail trade, or if an earlier undertaking operating both wholesale and retail has been withdrawn from the Economic Group of wholesale and foreign trade;

(b) in Slovakia, shops which are registered as wholesale in chambers of commerce and industry;

2. commercial and unit houses;

3. publishing house;

4. brokerage and recruitment business enterprises,

(a) the commercial management (commercial representation) pursuant to § 59c) of the Trade Code, in Slovakia pursuant to § 77 of the Trade Code, the brokering of the purchase and sale of movable goods, the communication of addresses of buyers and buyers, the keeping of records of sources of purchases, the collection of orders and offers of goods and movable goods,

b) insert offices, representation in the field of inserting, brokering or closing orders (inserts), posters,

(c) real estate and credit intermediation, housing offices pursuant to the Act of 19 August 1925, No 203 Coll., declaring certain branches of private intermediation to be a business concession in the sense of the Trade Code (Act),

(d) mediation in non-commercial negotiations (transactions) and public undertakings;

(e) construction business,

(f) intelligence, detective, collection, information and credit offices.

C. Inns and barbers:

1. included in the highest two price groups on the date of entry into force of the law, even if a part of the undertaking is included in a lower price group;

2. accommodation companies, included in the group A or B pursuant to the Government Decree of 13 July 1939, No 194 Coll., on the classification of the undertakings of the innkeeper's business with the right to accommodate foreigners, in Slovakia pursuant to the Government Decree of 8 May 1939, No 96 Sl. z., on the classification of the undertakings of the innkeeper's and of the weaning business with the right to accommodate foreigners, even if such an undertaking is linked to the operation of one of the authorisations referred to in § 16, paragraph 1, point (b) to (g) of the Commercial Code, in Slovakia in § 23, paragraph 1, point (b) to (g) of the Commercial Act, and that part of the undertaking is included in a group other than one of the two price highest groups;

3. large accommodation undertakings classified under Government Decree No. 194 / 1939 Coll., Slovakia under Government Decree No. 96 / 1939 Coll. z., Group C, where they are relevant for foreign tourism as well as other facilities serving a significant degree of foreign and tourist tourism which have been excluded from the allocation provided for in this Regulation by the occupying office in agreement with the ministries of foreign trade and internal trade after the hearing of the Central Union for Foreign Tourism.

D. Transport undertakings:

1. international shipping undertakings and international transport undertakings;

2. storage undertakings (public warehouses);

3. undertakings of irregular freight transport by motor vehicles and ferries for which the average of persons employed at the same time between 1 July 1946 and 30 June 1947 exceeds 20;

4. mass passenger transport undertakings by motor vehicles, whether regular or irregular, for which the average of persons employed simultaneously between 1 July 1946 and 30 June 1947 exceeds 20; where such transport is operated by a single operator, if, at the same time, the number of such staff exceeds 20 for regular services, for irregular 10;

5. passenger non-public transport undertakings which have an irregular (car taxi) average number of operating units between 1 July 1946 and 30 June 1947 exceeding five.

E. Cruises, driving schools, travel agencies and betting brokers.

F. Dentistry businesses.

G. Electrotechnical enterprises,

for which the average of persons employed simultaneously between 1 July 1946 and 30 June 1947 exceeds 20.

§ 3.

(1) In the cases referred to in Article 2, the occupancy office may, in view of the manner of operation, the location or number of employees of the undertakings in an agreement with the competent Ministry after the hearing of the relevant Central Union, recognise the confiscated property as an undertaking under this Regulation and determine it for allocation.

(2) Undertakings falling under the concept of medium-term assets may, in agreement with the competent Ministry, be excluded from the allocation provided for in this Regulation, taking into account in particular the size or importance of the undertaking, the number of employees, exceptional equipment, in particular machinery or capital equipment, turnover, recovery or privileged status, in agreement with the relevant economic union.

§ 4.

The extent of the company's confiscated assets.

(1) The confiscated assets of the undertaking include all items which have so far served the operation of the undertaking, in particular property, rights (company, stamps, samples, patents, licences, water rights, etc.), notes, securities, holding books, cash, receivables, and all finished and unfinished products, semi-finished products, stocks and matter belonging to the undertaking on the date determined by the occupancy office by decree in its Journal (operative date), and those which are not owned by a person whose property is not subject to confiscation.

(2) In addition, both cash and non-cash liabilities are part of the confiscated property.

(3) The confiscated property does not include housing.

(4) The confiscated property shall be drawn up and charged by the national administrators in accordance with the directives issued by the settlement authority and the National Recovery Fund in agreement with the Ministry of Finance, Industry, Internal Trade and Nutrition and the Supreme Accounting Audit Office.

The ration point.

§ 5.

(1) The Seating Office, deciding on the allocation, shall determine which parts of the property will be allocated to the tenderers (the allocation body) and which will be excluded from it and taken over by the National Recovery Fund (the Fund); the fund shall impose on the allocation of the measures to be taken on the excluded parts of the property.

(2) In principle, all movable and immovable property which form part of the property shall be allocated unless they are excluded under Paragraph 6.

(3) The allocation of assets also includes another asset or part thereof, which will be merged into one allocation according to § 1 of the Act and under this Regulation (§ 7).

§ 6.

(1) The following shall be excluded from property (Section 4):

A. Assets:

(a) establishments or parts thereof which are not necessary for the operation of the undertaking or which will be exempted for other important reasons;

(b) fixed deposits;

(c) cash, securities and immediately payable claims on cash institutions, unless they are necessary for operating capital;

(d) any liability created during the period of infreedom for the operation of equipment or goods, investment and liability arising from excess profits;

(e) claims arising before 10 May 1945 against owners of property, confiscated under the confiscation decree or under the decree of the President of the Republic of 21 June 1945, No 12 Coll., on confiscation and accelerated distribution of the agricultural property of Germans, Hungarians, as well as traitors and enemies of the Czech and Slovak people, in Slovakia under the Decree of the Slovak National Council of 23 August 1945, No 104 Coll. SNR, on confiscation and accelerated distribution of the agricultural property of Germans, Hungarians, as well as traitors and enemies of the Slovak people, as amended by the Decree of the Slovak National Council of 14 May 1946, No 64 Coll. SNR,

(f) claims on the German Empire, debtors in the German Empire and States which are obliged to pay reparations and their members;

(g) patents relevant to State defence or other public interest. The allocation of other patents and intangible rights (company rights, stamps, samples, licences, copyright, etc.) may exceptionally and in justified cases reserve a later decision.

B. Liabilities:

(a) Cash liabilities incurred before 10 May 1945;

(b) cash liabilities arising after 9 May 1945, where the asset is likely to be overindebted and where the fund takes them over for settlement in cases of special consideration as liabilities that are not due to the allocation.

(2) The claims and obligations referred to in paragraph 1, as well as payments made before 10 May 1945, shall be declared in detail by the tenderer in the application for allocation and shall be accompanied by documents.

Merger and distribution of assets.

§ 7.

(1) The Seating Office and the National Recovery Fund may, for reasons of economic efficiency, combine undertakings and other property or its components, confiscated under a confiscation decree (Section 1 of the Act). The merger of assets or components thereof shall take place after a prior hearing of the relevant economic union, in the case of its territorial component.

(2) Where a person who is not single is considering the allocation of an undertaking whose establishment is in a family home, he is to propose the merger of the family house (including with the relevant building lot and, where appropriate, the bordering land, registered in the same bookcase) with the holding in one allocation substance. The Seating Office and the National Recovery Fund may merge with the undertaking for the purpose of improving its operation or for other economic purposes another property or movable property belonging to another confiscated property into one allocation.

(3) Where parts which were not associated with it on the date of the entry into force of this Regulation are related to the property nature, in particular if they are brought in or are part of another property, the occupancy office may, at the request of the applicant, merge those parts with the property into one allocation substance. Also, items serving the operation of an undertaking which have been confiscated by a person other than the original owner of the undertaking may be merged by the occupancy office and the National Recovery Fund with the allocated property into a single allocation if necessary for the operation of the undertaking.

(4) The merger of undertakings can only be carried out if the merged undertaking remains a small business undertaking.

(5) The measures referred to in paragraphs 1 and 2 shall be implemented by the settlement office in the allocation decision.

§ 8.

In the case of the distribution of undertakings or parts thereof (Section 1 of the Act), it shall be treated mutatis mutandis in accordance with the provisions of Sections 7, 1 and 5.

§ 9.

Only one undertaking may be awarded to the same tenderer; Exceptionally, several undertakings may be awarded to a single tenderer if they have been merged (Paragraph 7) into one allocation substance, provided that the tenderer is operated in person, at a joint post and demonstrates compliance with the conditions prescribed for such undertakings [§ 22, paragraph 1, point (e)].

§ 10.

An enterprise associated with agricultural property.

(1) If the allocation of undertakings associated with agricultural property, confiscated under Decree No. 12 / 1945 Coll. (in Slovakia under the Slovak National Council Regulation No. 104 / 1945 Coll. SNR, as amended by the Slovak National Council Regulation No. 64 / 1946 Coll. SNR), the District National Committee finds before the proposal for the allocation of an undertaking whose proceeds would not guarantee a decent living allowance, whether the real estate in which the company was operated was or may be awarded under those regulations or under the decree of the President of the Republic of 20 July 1945, No. 28 Coll., on the settlement of agricultural land of Germans, Hungarians and other enemies of the State of Czech, Slovak and other Slovak farmers, and whether it could be allocated to that property by the agricultural land which it would guarantee to it in conjunction with the enterprise. These circumstances are identified by the District National Committee by a query with the Regional Commission of the Slovak National Council, if it is an allocation under Decree No. 12 / 1945 Coll., in Slovakia under that regulation; If the allocation according to Decree No. 28 / 1945 Coll., the district national committee will carry out this finding with the Ministry of Agriculture - the local competent settlement committee. The Ministry of Agriculture shall, as far as possible, allocate to the same applicant the property in which the holding was operated and the necessary agricultural land.

(2) An undertaking located in an agricultural holding shall be allocated to that holding where the allocation complies with the provisions of this Regulation.

Oddíl 2.

An assessment of the allocation nature.

§ 11.

Receipt price.

The taking-over price of the allocated undertaking is the allocation price calculated in accordance with Paragraph 12 (1), if increased by an amount corresponding to the exceptional return value of the holding (§ 13).

Calculation of the allocation price.

§ 12.

(1) The basis for the assessment of the allocation substance is the familiarity (inventory of the valuation) of the components of the property, compiled by the allocation according to the directives issued by the settlement authority and the National Recovery Fund in agreement with the Ministry of Finance, Industry, Internal Trade and Nutrition, the Supreme Accounting Audit Office and the Supreme Audit Office; the following principles shall be followed:

(a) in the case of machinery, machinery and other equipment and office furniture, the price shall be determined by subtracting for wear, after depreciation, from the prices determined in accordance with the provisions of the highest price office at the time of estimation for new goods of the same type, or for goods comparable;

(b) raw materials shall be valued at cost at the relevant date; non-sales goods which have not been purchased or produced by an allocation are valued at the actual present value;

(c) the remuneration for semi-finished products and finished products is equal to the cost of production; if the production is not its own, the cost of the purchase shall be determined on the relevant date;

(d) the claims shall be valued at nominal value unless they are proven and unjustifiable. Claims in foreign currencies shall be valued at the official rates applicable on the relevant day, unless otherwise specified in the specific provisions. The value of the receivables shall be reduced by the amounts which will become proven and undue impenetrable; the deduction shall be made by the Fund no later than five years after the decision on the allocation by an additional reduction in the taking-over price;

(e) the remuneration for the family house, in the case of a building plot, shall be calculated in accordance with the relevant provisions of the family house allocation regulation;

(f) the remuneration for another property shall be calculated according to its general price.

(2) If, according to the decision on the allocation, the allocation for the deduction from the acceptance price of the undertaking takes over, the following shall apply:

(a) Cash commitments with accessories shall be deducted from the taking-over price by nominal value;

(b) liabilities for non-monetary benefits shall be estimated in accordance with the principles of the Government Decree of 23 June 1933, No 100 Coll., laying down provisions on the valuation of real estate in the execution procedure (the order of estimates).

(3) The evaluation carried out under the previous paragraphs will be reviewed by the Fund.

(4) Management expenses and benefits and fees incurred by the procedure are paid to the allocation.

§ 13.

(1) The taking-over price of the holding shall be increased by an amount corresponding to the exceptional return value of the holding only for undertakings with a likely net annual return exceeding CZK 70,000.

(2) The amount corresponding to the exceptional return value of the holding is determined as follows:

1. An estimate shall be made, where an expert is involved, of the likely net annual yield, taking into account the location, type, size and equipment of the undertaking, as well as the local conditions, condition and prospects of settlement;

2. according to the yield thus estimated, the undertaking shall be classified in the exceptional return value of the undertaking in accordance with the table under No 3;

3. from the likely net annual yield, the amount of 70,000, - Kčs and 3% interest on the price of the allocation substance (§ 12) shall be deducted. The resulting amount shall be multiplied by the number corresponding to the relevant step according to the following table:

Stupeň mimořádné výnosové hodnoty:	Při čistém ročním výnosu:	Číslo:
I.	od 70.000 Kčs do 80.000 Kčs	1
II.	od 80.001 Kčs do 100.000 Kčs	2
III.	od 100.001 Kčs do 120.000 Kčs	3
IV.	od 120.001 Kčs do 150.000 Kčs	4
V.	od 150.001 Kčs do 180.000 Kčs	5
VI.	od 180.001 Kčs do 220.000 Kčs	6
VII.	od 220.001 Kčs do 260.000 Kčs	7
VIII.	od 260.001 Kčs do 300.000 Kčs	8
IX.	od 300.001 Kčs do 350.000 Kčs	9
X.	nad 350.000 Kčs	10

§ 14.

Method of payment of the acceptance price.

(1) Prior to the surrender of the allocation, the allocation must pay at least 10% of the taking-over price and the cost (§ 12 (4)) in cash. For reasons of special consideration, in particular where priority candidates are concerned, the Fund may, at the reasoned request of the allocation officer, be authorised to pay this part of the acceptance price in accordance with the procedure referred to in paragraph 2 or 3, on application for an allocation application.

(2) The remainder of the taking-over price, if not paid in cash, may be paid by the assignee by means of a transfer from the tied deposits of his wife (couple) and minor children living with him in the common household, up to the amounts of the simple benefit from the property increase (§ 37, paragraph 2 of the Act of 15 May 1946, No 134 Coll., on the property increase levy and on the asset benefit); legal persons may pay this part of the acceptance price from their tied deposits to an amount of CZK 50,000. These amounts shall not include tied deposits used to cover other confiscated assets.

(3) For the part of the acceptance price remaining after payment as referred to in the preceding paragraphs, the Fund shall, if necessary, provide a loan to the money institution authorised to do so. This loan may be granted by transferring the money institution's believed amount from its tied deposits to a special bank account at the Postal Savings Bank. The interest rate and conditions of this loan granted in tied crowns shall be determined by the Ministry of Finance in agreement with the National Bank of Czechoslovakia and the Fund.

(4) The persons referred to in Article 1 of the Law of 12 April 1946, No 75 Coll., on the granting of economic and legal relief to countrymen returning to their homeland, in particular from Hungary, may allow the Fund to pay the acceptance price for a reasonable period, not later than the transfer of their property abroad.

(5) The loan granted by the Fund to the Money Institute shall be amortised within a period to be agreed between the Allocation and the Money Institute. If the allotment to the holding is allocated a property, the Fund shall authorise the deposit of the lien in the land-based book to be entered in the land-based property to secure the loan provided.

§ 15.

Reduced take-over price.

(1) The allocation price, calculated in accordance with § 12, may be reduced by up to 50% by the occupants of the persons referred to in § § 1 and 6 of the Act of 19 December 1946, No 255 Coll., on the members of the Czechoslovak army abroad and on certain other participants in the national exemption struggle, and by the persons referred to in § 84, paragraph 1 of the Act of 18 July 1946, No 164 Coll., on the care of military and war victims and the fascist persecution, taking into account the social needs of the applicant and the return of the company.

(2) Persons other than those referred to in paragraph 1, in particular persons referred to in Article 1 of Decree No 75 / 1946 Coll. and persons who, as a result of their employment in an undertaking which is awarded to them, have become unfit for early work, may, for reasons of special concern, authorise a reduction in the acceptance price, taking into account the social needs of the applicant and the return on the holding by up to 25%.

(3) The Seating Office and the National Recovery Fund may authorise allocations worthy of special consideration for each child who is not more than 14 years of age on the day on which the application is submitted, a deduction of up to 5% of the acceptance price. Allowances which, as national administrators, have been significantly deserving of an enterprise, may be authorised by the Seating Office and the National Recovery Fund to deduct up to 10% of the exceptional yield value; in cases of above-average personal merit, the allocation of the company's increase, which has also been reflected in its exceptional yield, may be authorised to deduct up to 20% of the exceptional yield value.

(4) The reduction provided for in the preceding provision shall be authorised in the decision on the allocation at the reasoned request of the tenderer, applied for when the application or application for allocation is submitted (§ 40 (1)). The rate of reduction shall not exceed 50% of the taking-over price.

§ 16.

Adjustments to the acceptance price.

If, following the surrender of the assigned undertaking to the phenomenon, circumstances that would otherwise have a decisive impact on the level of the assumed price, the Fund may, within 10 years of the surrender of the assigned undertaking (§ 50), readjust the taking-over price; This can only be done to the detriment of the allocation if these circumstances are not taken into account by its fault.

§ 17.

Help the allocation.

The Fund may, at its request, grant an operating loan in accordance with § 5 (1), (5) of the confiscation decree, unless it is possible to obtain the allocation on its own in accordance with money market practices. This loan will be facilitated in accordance with directives issued by the Central Commission for Internal Resettlement following previous negotiations with the Central Money Union.

Oddíl 3.

Candidates.

§ 18.

Basic assumption.

All applicants for the allocation must, within the prescribed period, make themselves known in accordance with the procedure laid down in Section 20 and demonstrate compliance with the prescribed conditions (Sections 22 and 23). The National Administrator who does not submit the application will be revoked.

§ 19.

Priority candidates.

(1) Priority bidders (paragraph 2) have priority rights to the allocation of undertakings, released under Article 13 of the law in the border territory, and to the allocation of all undertakings in other territories.

(2) Preferential applicants are those listed in Sections 1 and 6 of Act No. 255 / 1946 Coll., which are not located, and in § 84, § 1 of Act No. 164 / 1946 Coll., which are not existentially secured (§ 6, paragraph 1 of the Act).

(3) The position of the applicant (paragraph 2) is to consider those preferred candidates who have already been placed in a post reserved under § 3 (1) of Act No. 255 / 1946 Coll., whether the location has become the exercise of a priority right under this Act or not, or who have already successfully exercised the priority right under § 4 (a) to (e) of that Act. This provision shall not apply to priority candidates, dismissed from public services or from the services of national undertakings in order to reduce the number of employees, as well as to those priority candidates who leave those services voluntarily and pursue their original profession unless they are permanently placed there. If the awarded undertaking cannot be operated without the fault of the tenderer, the tenderer may not be considered as located. The opinion that the applicant is not considered to be located shall be delivered by the Ministry of Defence in agreement with the occupancy office.

(4) The existence of a secure tenderer (paragraph 2) falling under the provisions of § 84, paragraph 1 of Act No. 164 / 1946 Coll., shall be regarded as a candidate whose priority right has been satisfied by one of the methods laid down in points (a) to (d), provided that the claim has not disappeared or the tenderers are not excluded from entitlement under that law. The provisions of paragraph 3, second and third sentences shall apply mutatis mutandis. The opinion that the applicant is not considered to be existentially secure shall be delivered by the Ministry of Social Welfare in agreement with the Seating Office.

§ 20.

A way of applying for rations.

(1) Allocation may be sought (Paragraph 40 (1)):

1. application:

(a) in the border territory, if it is a national administrator established before 1 May 1946 or a priority candidate who is the national administrator for at least three months on the day of filing the application;

(b) in other territories, if it is a national administrator who is the preferred candidate and, on the day on which the application is submitted, at least three months of the national administrator;

2. Applications:

if it is a national administrator that is not a priority candidate. The application may not be lodged until three months after the provision by the national manager of the undertaking. The time limit for submitting the application shall be fixed by the occupancy office.

(2) The legal person for whom the requirements of Paragraph 24 (1) and (2) are fulfilled is applying for the allocation by application (paragraph 1 (1) (1) (1) (1) (1) (2)).

§ 21.

Registration of applicants.

(1) Preferential candidates who are not yet national administrators shall submit a request for a provision to the national administrator at the residence office within the time limit laid down by the Order of that Office, to be issued in agreement with the Ministry of National Defence and the Ministry of Social Welfare and published in the Official Journal (§ 6, paragraph 1 of the Act).

(2) Priority candidates who are not yet three months old on the date of publication of the relevant framework plan shall notify the occupancy office on the prescribed form that they intend to apply for the allocation of the undertaking managed by them.

(3) However, national administrators which are not the preferred candidates comply otherwise with the terms of the law and this Regulation shall notify the occupancy office on the prescribed form that they intend to apply for an allocation.

(4) The other candidates shall submit a request for a provision by the national administrator within a time limit to be determined by the occupancy office.

§ 22.

General conditions.

(1) The applicant must demonstrate that:

(a) a Czechoslovak national citizen, or that he is regarded as such under § § § 1 or § 2 of the Constitutional Act of 12 April 1946, No. 74 Coll., on the granting of citizenship to countrymen returning to his country,

(b) Czech, Slovak or other Slavic nationalities,

(c) nationally and nationally reliable,

(d) court-appointed,

(e) eligible under trade legislation for the operation of an undertaking which is applied for, and that:

(f) it shall properly manage the undertaking as a national administrator for at least three months.

(2) The provisions on nationality [paragraph 1 (b)] do not apply to tenderers referred to in Sections 1 and 6 of Act No. 255 / 1946 Coll. However, the applicants referred to in § 84 (1) of Act No 164 / 1946 Coll. must prove that they are not German or Hungarian.

(3) Exemptions and concessions from the obligation to submit a full licence may only be authorised under the applicable trade legislation.

§ 23.

Special conditions for national administrators - applicants in border territory.

(1) The following additional conditions shall apply to applicants for an undertaking in the border territory:

(a) that he does not have his own apartment elsewhere or that he will give it up in the event of an assignment;

(b) that his family members living with him in the common household are not German or Hungarian nationalities and that they are of legal integrity and statewide reliability. Exceptions to the nationality of family members may be granted only if they are not married after 21 May 1938.

(2) A candidate who is a national administrator in the border territory (§ 5 (1), (3) of the Law) must demonstrate that the following additional conditions are fulfilled in addition to the general conditions (§ 22 (1)):

(a) that, at the latest from the date of entry into force of the law, he is resident in the place where the undertaking is managed by him or in his immediate vicinity;

(b) that it manages the undertaking in person, not later than 1 May 1946; However, this condition shall not apply to priority tenderers.

(3) A member of the family referred to in paragraph 1 (b) shall be considered as a member of the family, provided that he or she is living with the applicant in the common household. For children under 18, it is assumed that they meet the conditions of § 22 (1) (a) to (c) as well as the applicant. However, judicial integrity must always be demonstrated after 14 years.

(4) Children who do not live with a common household applicant shall be considered as family members if the applicant receives educational fees under the applicable rules.

§ 24.

Allocation to a legal person.

(1) An undertaking may be assigned to a legal person before all tenderers, provided that there are serious reasons (paragraph 2) and that it proves that the following conditions are met:

(a) the national administrator has been established in this company before the law for the investigation of legal regulations, in particular Act No. 255 / 1946 Coll.

(b) the national administrator has been designated under the authority of a legal person;

(c) the legal person is authorised to operate the managed undertaking.

(2) In particular, significant economic reasons, in particular the promotion of production and price reductions, social and cultural reasons, the tasks of the building plan and the fact that the business of the legal person is in the interest of the public is more important than that of the individual, shall be regarded as serious grounds under Article 10 (2) of the Act for which the legal person may be given priority over all tenderers; In doing so, it must be examined whether such undertakings are usually also operated by legal entities. The establishment office shall decide whether there are serious reasons and whether such undertakings are usually operated by legal entities after hearing the relevant economic associations.

(3) Otherwise, legal persons may apply for an allocation after the satisfaction of the persons referred to in Section 7 (3) of the confiscation order, if they are established in accordance with Section 25 (2), or if they prove that the undertaking for which they are applying is properly managed by the national administrator designated under their responsibility for at least three months.

§ 25.

Competition of national administrators.

(1) Where more than one national trustee has been asked to award an undertaking which complies with the conditions laid down, the allocation shall take account of the persons referred to in Article 7 (3) of the confiscation decree. The same eligible candidates shall be decided by the occupancy office according to free discretion, taking into account in particular the social and family circumstances and the improved professional qualifications of the applicants (§ 11 (2) of the Act). Longer training is also considered to be better professional qualifications. The Seating Office may request that the tenderer submit, in addition to the prescribed documents, a known asset certified by the tax administration and the local national committee.

Citation	Government Decree No. 106 / 1947 Coll., on the Allocation of Small Confiscated Business Enterprises (Allocation Regulation for Business Enterprises)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	01.07.1947
Effective from	01.07.1947
Effective until	-
Status	Valid

Government Decree No. 106 / 1947 Coll.

Ordinance on the allocation of small confiscated business enterprises (Ordinance on the allocation of small business enterprises)

Contents