Decree No. 112 / 2003 Coll.
Ordonnance on the requirements of the instruments of incorporation and the conditions for deciding on the establishment, modification and cancellation of schools and educational establishments as state contribution organisations
Valid
Order
Effective from 05.05.2003
Text versions:
05.05.2003
22.04.2003
112
DECLARATION
of 4 April 2003
on the formalities for the instrument of establishment and the conditions for deciding on the establishment, modification and cancellation of schools and educational establishments as state contribution organisations
The Ministry of Education, Youth and Sports provides, pursuant to § 12 paragraph 7 of Act No. 564 / 1990 Coll., on State Administration and Self-Government in Education, as amended by Act No. 284 / 2002 Coll.:
The Ministry of Education, Youth and Sports (hereinafter referred to as "the Ministry ') establishes schools and school establishments (1) as a state contribution organisation (hereinafter referred to as" the organisation'). Part of the State Contributions Organisations established, amended and repealed by the Ministry in accordance with the conditions of its long-term intention to educate and develop the education system2) and in accordance with the needs and opportunities of the development of the network of schools and educational facilities, 3) may be one or more schools and educational facilities. 4)
(1) The establishment, division and association of the organisation are decided by the Ministry and its instrument of incorporation. The organisation shall be established on the date specified in the instrument of establishment.
(2) The merger, establishment or cancellation of a school or a school establishment as an internal organisational part of an organisation and changes to the information contained in the establishment list are decided by the Ministry; the decision shall include the issue of an amendment to the instrument of incorporation.
(3) The organisation shall be changed on the date specified in the instrument of incorporation or in the instrument of incorporation.
(4) The abolition of the organisation shall be decided by the Ministry, which shall at the same time revoke the instrument of establishment. The organisation shall cease to be the date specified in the decision to cancel the organisation.
(5) In the event of cancellation, division, association, merger, establishment or cancellation of a school or school establishment as an internal organisational part of an organisation, the Ministry shall at the same time decide which organisation it has set up shall assume the rights and obligations of the repealed or amended organisation or any other means of settling those rights and obligations.
(1) The establishment list of the organisation includes:
(a) the designation of the Ministry, including its identification number;
(b) the name and address of the organisation; the name shall include:
1. an indication of the type of school or school establishment; or
2. a description of the types of schools or school establishments, if the organisation has two or more internal organisational components; This does not apply in the case of school establishments if they are part of a school under special legislation, 5)
(c) the designation of schools and educational establishments which are an internal organisational part of the organisation, indicating the reference to the relevant provisions of the law, 1) which define the main purpose and the corresponding subject matter of the activities of each internal organisational component;
(d) the date of establishment of the organisation;
(e) determining the period for which the organisation is established and, where appropriate, indicating that it is established for an indefinite period;
(f) name, surname and date of birth of the Director of the Organisation, 6)
(g) the designation of the assets entrusted by the Ministry to the organisation on the date of establishment of the organisation; such designation of assets may be provided in the annex to the instrument of incorporation,
(h) the subject matter and scope of other activity7) to make better use of the economic possibilities and expertise of the staff of the organisation; the other activity must not interfere with the activities of schools and educational establishments in the organisation and shall be monitored separately;
(i) the date of issue of the instrument of incorporation.
(2) The establishment list of the organisation provides for legal acts of the organisation which are subject to the approval of the Ministry under a special law. 8)
(1) The property shall be identified in the instrument of incorporation according to the following breakdown:
(a) immovable property recorded in the register of immovable property, as well as apartments and non-residential premises, if they are separately owned, with the particulars prescribed for registration in the register of immovable property, 9)
(b) movable and immovable property which are not recorded in the property register;
1. individually, if they are long-term property, for real estate with an indication of the land on or under which they are located,
2. by species and quantity, if they are stocks,
(c) total funds, including cash and cash in accounts;
(d) total prices,
(e) claims on money and, where appropriate, payments not yet received or refunds from other persons in total, indicating the total nominal value;
(f) software acquired separately in total;
(g) other assets, if entrusted to the organisation.
(2) The following shall be indicated separately:
(a) real estate and movable property, or, where appropriate, their files declared a cultural monument;
(b) collections of museum and gallery value;
(c) library funds.
(3) In the case of assets held in the accounts, the prices shall be indicated at the same time as the accounts of the Ministry or, where appropriate, of the other organisational units of the State or a contribution organisation set up by it, which was still responsible for the management of the assets entrusted to it.
The establishment, changes and demise of the organization is announced by the Ministry in the Ministry Bulletin and in the Central Journal of the Czech Republic. The notification shall include the name, registered office, identification number and date of establishment, modification or termination of the organisation. This information shall be communicated by the Ministry within 1 month of the date on which the organisation was created, modified or terminated.
This decree shall take effect on 5 May 2003.
Minister:
JUDr. Buzková v. r.
1) Act No. 76 / 1978 Coll., on educational establishments, as amended by Act No. 31 / 1984 Coll., Act No. 425 / 1990 Coll., Act No. 390 / 1991 Coll., Act No. 190 / 1993 Coll., Act No. 138 / 1995 Coll., Act No. 19 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 109 / 2002 Coll. and Act No. 284 / 2002 Coll. Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (School Act), as amended by Act No. 188 / 1988 Coll., Act No. 171 / 1990 Coll., Act No. 522 / 1990 Coll., Act No. 134 / 1993 Coll., Act No. 190 / 1993 Coll., Act No. 331 / 1993 Coll., Law No. 132 / 2000 Coll. and Act No. 284 / 2002 Coll. Act No. 564 / 1990 Coll., on State Administration and Self-Government in Education, as amended by Act No. 190 / 1993 Coll., Act No. 256 / 1994 Coll., Act No. 139 / 1995 Coll., Act No. 132 / 2000 Coll., Act No. 258 / 2000 Coll., Act No. 3 / 2002 Coll. and Act No. 284 / 2002 Coll. Act No. 109 / 2002 Coll., on the performance of constitutional education or protective education in educational establishments and on preventive educational care in educational establishments and amending other laws.
2) Paragraph 12 (5) (g) of Act No. 564 / 1990 Coll.
3) Part of Act No. 564 / 1990 Coll.
4) § 1 (1) of Act No. 76 / 1978 Coll. § 2 (2) of Act No. 29 / 1984 Coll.
5) § 45 of Act No. 29 / 1984 Coll.
6) Paragraph 20 (1) of the Civil Code.
7) Paragraph 63 (1) of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules).
8) § 45 paragraph 2 of Act No. 219 / 2000 Coll., on the property of the Czech Republic and its presentation in legal relations.
9) § 5 paragraph 1 of Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll.
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Regulation Information
| Citation | Decree No. 112 / 2003 Coll., on the requirements of the instruments of incorporation and the conditions for deciding on the establishment, modification and cancellation of schools and educational establishments as state contribution organisations |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.04.2003 |
|---|---|
| Effective from | 05.05.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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