Act No. 113 / 1990 Coll.
Act amending and supplementing Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs, as amended by Act No. 102 / 1988 Coll.
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Effective from 01.05.1990
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113
THE LAW
of 19 April 1990
amending and supplementing Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs, as amended by Act No. 102 / 1988 Coll.
The Federal Assembly of the Czechoslovak Federal Republic has decided on this law:
Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs, as amended by Act No. 102 / 1988 Coll., is amended as follows:
1. In § 1, the word "legal" is deleted after the words "establishment of the organizational components of Czechoslovak."
2. in Section 4, points (c), (d) and (e) are deleted.
3. In Paragraph 5, paragraphs 1 to 3 are deleted; at the same time, the numbering of paragraphs is deleted. The beginning of the text of the remaining paragraph shall be as follows:
"The State manages and controls foreign economic activity only by law so that business activity... '.
4. Article 6 (1) (a) reads as follows:
"(a) the export of goods from the Czechoslovak Federal Republic and the import of goods into the Czechoslovak Federal Republic for the purpose of selling or otherwise disposing of or using in the manufacture or supply of services or occupation, as well as exports from the Czechoslovak Federal Republic and imports into the Czechoslovak Federal Republic for their other economic activities (commercial exports and imports);"
5. the provisions of point (f) of Article 6 (1) shall be deleted;
6. Paragraph 6 (2) (a) reads as follows:
"(a) the export of goods from the Czechoslovak Federal Republic and the import of goods into the Czechoslovak Federal Republic for the purpose of sale or other theft or use in the manufacture or provision of services or occupation, as well as exports from the Czechoslovak Federal Republic and imports into the Czechoslovak Federal Republic for their other economic activities (commercial exports and imports);"
7. Paragraph 6 (3) is deleted. Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.
8. In Article 6 (4), in the introductory sentence of this paragraph, the word "paragraphs' is replaced by" paragraphs' and the words "and 3 'are deleted.
9. in Article 6 (5), the words "in the field of advocacy" in point (c) shall be replaced by the words "persons entitled to do so under Czechoslovak general law;"
10. the provisions of point (e) of Article 6 (5) shall be deleted;
11. The heading of Section 2 of Title 2 of Part II shall read as follows:
"Registration and authorisation of foreign trade activities'.
12.
(1) Foreign trade activities may only be carried out by:
(a) Czechoslovak persons registered in a company register - on the basis of registration, in cases where registration is not required under this law and in cases where authorisation is required under this law;
(b) foreign persons - on the basis of an authorisation granted, except where the authorisation is not required.
(2) Paragraph 1 shall also apply to persons who are authorised by another legislation to carry out a foreign economic activity, with the possibility that such authorisation may be restricted only by law and, where appropriate, only in the cases and under the conditions laid down by law.
(3) Authorisation to conduct foreign trade activities is required for Czechoslovak persons where:
(a) goods are subject to import, other than those intended for use in the manufacture of the person making the importation, or, where appropriate, other than those intended for the pursuit of the profession of that person, or the subject of export, goods other than from the actual manufacture of the person making the export; goods of own production are products for which the technological process of processing entails a substantial change in the quality and performance of the raw materials, materials and semi-finished materials purchased and in which the calculation exceeds the added value of the own production (direct wages, overhead, direct and sales costs and profit) of 30 per cent of the value of the item;
(b) the purpose of this activity is to mediate the work of a Czechoslovak natural person abroad or a foreign natural person in the Czechoslovak Federal Republic;
(c) are exports or imports of goods or other activities provided for by the Government of the Federal Republic of Czechoslovakia;
(d) the Czechoslovak person does not meet the conditions for registration set out in § 7c.
(4) Registration or authorisation for foreign trade is not required
(a) in the case of foreign persons, to conclude contracts which they conclude on their behalf with Czechoslovak persons entitled to foreign trade and to carry out such contracts; 9a)
(b) in other cases where, in the interests of the national economy of the Czechoslovak Federal Republic, it is not appropriate to bind the conduct of foreign trade activities to authorisation or registration under the conditions and to the extent laid down in the implementing rules issued pursuant to Article 9. ';
13. the following Sections 7a, 7b and 7c are inserted after Section 7:
The foreign trade activity of Czechoslovak persons is registered, revoked and the authorisation for foreign trade is granted, amended and withdrawn by the Federal Ministry of Foreign Trade.
(1) Before filing an application for registration of a foreign business activity, the appellant shall deposit, for that purpose separately, a debited account with a bank or savings bank 9b (hereinafter referred to as "the monetary institution ') with the cash amount referred to in paragraph 4 (hereinafter referred to as" bail'). Unless otherwise provided for in paragraph 2, the applicant shall have the right to repayment within 15 days of the date on which the decision to cancel the registration of his foreign business or the decision to refuse registration becomes final.
(2) If, in carrying out a foreign trade activity, the applicant infringes the obligations laid down for carrying out such an activity in a generally binding law or in an economic management body measure or endangers, in such an activity, the applicant, who is a Czechoslovak person, again or in a serious way, the reputation of the Czechoslovak entrepreneurs or, where appropriate, other Czechoslovak entities engaged in an economic activity in relation to abroad, the Federal Ministry of Foreign Trade may, in agreement with the Federal Ministry of Finance, decide that the applicant loses the right to return the bail or part of it. The funds which the appellant has lost the right to return shall be transferred by the Federal Ministry of Foreign Trade to the State Budget. The Federal Ministry of Foreign Trade may, at the request of the appellant, decide, in the context of the termination of foreign trade, that the deposit or part thereof will be repaid to the appellant before the date of termination of that activity and the deposit or part thereof. In the event of the loss of a bail or part thereof, the applicant shall, if he continues his foreign business, supplement the bail to the original amount.
(3) The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the conduct of foreign trade activities under authorisation.
(4) Bail amounts to
(a) 20 000 KCs for a Czechoslovak natural person;
(b) 100 000 CZK for another person.
(5) The cash amount deposit referred to in paragraph 1 shall be remunerated to the depositor on the same terms as other long-term deposits.
(1) The application for registration shall include:
(a) the legal person, his name, registered office, legal form, statutory authorities, the organisation's identification number and subject matter of the activity; a copy of the agreement with the Czechoslovak person who is still engaged in the registration of the proposed foreign trade activity for the applicant, on the manner in which the claims or other rights and obligations relating to foreign persons arising from the conduct of that activity between the applicant and that Czechoslovak person are settled or a declaration that the foreign trade activity in question is not and has not yet been carried out for him;
(b) the natural person, his name and surname, name under which he carries on the business, identification number, residence, birth number and economic activity to which he is entitled under special rules.
(2) The proposal also contains:
(a) the type and scope of the proposed foreign trade activity and, for exports of goods, the labelling of the tariff nomenclature;
(b) a description of the decisions on authorisations granted under the specific rules for carrying out economic activities in the territory of the Czechoslovak Federal Republic, where the proposed foreign trade activity cannot be carried out without such authorisations;
(c) an extract from the company register of a Czechoslovak person entering that register, including its subject matter.
(3) The particulars referred to in paragraph 1 and paragraph 2 (b) shall be supported by appropriate documents by the applicant.
(4) Furthermore, the Czechoslovak person will provide verified information on the financial eligibility for the proposed activity as well as proof of the deposit composition.
(5) If the application for registration does not contain the particulars referred to in paragraphs 1 and 2 or if the documents referred to in paragraph 3 and the information referred to in paragraph 4 are not supported, the Federal Ministry of Foreign Trade shall refuse registration within 15 days of receipt of the application.
(6) If, during or after registration, the facts mentioned in the application for registration change, the Czechoslovak person is obliged to notify those changes to the Federal Ministry of Foreign Trade within 15 days of the date on which it became aware of those changes.
(7) The Federal Ministry of Foreign Trade may cancel registration if the Czechoslovak person repeatedly or seriously infringes the obligations laid down for the conduct of foreign trade by a generally binding law or measure of the economic management9c), as well as if he fails to fulfil the obligation laid down in paragraph 6. It is true that for a period of one year from the date of the legal authority of the decision to cancel the registration made in accordance with the previous sentence, the conditions for the registration of the same activity for the Czechoslovak person concerned are not fulfilled. The Federal Ministry of Foreign Trade shall revoke the registration at the request of the applicant if it has ceased to carry out registered foreign trade activities. The Federal Ministry of Foreign Trade may cancel registration if it finds that the registered activity is not carried out by a Czechoslovak person for more than two years. Withdrawal of registration is notified by the Federal Ministry of Foreign Trade to the financial institution of the Czechoslovak person.
(8) The general rules on administrative procedures (administrative rules) are not applicable to registration proceedings, except for its revocation and appeal proceedings against decisions to refuse or revoke registration. Registration shall not be considered as an economic management body measure. (c) A proper application for registration must be decided without delay, but within 15 days of its delivery. The marketing authorisation shall contain a precise definition of the type and scope of the registered foreign trade activity, stating that the activity has been registered, the assigned registration number, the designation of the person for whom the activity has been registered, the instruction on the possibility of appeal, the date of registration, the designation of the official who has carried out the marketing authorisation and its signature; the marketing authorisation, which does not fully comply with the application for registration, shall also include a statement of refusal of part of the application and the justification for refusal of registration. Similarly, there is a decision rejecting the application for registration fully. Against the refusal of registration, the Czechoslovak person may appeal to the Foreign Trade Minister within 15 days of the date on which the refusal of registration was delivered to him. A marketing authorisation fully compliant with the application for registration may be made by indicating on a copy of the application for registration received by the applicant, a statement of registration, an assigned registration number, the date of registration and the affixing of the mark of the official who made the registration and its signature.
(9) The application for registration is submitted by the appellant to the Federal Ministry of Foreign Trade in duplicate. '
14. in Paragraph 8, paragraph 1 is deleted. Paragraphs 2 to 4 shall be renumbered paragraphs 1 to 3.
15. In the first sentence of Paragraph 8 (1), the words "which is a socialist organisation" are deleted.
16. in the third sentence of Paragraph 8 (1), the word "Others" shall be replaced by "Foreign."
17. in the first sentence of Paragraph 8 (2), the words "legal person" shall be deleted.
18. in Paragraph 8 (2), the second sentence is replaced by the following: "The Federal Ministry of Foreign Trade may withdraw or restrict the authorisation for foreign trade to a Czechoslovak or foreign person if the circumstances applicable to its granting under paragraph 1 have changed."
19. Paragraph 8 (3) reads as follows:
"(3) The foreign business activity, its amendment and withdrawal are registered in the company register with Czechoslovak persons."
20. In Article 9, the words "requiring authorisation under this Act may be carried out without such authorisation, under what conditions and to what extent." shall be replaced by the words "requiring registration or authorisation under this Act, may be carried out without registration or without authorisation, under what conditions and to what extent."
21. In Article 10, paragraphs 1 and 2 are deleted and in paragraph 3 the word "legal 'is deleted; the numbering of paragraphs shall be deleted at the same time.
22. Paragraph 11 is deleted.
23. in Paragraph 12 (1), the second sentence shall be deleted.
24. in Article 12 (3), the word "legal" is deleted and the words "which have been authorised for this activity, or which may carry on this activity without authorisation (§ 7 (2))." shall be replaced by the words "which carry on this activity on the basis of registration or authorisation granted, or which may carry on this activity without registration or authorisation (§ 7 (4))."
25. in Article 12a (3), the words "registration, where appropriate" shall be inserted after the words "replaced."
26. In the third sentence of Article 13 (3), the words "identification number 'shall be inserted after the word" registered office' and the last sentence of the paragraph shall be followed by the words "Application for registration of an undertaking in a company register ', which shall be annexed to such a proposal.
(a) the instrument of incorporation;
(b) the consent of the competent authority of the State administration to the subject of business, where the specific provision requires such approval. "
27. In Article 13, the following paragraph 4 is inserted after paragraph 3:
"(4) The Federal Ministry of Foreign Trade shall act as an economic management body in respect of a foreign trade undertaking under the conditions and to the extent laid down by law and in this capacity shall control the economic and social activity of the undertaking."
28.
(1) The State creates the conditions for the business activity of an undertaking in foreign trade and regulates this activity in particular by legislation.
(2) The activity and territorial scope of an undertaking may be restricted or intervened under the conditions and in the manner laid down by law. "
29.
(1) The Head of the Foreign Trade Company shall be the Director-General, who shall be the sole head of the business, and shall be responsible for it and its results to the Federal Ministry of Foreign Trade; acting as a statutory body on behalf of an undertaking. The Director-General shall be appointed and removed by the Minister for Foreign Trade. The Director-General shall appoint and withdraw his Deputy Directors who are the statutory bodies of the Foreign Trade Company. The Director-General and his Deputy Directors shall be entered in the company register as statutory bodies of the foreign trade undertaking. Eligibility to act on behalf of a foreign trade undertaking shall be acquired by the Director-General and his Deputy Director on the date of appointment. The effects of the termination of their duties vis-à-vis third parties shall take place from the date on which the amendments are registered.
(2) The internal organisation of the foreign trade undertaking and the organisation of internal management is within the exclusive competence of the undertaking. The internal organisation of a foreign trade undertaking shall be governed by the rules of organisation and, where appropriate, other corporate organisational regulations. The word "undertaking 'or" organisation' shall not be used in the designation of the internal organisational unit of the foreign trade undertaking. The foreign trade undertaking may determine which internal organisational units shall be entered in the company register as split plants. The head of the fissile plant shall be entered in the company register and shall be entitled to do all legal acts concerning the fissile plant on behalf of the undertaking.
(3) The foreign trade undertaking shall ensure that its assets are fully, effectively and economically used and protected. The Federal Ministry of Foreign Trade shall, in agreement with the Federal Ministry of Finance and the State Bank, amend the details of the management of the property of foreign trade enterprises by the Czechoslovak general law.
(4) The foreign trade undertaking shall keep the accounts prescribed, draw up the annual accounts and provide them to the competent authorities of the State. Review of the annual accounts of the foreign trade undertaking shall be carried out by an expert or, where appropriate, by an expert group designated by the Federal Ministry of Foreign Trade or by a verifier (auditor). The costs of the examination shall be borne by the undertaking.
(5) Foreign trade undertakings shall cooperate in their economic and social activities with the relevant national committees and participate in the comprehensive economic and social development of their territorial districts in the manner and under the conditions laid down by law. It shall also cooperate closely with the relevant national committee in implementing environmental protection measures. ';
30. In the first sentence of Article 15 (1), the words "the second sentence 'are replaced by the words" the first and the second sentences. The measures referred to in the previous sentence shall be expressed by the relevant trade union body and, at the end of the paragraph, the following shall be added: "The divisive undertaking shall cease to exist and its assets and liabilities and rights shall be transferred to the extent specified by the Federal Ministry of Foreign Trade to the newly created or, where appropriate, the acquiring foreign trade undertakings. The merged undertaking shall cease to exist and its assets, rights and obligations shall be transferred to the receiving foreign trade undertaking. When companies are merged, the existing foreign trade undertakings shall cease to exist and their assets, rights and obligations shall be transferred to the newly created foreign trade undertaking.'
31. the following sentence shall be added at the end of Paragraph 15 (2):
"The application for registration is filed by the Federal Ministry of Foreign Trade."
32. Paragraph 15 (4) reads as follows:
"(4) When the foreign trade enterprise is abolished, the Federal Ministry of Foreign Trade shall decide on the transfer of rights and obligations of the abolished foreign trade undertaking to another Czechoslovak legal person or on the execution of its property liquidation. In order to decide on the transfer of rights and obligations of the repealed foreign trade undertaking to a Czechoslovak legal person other than the foreign trade undertaking, the prior consent of the transferee is necessary. '
33. The following Sections 15a to 15e are inserted after Section 15:
(1) The purpose of the asset liquidation (hereinafter referred to as "liquidation") of the undertaking is to settle the assets of the company being wound up.
(2) The company will cease to exist after liquidation by deleting the company from the company register.
(1) The undertaking proposes the registration of its liquidator and liquidator or liquidators (hereinafter referred to as the liquidator) which it has appointed in the company register. During the period of liquidation, it uses its name with the addition "in liquidation."
(2) The date on which the liquidator was registered shall be the date on which the company's authorities cease to exist. The liquidator shall be entitled to act on behalf of the undertaking in matters relating to liquidation.
(1) On the date of the start of the liquidation, the undertaking shall draw up the accounts and forward them to the liquidator and the competent authorities.
(2) The liquidator shall, within 30 days of its registration, draw up an opening balance sheet at the date of the start of the liquidation and forward it to the Federal Ministry of Foreign Trade, together with a liquidation plan, a liquidation budget and an inventory of the extraordinary inventory of the economic resources carried out at the date of the start of the liquidation.
(3) The liquidator must in particular:
(a) to concentrate money on one Czechoslovak money institution;
(b) complete normal matters;
(c) to settle taxes and charges;
(d) settling liabilities and debts;
(e) to monetize or otherwise dispose of the property of the undertaking in the most economical and fastest manner, as decided by the Federal Ministry of Foreign Trade;
(f) submit quarterly and annual reports on the course of the liquidation to the Federal Ministry of Foreign Trade, supported by quarterly and annual accounts.
(1) The liquidator shall draw up the accounts at the end of the liquidation and submit them to the Federal Ministry of Foreign Trade for approval, together with a final report on the entire course of the liquidation.
(2) Liquidator after verification and clearance of accounts by the Federal Ministry of Foreign Trade and after fulfilment of tax obligations
(a) dispose of the final balance of the liquidation as decided by the Federal Ministry of Foreign Trade;
(b) ensure secure storage of the file material and accounting documents;
(c) notify the Court of First Instance of the termination of the liquidation of the application for the removal of an undertaking from the company register.
The liquidation of an undertaking in overindebtedness shall be governed by specific rules. 9d) '.
34. in Paragraph 17 (2) (a), the word "legal" shall be deleted;
35. in Article 17 (2), the following shall be inserted after point (b):
"(c) the sale of goods and services on the territory of the Czechoslovak Federal Republic for foreign exchange funds (hereinafter referred to as" foreign exchange funds ")."
36. The heading of Section 2 of Title 3 of Part II reads "Registration and Authorisation of Foreign Economic Services."
37. Paragraph 18 (1) reads as follows:
"(1) Foreign economic services may only be provided by:
(a) Czechoslovak legal persons established for that purpose with the consent of Article 19 (3);
(b) other Czechoslovak persons on the basis of a registration, unless it is a case where registration is not required and the services referred to in Article 17 (2) (c) which may be provided only on the basis and within the limits of the authorisation granted;
(c) foreign persons on the basis of an authorisation granted, unless the authorisation is not required. ";
38. In Paragraph 18 (2), "Authorisation to provide 'is replaced by" Registration or authorisation to provide'.
39. in Paragraph 18 (2) (b), the words "granting an authorisation" are replaced by the words "registering or granting an authorisation."
40.
(1) The provision of foreign economic services registers, repeals registration and permits to provide foreign economic services are granted, amended and withdrawn in the field of:
(a) the implementation of rail, air, river and river transport by the Federal Ministry of Transport;
(b) connections by the Federal Ministry of Communications;
(c) road transport and burial by the Ministry of the Interior of the Republic, in the case of authorisation in agreement with the Federal Ministry of Transport;
(d) Culture Ministry of Culture of the Republic;
(e) education by the Ministry of Education, Youth and Sports of the Republic;
(f) insurance by the Ministry of Finance, Prices and Wages of the Republic; in the case of an authorisation in agreement with the Federal Ministry of Finance;
(g) Health Ministry of Health and Social Affairs of the Republic;
(h) Bank Finance of the Czechoslovak State Bank; in the case of an authorisation in agreement with the Federal Ministry of Finance;
(i) foreign exchange sales by the Federal Ministry of Finance in agreement with the Czechoslovak State Bank and the Federal Ministry of Foreign Trade.
(2) Where, pursuant to paragraph 1, it is for the Ministry of the Republic to decide, this shall mean the Ministry of the Republic in which the Czechoslovak service provider has its registered office or, where appropriate, its domicile or foreign service provider.
(3) A Czechoslovak legal person whose business involves foreign economic services may be established or its business activity may be altered only with the consent of the authority responsible by analogy in accordance with paragraph 1.
(4) The authority which has cancelled or revoked the provision of foreign economic services has granted authorisation or amended or withdrawn such authorisation, or has granted, amended or withdrawn consent to the establishment of a legal person in accordance with paragraph 3, is obliged to notify the Federal Ministry of Foreign Trade within 10 days. The Federal Ministry of Foreign Trade shall keep a central register of such registrations, permits and endorsements on the basis of an allocated central registration number of foreign economic activity.
(5) Paragraph 7b and Article 7b and Article 7c (8) apply mutatis mutandis to the granting, modification and withdrawal of authorisations for the provision of foreign economic services. Paragraph 8 (1) shall apply in the case of sale for foreign exchange assets, but the authorisation may not be granted if it would be undesirable in respect of the Czechoslovak currency. '
41.Paragraph 20 repeals paragraph 1.
42. In Paragraph 20 (2), the word "legal" shall be deleted; the numbering of the paragraph shall be deleted at the same time.
43. In the first sentence of Paragraph 21 (1), the words "registered or 'shall be inserted after the words" which'. The third sentence of this provision is deleted.
44.
In the area
(a) the implementation of rail, air, river and river transport by the Federal Ministry of Transport;
(b) connections by the Federal Ministry of Communications;
(c) road transport by the Federal Ministry of Transport in agreement with the Ministry of the Interior of the Republic;
(d) cultures of the Ministry of Culture of the Republics;
(e) education by the Ministry of Education, Youth and Sports of the Republics;
(f) insurance of the Ministry of Finance, Prices and Wages of the Republics in agreement with the Federal Ministry of Finance;
(g) health services of the Ministry of Health and Social Affairs of the Republic;
(h) the Bank's bank-financing Czechoslovak State Bank in agreement with the Federal Ministry of Finance;
(i) burial of the Ministry of the Interior of the Republic;
j) Sales for foreign exchange funds Federal Ministry of Finance in agreement with the Czechoslovak State Bank
adjust, in agreement with the Federal Ministry of Foreign Trade, a general binding law
1. the particulars of the application for registration of foreign economic services, the cases where their registration may be refused or cancelled and which services, under which conditions and to what extent they may be provided without registration;
2. details of the procedure for granting, amending and withdrawing authorisation to provide foreign economic services and which services, under which conditions and to what extent they may be provided without such authorisation;
3. the progress of Czechoslovak persons in providing foreign economic services and organising and controlling such activities; in the case of foreign exchange sales, its legal form may be modified in addition to the conditions for such sale. ';
45. Paragraphs 23 to 36, including the headings of Titles 4, 5 and 6 of Part II, shall be deleted.
46. in Article 37 (2) and (3):
"(2) A foreign person may set up his trade representative and operate only on the basis of a registration, unless a registration is required.
(3) Registration shall not be required if, in view of the interests of the national economy of the Czechoslovak Federal Republic, it is not expedient to bind the establishment of a commercial representative of a foreign person to registration under the conditions and to the extent laid down in the implementing rules issued pursuant to Paragraph 39. "
47. § 38 reads:
(1) The establishment of a commercial office registers and repeals registration in the area
(a) the implementation of international rail, air, river and river transport by the Federal Ministry of Transport;
(b) the implementation of road transport by the Ministry of the Interior of the Republic in whose territory the commercial representative is to operate;
(c) Bank Finance State Bank of Czechoslovakia;
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Regulation Information
| Citation | Act No. 113 / 1990 Coll., amending and supplementing Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs, as amended by Act No. 102 / 1988 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.04.1990 |
|---|---|
| Effective from | 01.05.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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