Act No. 117 / 2001 Coll.
Law on public collections and on the amendment of certain laws (Act on public collections)
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Law
Effective from 01.06.2001
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117
THE LAW
of 28 February 2001
on public collections and amending certain laws
(Public Collection Act)
Parliament has decided on this law of the Czech Republic:
PUBLIC COLLECTION
(1) The public collection is the acquisition and collection of voluntary cash contributions from a pre-determined range of contributors for a predetermined public benefit, in particular humanitarian or charitable, the development of education, physical or sports, or the protection of cultural monuments, traditions or the environment ("the collection"). Only a legal person shall be entitled to act under the conditions laid down by this law.
(2) The collection cannot be organised for a purpose contrary to the security of the State, the protection of public order, the protection of property or the protection of the rights and freedoms of others.
(3) For the purposes of this Act:
(a) gross proceeds of the collection of all cash contributions (hereinafter referred to as "contributions") obtained by the collection, including interest on deposits of contributions to the bank account;
(b) the costs of carrying out the collection of the costs of the legal person who held the collection, actually incurred for its technical and organisational security, in particular the establishment and management of a bank account, the printing of collector's documents or the provision of collector's cash registers (hereinafter referred to as the "cash box") and the promotion of the collection,
(c) by net proceeds of the collection, the amount obtained by deducting the costs of carrying out the collection from the gross proceeds of the collection;
(d) the overheads of the indirect costs incurred by the legal person who carried out the collection or for which the collection was carried out to achieve the purpose of the collection, in particular the costs of staff remuneration and the costs of the use of the premises and the costs of services.
No collection shall be considered
(a) the collection of funds held by political parties or political movements, associations, societies, unions, movements as well as trade unions, registered under special legislation, (1) among their members in order to achieve the means to carry out their tasks;
(b) the collection of funds by churches and religious societies, registered under special legislation, (2) for religious and religious purposes, when held in churches, prayer houses and other places intended to perform religious acts, services and ceremonies;
(c) the collection of cash contributions to a bank account, unless it has been voluntarily notified and certified as a collection under this law.
The collection may be held for a specified or indefinite period. The fixed-term collection may be held for a maximum period of 3 years from the date of notification of the collection.
(1) The collection may be held by a municipality or region, in the capital city of Prague also by a municipality or another legal person (hereinafter referred to as "legal person").
(2) The legal person, not the municipality or region or the capital of Prague, may hold a collection if he has his registered office in the Czech Republic, or if he is a legal person whose registered office is in the territory of another Member State of the European Union, another Contracting State of the Agreement on the European Economic Area or the Swiss Confederation, if he has an organisational component located in the Czech Republic.
(1) The legal person intending to hold the collection is obliged to notify in writing its conduct to the Regional Office responsible for the legal person's registered office, in the capital city of Prague to the Municipality of the City of Prague (hereinafter referred to as "the competent Regional Office"). If the formalities for the notification of the collection (hereinafter referred to as the "notification ') referred to in paragraphs 1 to 4 of Section 5 are fulfilled and if the competent regional authority finds that the collection cannot be held pursuant to Section 6, it shall certify the date of receipt of the notification to the legal person no later than 30 days after the date of completion of the notification. The certificate shall be delivered to the legal person in his own hands.
(2) If the legal person indicates in the notification the reasons for the special consideration for which it proposes to initiate the collection within less than 30 days of receipt of the notification, such as the mitigation of the consequences of armed conflict, natural disasters or environmental or industrial accidents, or the rescue of the health or life of a person, the competent regional authority shall review those grounds without undue delay, it shall confirm the date of receipt of the notification by the legal person and fix the date of commencement of the collection, taking into account the time proposed by the legal person. The certificate shall be published on the official record and delivered to the legal person in his own hands; the effects of service of the certificate shall take place on the date of hanging on the official plate of the competent regional authority.
(3) If the conditions for issuing the certificate referred to in paragraph 2 are not met, the competent regional authority shall inform the legal person intending to hold the collection in writing and proceed in accordance with paragraph 1.
(1) The legal person shall indicate in the notification:
(a) the municipality, the capital of Prague,
1. the name and registered office and shall add a resolution of the competent authority agreeing to the collection not earlier than 60 days;
2. the name, surname, date of birth and address of the place of permanent residence of the mayor of this municipality, the mayor of this part of the town or of the captain of this region or, where appropriate, of persons authorised by them to act on behalf of the relevant local authority in the case of the collection,
(b) other legal persons,
1. the name (business name), address of the registered office, its identification number and names, surname, date of birth and address of the place of permanent residence of persons who are statutory bodies of a legal person or members of a statutory body of a legal person,
2. the name, surname, date of birth and address of the place of permanent residence of the natural person authorised to act in the case of a collection on behalf of a legal person, and shall include a proof of the integrity of that natural person similar to an extract from the criminal record issued by the State in which he has remained continuously for more than 3 months, which may not be more than 90 days old, or an affidavit where that State does not issue such document.
(2) Legal persons shall also indicate in the notification:
(a) the purpose of the collection; if the net proceeds of the collection are to be covered by overheads, the maximum percentage of net revenue which may be used in this way shall also be indicated in the purpose of the collection;
(b) the territory in which the collection will take place;
(c) the start date and the end date of the collection and, where appropriate, the information that the collection will be held for an indefinite period;
(d) the method of carrying out the collection;
(e) the name and address of the bank or its branch or branch of a foreign bank with which a bank account is set up to collect contributions obtained by the collection and the number of that account, if the collection is carried out in the manner referred to in Article 9 (1) (a);
(f) the conditions for opening and identifying the contents of the coffers, where the collection is carried out in the manner set out in Section 9 (1) (c);
(g) determining the amount of the allowance for the sale of the items at whose selling price (hereinafter referred to as the "price") the allowance is included or determining the amount of the ticket allowance, where the collection is carried out in accordance with Article 9 (1) (d) or (e);
(h) on the day of the year on which the annual interim accounts referred to in Article 24 (2) are to be drawn up if the collection is for an indefinite or fixed period of more than 1 year;
(i) the day of the year on which the first annual interim accounts referred to in Article 24 (2) are to be drawn up, unless that date is identical to the date referred to in paragraph 2 (h).
(3) The legal person shall add to the notification:
(a) a model of the instrument of collection, where the collection takes place in the manner referred to in Article 9 (1) (b);
(b) the consent of the Ministry of Foreign Affairs to carry out a public collection if the proceeds of the collection are to be used abroad; The Ministry of Foreign Affairs assesses the use of the collection proceeds abroad in terms of the foreign political interests of the Czech Republic and the international commitments made by the Czech Republic.
(4) The legal person, if not the municipality, in the capital city of Prague the urban part or region, will also add to the notification:
(a) an affidavit stating that it does not have a payment to be registered, except for a payment which allows the payment to be delayed or the payment to be distributed in instalments;
1. at the authorities of the Financial Administration of the Czech Republic,
2. the customs authorities of the Czech Republic,
3. insurance premiums and periodic penalty payments for public health insurance,
4. insurance and periodic penalty payments for social security and contributions to national employment policy; and
5. similar arrears as referred to in points 1 to 4 abroad;
(b) an affidavit stating that it has not entered into liquidation, that there is no insolvency proceedings on the basis of its insolvency proposal, in which its bankruptcy or imminent bankruptcy is dealt with, or that no decision has been made on its bankruptcy, or that a forced administration has not been declared to it or temporary administration has not been established in the last 3 years or that a resolution measure has not been applied to it in accordance with the law governing recovery and resolution in the financial market;
(c) an affidavit stating whether or not a natural person authorised to act on behalf of a legal person in the last 3 years prior to the submission of the notification has remained or remained continuously for more than 3 months outside the Czech Republic.
(5) The legal person shall, within 10 working days at the latest, notify the competent regional authority of any change in the information contained in the notification or in the documents accompanying it in accordance with paragraphs 1 to 4. The method of carrying out a collection other than those referred to in Section 9 (1) may be changed and extended only by decision of the competent regional authority referred to in Section 9 (2).
(6) Where a legal person is called upon to remedy deficiencies in the notification, the period during which the notice is not met shall not be counted within the period referred to in Article 4 (1). If the legal person does not remove the deficiencies of the notification within the period specified in the notice, the competent regional authority shall inform the legal person in writing that the notification will not be addressed.
(1) The legal persons referred to in Article 5 (1) (b) (2) and the natural persons entitled to act on behalf of them in respect of the collection must be fair.
(2) A legal person shall not be considered to be righteous if he has been legally convicted of an intentional offence or a criminal offence to legalise the proceeds of a criminal offence through negligence (Section 217 of the Criminal Code) or to tamper with a computer system or a malpractice medium (Section 232 of the Criminal Code), unless it is regarded as not being convicted.
(3) A natural person shall not be considered to be fit for justice if he or she has been definitively convicted of:
(a) for an intentional or negligent offence against property or a negligent offence against property, unless it is regarded as not being convicted; or
(b) abroad for an act the characteristics of which are similar to those of one of the offences referred to in (a) and, at the date of notification of the collection, the sentence imposed has not been enforced, or less than five years or less than five times the period for which the sentence has been imposed has elapsed since the entry into force of the judgment.
(4) In order to prove its integrity, the Regional Authority shall, in accordance with the special legislation of 2a, request an extract from the criminal record. A request for an extract from the criminal record and an extract from the criminal record shall be sent in electronic form in a way that allows remote access.
(1) The competent regional authority shall decide that the collection cannot be held if:
(a) the purpose of the notified collection is contrary to the law;
(b) the legal person who has notified the holding of the collection has not fulfilled any other conditions laid down in this law; or
(c) the legal person who has notified the holding of the collection has, in the last 5 years, been legally guilty of committing more than one offence pursuant to § 25a (1) (a), (l), (n), (p), (q), (r), (s) or (t).
(2) An appeal against a decision referred to in paragraph 1 shall not have suspensory effect.
(3) The decision referred to in paragraph 1 shall be published by the competent regional authority on its official record.
(4) For the purpose of demonstrating the facts referred to in paragraph 1, points (a) and (b) shall apply. (c) the competent regional authority shall request a copy of the criminal record; the request shall be transmitted in electronic form in a way that allows remote access.
If the competent regional authority does not decide that the collection cannot be held, the collection shall start on the day following the date of receipt of the certificate, unless the legal person indicates a later date in the notification as the date of commencement of the collection; the collection must not be initiated or promoted.
(1) The collection shall end on the date indicated by the legal person in the notification referred to in paragraph 3, on the date indicated in the notification referred to in Article 5 (2) (c) or on the date indicated in the decision of the competent regional authority referred to in Article 21 (1).
(2) A legal person may terminate the collection at any time before the date referred to in paragraph 1. This fact shall be notified by the legal person to the competent regional authority within the period referred to in Article 5 (5).
(3) The end of the collection shall be notified in writing by the legal person to the competent regional authority no later than 30 days before the end of the collection.
(4) Where a legal person has promoted and terminated the collection in accordance with paragraphs 2 and 3, it shall without undue delay inform the public of the closure of the collection in a way that allows remote access or at least one of the ways in which it has promoted the collection.
(5) The legal person may, before the end of the fixedterm collection, notify the competent regional authority in writing of the extension thereof, indicating the new date of completion of the collection, not later than the last day of the collection; Paragraph 2a is not affected. In the case of fixed-term collections for more than 1 year, the legal person shall also supplement the figure referred to in Article 5 (2) (h).
(6) The legal person may notify the competent regional authority in writing, before the end of the fixed-term collection, that the collection is converted into an indefinite collection. If the collection is held for a maximum period of 1 year, the legal person shall also complete the information referred to in Article 5 (2) (h).
(1) The collection shall take place in one or more of the following ways:
(a) by collecting contributions to a pre-announced special bank account (Section 23) set up for this purpose with the Bank for the period specified in the notification of the collection,
(b) collector's lists,
(c) cash registers;
(d) the sale of articles where the contribution is included in their price;
(e) the sale of tickets for public cultural or sporting performances or other generally available events organised for the purpose of obtaining a contribution where the contribution is included in the price of tickets;
(f) donor text messages via telecommunications terminal equipment; or
(g) by deposit of cash in a cash register established by a legal person.
(2) At the request of a legal person who has notified the collection, the competent regional authority shall decide on the possibility of holding the collection in a manner other than that referred to in paragraph 1. The competent regional authority shall assess the proposed alternative method in terms of transparency of the collection and the security of their use and compliance with other legislation and public policy.
(3) Where a legal person intends to hold a collection in another way as referred to in paragraph 2 at the same time as one of the methods referred to in paragraph 1 and for that purpose the holding of the collection can be certified, the regional authority responsible shall certify the collection for the manner in which it is held in accordance with paragraph 1.
(4
(1) The instrument of collection must be numbered gradually, issued in one original copy only and stamped and signed by the statutory authorities of a legal person; must also contain:
(a) the name of the legal person;
(b) the purpose of the collection;
(c) the date and designation of the competent regional authority to which the collection has been notified and the date of receipt of the notification pursuant to Article 4 (1);
(d) the territory in which the collection will take place and the period during which the collection will take place;
(e) the name, surname and, where appropriate, title and scientific rank and date of birth, the address of the place of permanent residence and the identity card number of the natural person responsible for carrying out the collection and the serial number of his or her proxy (§ 14 (1));
(f) the column for indicating the height of the contributions provided and the column for the signatures of the contributors.
(2) If the municipality or region or the capital of Prague is not an urban part, the legal person must submit the municipal part to the municipal office, in the territorial subdivided statutory town of the municipal district office (s), in the capital of Prague the municipal office (hereinafter referred to as the "municipal office ') in whose territorial district the collection is to take place, the collection of the documents containing the particulars referred to in paragraph 1 with a request for verification of their number and formalities, and at the same time submit to the municipal office for inspection the original or a copy of the certificate; on the certified number of documents collected, the municipal authority shall issue a certificate to the legal person for the purpose of billing the collection.
(3) If the municipality or the capital of Prague receives the collection documents, it shall submit the collection documents referred to in paragraph 2 to the competent regional authority, if the collection is carried out by the county, it shall submit the collection documents to the Ministry of the Interior (hereinafter referred to as the Ministry).
(4) The natural persons responsible for carrying out the collection ensure that the contributors in the relevant column of the instrument of collection indicate the contribution granted and sign off.
(1) Where a collection of cash boxes is carried out, the legal person must give prior notice of their number and location to the municipal office in whose territorial district the cash registers will be placed or notify that the cash boxes will be transferable and secure the cash boxes against theft. The cash registers must be further secured by the legal person against unauthorised opening, so that their contents cannot be removed without infringing such security; The municipal office will seal the cashier's cash boxes so secure.
(2) If the same cash box is to be used for the collection in the administrative districts of several municipal offices, the legal person shall visibly affix it to the "travelling cash box '; it shall be sealed by the municipal office in whose administrative district the legal person carrying out the collection has its registered office; if more than one ticket box is to be used for one collection, they shall be marked with one numerical line for all the administrative circuits in which they are to be used.
(3) The opening of the cash box, indicating the date of the working day, the place and the hours of the opening, shall be notified by the legal person at least three working days in advance to the municipal office in whose administrative district the cash box has been placed. The opening of the travel box shall be notified to the municipal office in whose administrative district the legal person carrying out the collection has its registered office.
(4) The opening of the box must be attended by an authorised representative of a legal person and by one member of the municipality in the municipal office. If the collection is carried out by the municipality, three representatives of the municipality must be present, one of which is an employee of the municipality in the municipal office; if there is a collection of regions, 3 representatives of the regions, 1 of which is an employee of the region in the regional office; representatives shall demonstrate their identity to each other. In the record of the box opening carried out, it shall confirm by signature the amount of the cash amount removed from the box. The minutes drawn up shall be part of the documents submitted to carry out the check on the bill of lading.
(5) If a collection of treasuries is carried out by the municipality, in the capital of Prague, a part of the town or region within its territory, it shall not notify the location of the treasuries in accordance with paragraph 1 and shall not proceed in accordance with paragraph 3 when they are opened. The register referred to in paragraph 4 shall be drawn up and the places where the box was placed shall be indicated.
(1) Where the collection is carried out by selling the items in whose price the allowance is included, the amount of the allowance shall be clearly indicated, if possible or appropriate. The legal person shall also post a notice in the space where such items are sold indicating who is carrying out the collection, for what purpose, the amount of the contribution and to which the collection has been notified to the regional authority concerned.
(2) Where the collection is carried out by the sale of articles, the legal person shall keep a record of the articles intended to be sold, indicating how many articles were intended to be sold, how they were obtained, such as purchase, own production or gift, the cost of acquiring the articles, the amount of the allowance per article, the price of the article, the amount of the articles actually sold, the total volume of the contributions received by the sale of the articles and the amount of the goods that could not be sold. The gross proceeds of the collection shall include the amount of the contribution.
(3) The amount of the allowance must be at least 40% of the price of the article.
(1) For public cultural and sporting events or other open-ended events organised for the purpose of obtaining the allowance, the legal person shall indicate on the tickets the amount of the allowance and the serial number of the ticket. In addition, at the entrance to the area where such a performance or event takes place, a notice shall be displayed at a clearly visible place indicating who is the organiser of such a performance or event to which the collection has been notified to the competent regional authority for what purpose it is to be held and how many tickets have been printed. This information shall be provided by the legal person in all public notices of such withdrawal or action.
(2) Where a collection is carried out by selling tickets for public cultural or sports performances or other generally available events organised for the purpose of obtaining a contribution, the legal person shall keep a register of tickets intended for sale indicating how many tickets were intended for sale, such as the amount of the allowance, the price of the ticket, how many tickets were actually sold, the total amount of the contributions obtained from the sale of tickets and how the tickets were not sold. The gross proceeds of the collection shall include the amount of the contribution.
(3) The amount of the allowance must be at least 40% of the ticket price.
(1) The natural person responsible for carrying out the collection shall, upon request, be provided with a copy of the certificate of the competent authority, full authority of the legal person, which shall include the name, surname and, where appropriate, the title and scientific rank and date of birth, the address of the place of permanent residence and the identity card or travel document number of the natural person and the information referred to in § 10 (1) (a) to (d); the power of attorney must bear the serial number, the signature of the statutory bodies of the legal person and the stamp of the latter.
(2) A natural person under the age of 15 and a natural person who is not fully competent may not be entrusted with the collection.
(1) Collections carried out by means of collector's papers, the sale of articles or tickets for public cultural and sporting appearances or other generally accessible events, the price of which includes a contribution, may not take place in public transport and passenger spaces; other publicly accessible premises may be held only with the consent of their operator or owner.
(2) The municipality may provide for a generally binding decree of a place in which a collection of items cannot be held or advertised, the sale of tickets for public cultural or sporting performances, or other generally available events or otherwise provided for in Article 9 (2), in respect of the sale of objects or services in the field of tourism under the Act on certain conditions of business and the pursuit of certain tourism activities.
In the event of a collection of donor text messages through telecommunications terminal equipment, the provider of the publicly available telephone service through which the contributions are obtained shall be obliged to provide the legal person performing the collection with information on the number of messages sent and the corresponding amount of funds requested in CZK if requested.
If the collection is carried out by depositing cash into a cash register set up by a legal person, the legal person shall account for such deposit in an item-by-item manner clearly identifying the deposit link to the cash deposit in accordance with Section 23 of this Act.
When promoting the collection, the legal person shall also indicate the maximum percentage of net revenue that may be used to cover overheads.
The same legal person may not hold several collections in parallel for the same purpose. The legal entity may notify the competent regional authority of the conduct of the next collection for the same purpose only after the completion and proper billing of the previous collection.
(1) The purpose of the collection can only be changed if the original purpose of the collection has disappeared. If the purpose of the collection has disappeared before it begins, the collection shall not commence. A legal person intending to continue to hold a collection for a changed purpose shall be obliged to stop the current collection and to notify the competent county authority in writing, together with the notification of the change to the purpose of the collection, so that the notification of the change to the purpose of the collection is received not later than 30 days before the date from which the legal person intends to continue to hold the collection for a changed purpose. If the proceeds of the collection are to be used abroad after a change of purpose, the legal person shall proceed in accordance with § 5 (3) (b).
(2) In order to determine whether a collection can be held for a changed purpose, the competent regional authority shall proceed in accordance with Section 6.
(3) If the competent regional authority does not find reasons for which the collection cannot be carried out further for the amended purpose, it shall certify the date of receipt of the notification of the change in the purpose of the collection. Where a change in the purpose of the collection is proposed in the notification for the reasons set out in Paragraph 4 (2) to continue the collection within a period of less than 30 days from receipt of that notification, the competent regional authority shall specify in the certificate the date from which the collection will continue. Article 4 (1) and (2) shall apply mutatis mutandis to the service and publication of certificates.
(4) If the competent regional authority does not find the reasons for which the collection cannot be held for the amended purpose, the collection may be promoted and may be continued for the amended purpose not earlier than the day following the date indicated in the Regional Office's certificate of notification of the modification of the purpose of the collection.
(5) Where a legal person has promoted a collection, it shall without undue delay inform the public of the change in the purpose of the collection in a way that allows remote access or at least one of the ways in which it has promoted the collection.
(1) If the purpose of the collection has disappeared after its initiation and the legal person does not intend to continue to hold the collection for the changed purpose, he is obliged to terminate the collection without undue delay and to notify the competent regional authority in writing without delay. At the same time, the legal person shall notify the use of the net proceeds of the collection not yet used or the remainder thereof for another purpose for which the collection may be held under this Act. This yield, or the remainder thereof, may be used for other purposes only with the agreement of the competent regional authority. With a change in the use of the net proceeds of the collection or the rest thereof, a legal person shall be required to inform the public without undue delay in a manner that allows remote access or at least one of the ways in which it has promoted the collection.
(2) Similarly, the second to fourth sentences of paragraph 1 shall be followed where the purpose of the collection has ceased to exist after the collection has been completed but before the net yield or the remainder has been used.
(3) If, in the cases referred to in paragraphs 1 and 2, the net proceeds of the collection or the remainder thereof cannot be used for the purpose notified by the legal person, since this purpose is contrary to the law, the competent regional authority shall decide on the purpose for which the proceeds will be used, and the decision shall be published on its official record.
(1) The competent regional authority shall decide, after the collection has begun, that the collection cannot be held if circumstances which are contrary to the law and for which the collection is not or would not be possible or if it appears that the information given in the notification or the documents attached thereto have not been true.
(2) The competent regional authority shall temporarily suspend the collection if one of the conditions set out in the notification is not fulfilled or if the legal person fails to fulfil the obligations laid down in this law; if the legal person fails to comply within the time limit laid down by the decision of the competent regional authority, the competent regional authority shall decide that the collection cannot be carried out.
(3) The appeal against the decisions referred to in paragraphs 1 and 2 shall not have suspensory effect.
(4) Where a legal person has promoted a collection, it shall be obliged to inform the public of the decision that the collection cannot be held or of the decision of its temporary cessation in a way that allows remote access or at least one of the ways in which it has promoted the collection, without undue delay, but not later than 30 days after the legal authority of that decision; the manner in which the decision is published, the legal person shall inform the competent regional authority without undue delay.
(1) The competent regional authority shall decide on the use of the contributions received by the collection without notification. The contributions received by the collection may be used for the purpose determined by the legal person who held the collection without notification, or for the purpose of the collection close to him, as appropriate. If the net proceeds of the collection cannot be used in this way because the purpose set by the legal person, or the purpose close to him, is contrary to the purpose for which the collection can be held under this law, the competent regional authority shall be entitled by decision to impose the net proceeds on the legal person in the budget of the county and to decide on the purpose for which the proceeds will be used under this law.
(2) The regional authority concerned shall inform the public on its official record of the use made of the contributions received by the collection, which has been subsequently decided not to take place.
(1) A legal person is required to set up for each collection a special bank account to which he transfers the gross proceeds of the collection. The obligation to set up a special bank account shall not apply to collections made exclusively by means of cash registers or collectibles for a maximum period of 3 months. The legal person shall account for the costs, revenues, assets and liabilities of each collection in such a way as to demonstrate compliance of the accounting records with the accounting records.
(2) The legal person may use part of the gross proceeds of the collection to cover the costs associated with the collection, but may not exceed 5% of the total gross proceeds for the period during which the collection was carried out.
(3) Where the legal person has not exhausted all the funds to cover the costs of carrying out the collection referred to in paragraph 2 during the period for which the interim bill is filed, the funds thus saved may be used in subsequent periods, but no longer than until the end of the collection. Where a legal person transfers funds to cover the costs of carrying out the collection in accordance with the first sentence, he shall, at the time of the annual clearance of the collection, submit a cumulative percentage of the funds used for the entire collection period. This average shall not exceed 5% in accordance with paragraph 2.
(4) The net proceeds of the collection shall be used solely for the specified purpose of the collection by the legal person or by the person for whose benefit the collection was carried out. To cover overheads, the net proceeds of the collection may be used for the period for which the bill is presented to the maximum specified in the notification of the collection.
(1) Control and supervision of the holding of collections shall be carried out by the competent regional authority. He is entitled at any time during the collection to check that the collection is carried out in accordance with notification and legislation.
(2) Where the collection is carried out for an indefinite or fixed period for more than 1 year, the competent regional authority shall carry out an annual check on the ongoing accounting of the collection. For inspection, the legal person holding the collection shall submit the bill within 3 months of the date specified in the notification referred to in Article 5 (2) (h). This day cannot be changed after publication of the certificate. The first interim accounts may be drawn up for a period of more than a calendar year but not more than 18 months from the beginning of the collection.
(3) No later than 3 months after the date of completion of the collection, the legal person shall submit to the competent regional authority for inspection and approval of the total bill. The accounting of the collection shall indicate the amount of its gross proceeds, the costs associated with the collection and the net proceeds of the collection and shall show whether and how the net proceeds have been used for the specified purpose of the collection and for what overheads. At the same time, it shall submit all the instruments of collection, including the confirmation by the Municipal Office of the number of documents certified, or other documents of gross proceeds of the collection, depending on the manner in which it is carried out and the cost of the collection. If the net proceeds of the collection have not been used in full at the time of the accounting check, the competent regional authority shall inform the legal person of the deadline for carrying out the final use check. The legal person shall, within that period, use the remainder of the net proceeds of the collection for its intended purpose, submit to the competent regional authority the final accounts of the collection and demonstrate to him how the remainder of the net proceeds of the collection has been used. If the net proceeds of the collection are not used for the intended purpose or within the time limit specified in the communication, the competent regional authority shall be entitled by decision to impose on the legal person the removal of the unused part of the proceeds into the budget of the county and to decide on the purpose for which the proceeds will be used under this law. The decision to use the remainder of the net proceeds of the collection shall be published by the competent regional authority on its official record.
(4) Where a legal person has promoted a collection, the public shall be required to be informed of the account of the collection and its use in a way that allows remote access or at least one of the ways in which it has promoted the collection, without undue delay, but no later than 1 month after approval of the bill by the competent regional authority.
(5) The obligation to prove to the competent regional authority whether and how the net proceeds of the collection have been used shall, at the request of the competent regional authority, also have the benefit of the collection. If the competent regional authority finds that the net proceeds of the collection have not been used in full, it shall invite the beneficiary of the collection to use the remaining part of the net proceeds of the collection for its intended purpose within a period to be determined by the competent regional authority. If the net proceeds of the collection are not used for the intended purpose even within the period specified in the call, the competent regional authority shall be entitled to impose a decision on the beneficiary of the collection, the removal of the unused part of the proceeds into the county budget and decide on the purpose for which the proceeds will be used under this law. The decision to use the remainder of the net proceeds of the collection shall be published by the competent regional authority on its official record.
The net proceeds of the collection which have not yet been used for the purpose for which the collection is or has been carried out shall not be subject to execution and enforcement of the decision, except for the execution and enforcement of decisions for decisions issued pursuant to § 20 (3), § 22 (1) and (2) and § 24 (3) and (5).
(1) A natural, legal or business natural person for whose benefit the collection has been carried out shall commit an offence by:
(a) in breach of Article 23 (4), does not use the proceeds of the collection received for the specified purpose of the collection; or
(b) contrary to Article 24 (5), it shall not prove whether and how the net proceeds of the collection have been used.
(2) The natural person responsible for carrying out the collection commits an offence by failing to comply with the obligation laid down in Article 14 (1).
(3) A fine may be imposed for an offence up to:
(a) 500 000 CZK if the offence referred to in paragraph 1 (a) or (b) is committed;
(b) 10 000 CZK if it is an offence pursuant to paragraph 2.
(1) A legal person commits an offence by:
(a) holds a collection without notification pursuant to Article 4 (1);
(b) fails to comply with the notification requirement under § 5 (5) or § 8 (3) and (5);
(c) initiate the promotion or holding of the collection in breach of Article 7;
(d) continue to carry out the collection after the date on which the collection ends in accordance with Article 8 (1);
(e) it does not submit the instrument of collection to verify its number and formalities in accordance with Article 10 (2) or, contrary to Article 10 (4), does not ensure that natural persons, as contributors to the instrument of collection, mark the contribution granted and sign the document;
(f) fails to fulfil any of the obligations laid down in Article 11 in the collection of treasuries;
(g) in the course of the collection, fails to fulfil any of the obligations under Article 12 (1) and (2);
(h) fails to fulfil any of the obligations under Paragraph 13 (1) and (2) in the course of the collection;
(i) entrust the collection to the natural person in breach of Paragraph 14 (2);
(j) carry out a collection of collectibles or sales of articles or tickets in breach of Section 15;
(k) in contravention of Article 17, does not indicate, when promoting the collection, the maximum percentage of net revenue from which overheads may be paid;
(l) continue the collection after a change in its purpose, contrary to Article 19 (1), (4) or (5);
(m) fails to fulfil one of the obligations under Paragraph 20 (1) in cases where it does not continue to hold a collection after the end of its purpose;
(n) carry out a collection, even if it has been decided, pursuant to Paragraph 21 (1) or (2), that the collection cannot be held or that its conduct is temporarily halted;
(o) in contravention of Paragraph 21 (4), it shall not publish a decision that the collection cannot be held or that the collection is temporarily closed or that it shall not inform the regional authority concerned of the manner in which such decisions are published;
(p) make use of contributions received by the collection, carried out without notification, contrary to a decision pursuant to Paragraph 22 (1);
(q) in contravention of Article 23 (1), it shall not establish a special bank account for the collection or transfer to that account the gross proceeds of the collection or charge for the costs, revenues, assets and liabilities of each collection in such a way as to show compliance of the accounting records with the accounting records of the collection,
(r) in contravention of Paragraph 23 (2), it shall apply more than 5% of the gross proceeds of the collection to cover the costs of the collection;
s) makes use of the net proceeds of the collection contrary to § 23 (4);
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Regulation Information
| Citation | Act No. 117 / 2001 Coll., on Public Collections and on the Amendment of Certain Acts (Act on Public Collections) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.03.2001 |
|---|---|
| Effective from | 01.06.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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