Act No. 119 / 1948 Coll.
Act on State Organisation of Foreign Trade and International Shipbuilding
Valid
Effective from 01.01.1948
119.
Law
of 28 April 1948
on the state organisation of foreign trade and international shipping.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Organization policy.
Scope and effects of nationalisation.
(1) The Minister for Foreign Trade may provide for an order in the Official Gazette with the effects of service, which of the undertakings which, at any time during the period from 1 January 1946 to the date determined in accordance with Paragraph 2 (2), have been engaged in foreign trade or international shipping, shall be nationalised and shall be the date on which it is done. Similarly, the Minister for Foreign Trade may make a separate interpretation of the parties' parts of the individual assets or individual units of the said undertakings.
(2) In the case of undertakings engaged in foreign trade pursuant to this Act, as well as wholesale activities pursuant to the Act of 28 April 1948, No 118 Coll., on the organisation of wholesale business and on the nationalisation of wholesale enterprises, foreign trade ministers and internal trade shall agree on whether the importance of the undertaking for foreign or internal trade is prevailing, according to which both laws will be followed.
(3) The operation of a domestic limited shipping company is not affected by this law.
(1) By nationalisation, the State will acquire ownership of the national property.
(2) The nationalisation concerns:
(a) real estate, buildings, equipment;
(b) accessories of the undertaking, including all movable and immovable property 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, whether 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 of goods only concern nationalisation 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 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-liability limited company, limited-liability company, limited-liability company or mining company belongs to a limited-liability company, all its assets shall be nationalised, as well as, to the same extent, group companies with more than half of its capital or with a decisive influence on them.
(6) The Minister for Foreign Trade may exempt from nationalisation individual items of property, property files or rights, unless they are necessarily necessary for the operation of an undertaking set up or designated in accordance with Paragraph 2, and leave them to the acquiring owner, who may at the same time impose conditions, in particular that, within a specified period, he shall establish a service or a right of use for such an undertaking.
(7) The extent of nationalisation referred to in paragraphs 2 to 5 shall be decided in doubt by the Minister for Foreign Trade.
Legal ratios of enterprises for foreign trade and international shipping.
(1) Undertakings and property, in the case of a part of the property or other property items nationalised in accordance with § 5, shall be incorporated by the Minister for Foreign Trade into the property of the undertakings designated or established in accordance with § 2.
(2) Parts of property
(a) national undertakings created pursuant to the Decree of the President of the Republic of 24 October 1945, No. 100 Coll., on the nationalisation of mines and certain industrial enterprises, or under the Decree of the President of the Republic of 24 October 1945, No. 101 Coll., on the nationalisation of certain food industry enterprises, after the case under the Act of 28 April 1948, No. 114 Coll., on the nationalisation of certain other industrial and other enterprises and on the modification of certain conditions of nationalised and national enterprises, or under the Act of 28 April 1948, No. 115 Coll., on the nationalisation of other industrial and other production enterprises in the food sector, and on the modification of certain conditions of the nationalised and national enterprises of that sector;
(b) acquired by the Czechoslovak State of confiscation or otherwise,
which are used for the operation of foreign trade or international shipping, the competent minister may, on a proposal from and in agreement with the Minister for Foreign Trade and the Minister for Finance, exclude them from the property of those undertakings in order to transfer them to the property of undertakings designated or established under § 2.
(3) The measures provided for in paragraphs 1 and 2 shall be adopted in respect of property confiscated under the Decree of 25 October 1945 of the President of the Republic, No 108 Coll., on the confiscation of enemy assets and National Recovery Funds, as well as 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 institution's President, after hearing.
(4) The scope of the property covered by the measures referred to in paragraph 3 shall be determined by the Ministry of Foreign Trade in an agreement with the Seating Office and the National Recovery Fund in accordance with the rules applicable to the allocation of confiscated property.
(1) On a proposal from an undertaking designated or established pursuant to Article 2, a library court shall register the transfer of ownership and other rights of a nationalised undertaking or other incorporated property to the appellants with reference to that law.
(2) The provisions of the preceding paragraph shall apply mutatis mutandis to the transfer of rights of a nationalised undertaking or other incorporated property, including property acquired by the Czechoslovak State of confiscation or otherwise, to an undertaking designated or established pursuant to Article 2 in other official registers and lists (water register, aviation register, patent register, etc.).
(3) An undertaking designated or set up pursuant to Article 2 does not need an authorisation which would otherwise be required to carry out an activity under its object of business [Paragraph 10 (2) (c)] under the provisions of the Trade Code (Trade Code) or other trade laws. An undertaking designated or established pursuant to Section 2 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 provisions of the Trade Code (Trade Code), as amended by the regulations amending it and supplementing it, shall be laid down by the Government, as follows:
(1) Undertakings designated or set up pursuant to Article 2 to which nationalised undertakings or nationalised property are incorporated shall enter into the law of the nationalised undertakings as well as in the laws and obligations relating to the nationalised property on the day of the takeover. Where the foreign trade minister is incorporated into an undertaking of a part of the nationalised property or individual items of property, he shall determine which rights and obligations and to what extent they are transferred to the undertaking; If the parties do so in part of the assets of the national undertakings (§ 7 (2)), they shall proceed in agreement with the competent minister.
(2) On the day of the takeover, an undertaking designated or established pursuant to Article 2 enters into outstanding contracts concluded by an existing firm engaged in foreign trade or international shipping business.
(3) The legal proceedings concerning the transfer of undertakings covered by this Act after the case of the transfer of capital holdings in companies to which the Act applies, if concluded after 28 October 1947 until the date of publication of this Act, shall be valid only if approved by the Ministry of Foreign Trade.
(4) The obligations of a nationalised undertaking shall not be subject to personal taxes, benefits and charges on the former owner and the property of the nationalised undertaking or the undertaking to which it will be incorporated shall not be liable for them. Personal taxes and benefits shall mean the tax on pension, war allowance, rent tax directly assessed, property tax pursuant to the Government Decree of 16 December 1942, No 410 Coll., on property tax, property benefits pursuant to the Law of 15 May 1946, No 134 Coll., on property increase levy and on property levy and exceptional benefits pursuant to the Law of 31 October 1947, No 185 Coll., on extraordinary lump-sum 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 undertakings designated or set up under § 2, the Minister for Foreign Trade shall designate the undertakings to which individual undertakings designated or set up under § 2 enter.
(5) In the case of commitments which are economically unjustified, taking into account the obligations arising from service contracts guaranteeing employees unduly high salaries, benefits for provision, benefits for disposal, etc., an undertaking designated or set up pursuant to Article 2 may request cancellation or other appropriate adjustments. If no agreement is reached on this, the request of the authorised arbitration panel, established under the provisions of the Law of 21 November 1946, No 228 Coll., shall be decided by the arbitration panel for the modification of certain obligations of national undertakings.
(1) It is for property nationalised under this law to be compensated.
(2) The provisions of Sections 7 to 11 of Decree No. 100 / 1945, as amended by Article II of Act No. 114 / 1948 Coll., shall apply mutatis mutandis to the compensation for assets nationalised under this Act, unless otherwise specified.
(3) Reimbursement shall not be granted for nationalised property which, on the date of nationalisation, belonged to or belonged to persons who have been or will be lawfully convicted of crimes or offences committed by the date of nationalisation:
(a) after 5 May 1945 pursuant to the Act of 19 March 1923, No. 50 Coll., for the protection of the Republic, as amended by its changing and complementary legislation; or
(b) pursuant to Article 41 of Decree No. 100 / 1945 Coll., as amended by Article II of Law No. 114 / 1948 Coll., or
(c) pursuant to the Act of 13 February 1947, No 15 Coll., on the prosecution of black trade and similar entanglements, or
(d) under the Law of 13 February 1947, No 27 Coll., on the criminal protection of the implementation of a two-year economic plan; or
(e) pursuant to the Act of 18 July 1946, No 165 Coll., on the criminal protection of national enterprises, nationalised enterprises and enterprises under national administration.
(4) The National Recovery Fund shall burden the undertaking referred to in Paragraph 2 (1), to which the confiscated assets have been assigned, by an amount equal to the compensation for the confiscated assets calculated in accordance with paragraph 2.
(5) The use of securities corresponding to the value of the nationalised property for which no compensation is granted to the persons referred to in paragraph 3 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.
(1) Where a nationalised undertaking or other incorporated property is overpaid on the date of the takeover, an undertaking designated or established pursuant to Article 2 may be requested by the court to adjust, within the amount of the general price of the assets of the overindebted undertaking or over-indebted substance on the date of the takeover, the satisfaction of the undertakings belonging to that undertaking or substance and to determine their maturity, account being taken of the economic possibilities of the undertaking pursuant to Article 2.
(2) Creditors shall be required, by a public order, to lodge their claims for the application referred to in paragraph 1 within the period prescribed by the court; if they do not, their claims against the undertaking referred to in Article 2 shall cease.
(3) The adjustment provided for in paragraph 1 shall be made as follows:
(a) the obligations arising from creditors' claims to exclude the case 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 their ranking [point (d)], will not be 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 which will remain unaffected under (a) and (b) shall be satisfied on a pro rata basis. Such liabilities 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 due to them are not satisfied by the adjustment provided for in paragraph 3, they shall not operate against an undertaking designated or established under Paragraph 2. The adjustment of the commitments referred to in paragraph 3 shall only affect such an undertaking.
(5) Detailed provisions on jurisdiction, the procedure and the application referred to in the preceding paragraphs, its effects on the limitation of claims, disputes, execution and bankruptcy proceedings, the rights to separate satisfaction and the way in which creditors' claims are established shall be laid down by law.
Transitional provisions.
(1) Existing owners (operators) or their legal representatives, responsible for the management of enterprises, after the national administrators of all undertakings engaged in foreign trade or international shipping, are obliged to manage and manage the business and the business and operators of foreign trade or international shipping with the care of a proper operator until the date laid down in Article 2 (2). The validity of legal acts exceeding ordinary administration requires the prior consent of the Foreign Trade Minister.
(2) The Minister for Foreign Trade may appoint an agent to an undertaking operating after business trade or international shipping. The duties and rights of the agent shall be laid down by the Foreign Trade Minister by a decree in the Official Journal.
(3) Owners (operators) and AIFMs, as well as the national trustees of the undertaking for which an agent has been appointed, are obliged to refrain from the conduct against which the agent objects. If no agreement on these objections is reached, the Ministry of Foreign Trade shall decide.
The Foreign Trade Minister may impose an obligation on persons responsible for the management of undertakings (§ 16 (1)), who conduct foreign trade or international shipping, to report and report on the status and activities of the undertaking.
Provisions common, criminal and final.
(1) The proceeds (pensions) obtained from the nationalised property (§ 5 (1)) until the date on which the foreign trade minister, by decree in the Official Journal, designates or sets up undertakings in accordance with § 2, form part of the basis for the assessment of the tax on income, general and special taxes and the income tax of the last owner of the nationalised property before its nationalisation.
(2) The nationalised enterprise (§ 5 (1)) has the status of turnover tax and price compensatory amounts in the field of turnover tax until the date on which the Decree on its incorporation into an undertaking designated or established under § 2 is published in the Official Journal.
(1) Regulations contrary to this law are hereby repealed. In particular, Article 4 of Decree No 113 / 1945 Coll. and Government Decree of 17 September 1947, No 170 Coll., on the organisation and management of foreign trade to ensure the performance of the tasks set out in the two-year economic plan.
(2) The other provisions of Decree No. 113 / 1945 Coll. shall be deleted from the date to be determined by the Foreign Trade Minister by the Decree in the Collection of Laws and Regulations.
(3) The provisions of the Act of 13 May 1936, No. 131 Coll., on the defence of the State and its implementing provisions remain unaffected.
This Law shall take effect on 1 January 1948; It shall be carried out by the Foreign Trade Minister in agreement with the participating members of the Government.
Dr Beneš v. r.
Gottwald v. r.
Dr Gregor v. r.
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Regulation Information
| Citation | Act No. 119 / 1948 Coll., on State Organisation of Foreign Trade and International Shifting |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.06.1948 |
|---|---|
| Effective from | 01.01.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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