Decree No. 116 / 1948 Coll.
Decree on the full text of the Decree of the President of the Republic on the nationalisation of mines and certain industrial enterprises
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116.
Decree of the Minister for Industry
of 3 June 1948
on the full text of the Decree of the President of the Republic on the nationalisation of mines and certain industrial enterprises.
Pursuant to Article IV, Section 1 of the Act of 28 April 1948, No 114 Coll., on the nationalisation of certain other industrial and other plants and on the adaptation of certain ratios of nationalised and national enterprises, I declare in the annex the complete text of the Decree of the President of the Republic of 24 October 1945, No 100 Coll., on the nationalisation of mines and certain industrial enterprises, as is apparent from the amendments and additions made by the provisions of Article II of Act No 114 / 1948 Coll.
Fierlinger v. r.
Annex to Decree No 116 / 1948 Coll.
Decret of the President of the Republic
of 24 October 1945
on the nationalisation of mines and certain industrial enterprises, as amended by the Act of 28 April 1948, No 114 Coll.
On the proposal of the Government and in agreement with the Slovak National Council, I establish:
The extent of nationalization.
(1) The date of notification of this decree is nationalised by:
1. Undertakings operated under the General Mining Act, the undertakings and the rights to seek and conquer lives, mining authorisations pursuant to § 5 of the Municipal Mining Act and the rights of owners of land pursuant to § 1, heading I, amount VII of the Temporary Judicial Rules 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 undertakings which, by their research or production focus, carry the development of military equipment, explosives production companies and other arms industry enterprises designated by the Minister of Industry in agreement with the Minister of 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, feldspar, refractory clay or high-value ceramic and 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 day-ahead glass and a glass factory with a total pelvic content of more than 1000 litres, depending on the state at the beginning of the effective day of this decree;
13. undertakings in whose primary production is the production of construction, 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 in whose primary production is the production of foreign goods, with more than 200 employees according to the average of the 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 machines for the treatment of textile waste, sewing thread and yarn, not further worked than weaving or knitting, for the manufacture of wadding of natural and artificial fibres, bandages, weaving machines for 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. For undertakings of multiple degrees, the number of employees in the level indicating the predominant degree of farming shall be added to the number of employees in all other stages of the holding.
(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 the cooperatives referred to 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) The Minister of Industry, Slovakia, after hearing the Commissioner for Industry and Trade, will declare, with effect, service in the Official Journal, which undertakings have been nationalised by this decree.
If the conditions for nationalisation of the property referred to in § 1 (1) after 27 October 1945 are met, such property shall be nationalised on a date to be determined by the Minister of Industry, Slovakia, after a hearing of the delegate of industry and trade, and declared in accordance with § 1 (5).
The right to establish new undertakings and to operate them regardless of their scope in sectors nationalised pursuant to § 1, paragraph 1, Nos 1 to 3, 5, 7, 8, 9, 11, 15, 19 and 27 shall be reserved for the State. On a proposal from the Minister of Industry, Slovakia, after hearing the Commissioner for Industry and Trade, the Government may transfer this right to any legal person.
(1) By nationalisation, the State acquires ownership of the national property.
(2) The nationalisation concerns:
(a) real estate, buildings, equipment, deposits and raw materials;
(b) accessories of the undertaking, including all movable 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 if 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 company, limited liability company, limited liability company or mining company belongs to a limited company, all its assets and, to the same extent, group companies with more than half of their capital or with a decisive influence shall be nationalised.
(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.
(1) A national undertaking (§ 12 et seq.), which incorporates the assets of a nationalised enterprise, enters into the liabilities of a nationalised enterprise on the day of its acceptance. The obligations under which the property or plant of a national undertaking is to be taken over after the date of the entry into force of this Decree into a third party shall not be entered into by the national undertaking to which that substance or plant was incorporated. The obligations of a nationalised undertaking shall not be subject to personal taxes, levies and charges on the former owner, and the property of the nationalised undertaking or the national undertaking to which it will be incorporated shall not be liable for them. Personal taxes and levies shall mean the tax on pensions, war allowances, rent tax directly levied, property tax pursuant to the Government Decree of 16 December 1942, No 410 Coll., on property taxes, property benefits pursuant to the Law of 15 May 1946, No 134 Coll., on the levy on property gains and on the levy on property, and extraordinary benefits under the Law of 31 October 1947, No 185 Coll., on an exceptional one-off levy and exceptional levy on excess capital gains. The method of payment of these personal taxes and benefits shall be laid down by the Minister of Finance by a decree in the Official Journal. If the property is incorporated into several national enterprises, the Minister of Industry, Slovakia, after the hearing of an industrial and commercial delegate, shall designate the Minister of Industry and Trade, together with the measure provided for in Section 12, into which undertakings an individual national undertaking enters. In addition, the Minister of Industry shall, in an agreement with the Minister for Finance, Slovakia, also after hearing the delegates of industry and trade and finance, in which undertakings belonging to non-nationalised assets, incorporated in accordance with § 12, enter the national undertaking; commitments belonging to an undertaking or establishment belonging to a State shall not be subject to obligations arising from the granting of funds by the State if they exceed the balance sheet value of assets other than capital goods.
(2) In the case of commitments which are economically unjustifiable, including obligations arising from service contracts, guaranteeing employees unreasonably 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. Detailed provisions on the arbitration panel shall be issued separately.
(3) The State is not liable for the liabilities of a nationalised undertaking or other incorporated assets (Section 12), even if the obligation under Section 5a is adjusted.
(1) Where a nationalised undertaking or other incorporated property is in debt on the date on which the debt is taken over, the national undertaking may ask the court to adjust, at the level of the general price of the assets of the overindebted undertaking or overindebted substance on the date on which it is taken over, the satisfaction of the undertakings belonging to that undertaking or to that substance and to determine their maturity, taking into account the economic possibilities of the national undertaking.
(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 from creditors' claims to exclude cases from the substance of a nationalised undertaking or other incorporated property 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 [(d)], are not fully covered by the difference between the general price of the assets of the nationalised undertaking or other incorporated assets and the value of the liabilities that will remain unaffected under (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.
(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.
Replacement.
(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, unless it is 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, or supervision of, his administration, 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; in so doing, they shall be regarded as belonging to the participation under national administration as belonging to the persons of the State.
(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 Industry shall decide whether a physical or legal person falls under the provisions of paragraphs 1 or 2 or 3 in agreement with the Minister of Industry, Slovakia, also after hearing the delegates concerned.
(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 reserves not used;
(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.
(4) In cases of special consideration, the Minister of Industry may, in agreement with the Minister of Finance, grant compensation to persons entitled to compensation from the Fund of the National Economy.
(1) Compensation for nationalised property is granted:
(a) securities (paragraph 3);
(b) cash;
(c) other values.
(2) 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.
(3) In order to grant the refund referred to in paragraph 1 (a), the Fund shall issue securities which will be remunerated and amortised from the surplus of the profits of the national undertakings. Their remuneration and redemption shall be guaranteed by the State; they can be used to store the money of minors and guardians.
(4) The use of securities corresponding to the value of the nationalised property for which no compensation is granted to the persons referred to in Section 7 shall be subject to the provisions of Section 5, paragraph 2, No 2 of the Act of 11 March 1948, No 51 Coll., on the adjustment of certain financial ratios of national industrial and food undertakings.
(5) The organisation, management and management of the Fund and the remuneration and compensation of the securities, as well as the principles governing the provision of cash compensation and other values, are laid down by the Government by regulation.
(6) The Fund is subject to supervision by the Supreme Accounting Audit Office.
(1) The Minister of Industry, in agreement with the Minister of Finance, also in Slovakia, after hearing the delegates of industry and trade and finance, is definitely on the compensation and payment arrangements.
(2) The refund is payable within 6 months of delivery of the refund notice.
(3) The provisions of Decree-Law No 8 / 1928 Coll.
(1) The government may, on a proposal from the Minister of Industry in agreement with the relevant ministers, in Slovakia, after hearing the relevant delegates, make a reasonable contribution to the Fund, in addition to compensation, in addition to a serious loss in the settlement of its assets or participation in nationalised enterprises (§ 9). There is no legal entitlement to the grant.
(2) Under the conditions laid down in the preceding paragraph, contributions may be granted mutatis mutandis to physical persons if their nutrition or nutrition of persons they care for under law or moral obligation has been compromised by the losses suffered.
National enterprises and their organisations.
(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 referred to 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, managed under Article 16 of the Law of 16 May 1946, No 128 Coll., on the nullity of certain acts of illegality and claims arising from such nullity and other interference in the assets of the President of the Seating Office.
(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.
(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).
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.
(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.
(1) A national undertaking is registered as an individual company in a regional court exercising jurisdiction in all commercial areas of 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 measures to 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 Paragraph 12 (1) is attached to the application submitted.
(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.
(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.
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.
(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.
(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 fulfil 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.
(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) On the day of the promise, the Director (Deputy Director) shall take up his duties and become an employee of a central (regional) authority or national undertaking; His employment relationship shall cease on the day on which he was withdrawn or on the day 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 agreement 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.
(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 for Industry, Slovakia, after the service of the delegate of industry and trade, sets out which undertakings are to be transferred to a national undertaking with part of its assets incorporated into 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.
(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 an undertaking 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.
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Regulation Information
| Citation | Decree No. 116 / 1948 Coll., on the complete version of the Decree of the President of the Republic on the nationalisation of mines and certain industrial enterprises |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.06.1948 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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