Act No. 120 / 2012 Coll.
Act amending Act No. 117 / 2001 Coll., on Public Collections and on the Amendment of Certain Acts (Act on Public Collections), as amended
Valid
Effective from 01.07.2012
120
THE LAW
of 14 March 2012
amending Act No. 117 / 2001 Coll., on public collections and amending certain laws (Act on public collections), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 117 / 2001 Coll., on Public Collections and on the amendment of certain laws (Act on Public Collections), as amended by Act No. 296 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 420 / 2011 Coll. and Act No. 458 / 2011 Coll., is amended as follows:
1. The following Section 2a is inserted after Section 2:
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. ';
2.
(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 where 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. "
3.
(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) Where the conditions for issuing the certificate referred to in paragraph 2 are not fulfilled, the competent regional authority shall inform the legal person intending to hold the collection in writing and proceed in accordance with paragraph 1. ';
4. in Article 5 (1) (a) (2) and in Article 5 (1) (b) (2), the word "place" shall be replaced by "location address."
5. in Article 5 (1) (b) (1):
"1. the name (business name), the address of the registered office, its identification number and the names, surname, date of birth and address of the place of permanent residence of persons who are the statutory authorities of a legal person or members of the statutory body of a legal person, ';
6. In Article 5 (2) (c), the words "the end of the collection 'are replaced by the words" the end date of the collection or, where appropriate, the information that the collection will be held for an indefinite period'.
7. in § 5 (2) (h):
"(h) 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 period or for a fixed period of more than 1 year;"
8. in Article 5 (2), the following point (i) is added:
"(i) the day of the year on which the first annual interim accounts referred to in Article 24 (2) shall be drawn up, unless that date is identical to the date referred to in paragraph 2 (h).";
9. In Article 5, at the end of paragraph 5, the sentence "Change and extend the way in which the collection is carried out to other than that referred to in Article 9 (1) shall be added only by decision of the competent regional authority referred to in Article 9 (2)."
10.Paragraph 5 (6) reads as follows:
"(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. ';
11.
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. ';
12.
(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 comparable manner as 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 collection which has been notified as a fixed-term collection cannot be converted into an indefinite collection after publication of its certificate. "
13. in Article 9 (1) (c), the words "in places to receive contributions" shall be deleted;
14. in Paragraph 9 (1), the word "or" shall be deleted at the end of the text of point (e).
15. in Article 9 (1) (f):
"(f) donor text messages via telecommunications terminal equipment, or"
16. in Article 9 (1), the following point (g) is added:
"(g) by placing cash in a cash register set up by a legal person."
17. In Article 9, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(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 competent regional authority shall certify the collection for the manner in which it is held in accordance with paragraph 1. ';
Paragraph 2 shall become paragraph 4.
18. in Paragraph 10 (1) (e), the word "place" shall be replaced by "location address" and the word "conduct" shall be replaced by "implementation."
19. Paragraph 10 (2) reads:
"(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 purposes of billing the collection.';
20. in Article 10 (4), the words "by name and surname" shall be deleted;
21. In Article 11, the following paragraph 2 is inserted after paragraph 1:
"(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.';
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
22. Paragraph 11 (3) reads:
"(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. ';
23. in Article 11 (4), the words "2 authorised representatives" shall be replaced by the words "authorised representative."
24. In Paragraph 11 (5), "2 'is replaced by" 3' and "3 'is replaced by" 4'.
25. In Article 12, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(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, how many articles were actually sold, what was the total volume of the contributions obtained by the sale of the articles and how they were disposed of with the articles that could not be sold. The gross proceeds of the collection shall include the amount of the contribution. ';
26. In § 13, the words "and the serial number of the ticket" shall be added at the end of the first sentence.
27. In Paragraph 13, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(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, what is the amount of the allowance, how many tickets were actually sold, the total amount of contributions obtained from the sale of tickets and how they were handled with tickets not sold. The gross proceeds of the collection shall include the amount of the contribution. ';
28. in Paragraph 14 (1):
"(1) The natural person responsible for carrying out the collection shall, on 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, 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 particulars 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. ';
29.
In the event of a collection of donor text messages via 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. "
30. The following Section 16a is inserted after Section 16:
If the collection is carried out by the deposit of cash in a cash register set up by a legal person, the legal person shall account for such deposit in an item in a way which clearly identifies the deposit link to the cash deposit in accordance with Section 23 of this Act. '
31. in Article 19 (3) to (5):
"(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 comparable manner to that which it has promoted. ';
32. in § 20 (1), § 21 (4) and § 24 (4), the words "the same way as it has promoted the collection and, failing this, cannot be achieved in a comparable manner" shall be replaced by "the comparable way it has promoted the collection."
33. In Article 20, the words "and in a way that allows remote access (" the website ") 'shall be added at the end of the text of paragraph 3.
34. In Paragraph 22, the words "and their websites' shall be added at the end of the text of paragraph 2.
35. in Paragraph 23 (1):
"(1) The legal person is obliged to set up a special bank account for each collection 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. ';
36. In Article 23 (2), the words "gross revenue 'are replaced by the words" total gross revenue for the period during which the collection was carried out'.
37. In Article 23, the following paragraph 3 is inserted after paragraph 2:
"(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. ';
Paragraph 3 shall become paragraph 4.
38. in Paragraph 24 (2):
"(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 date of commencement of the collection. '
39. the following Section 24a is inserted after Section 24:
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). '
40. Paragraph 25 reads:
(1) The natural person for whose benefit the collection has been carried out, or its legal representative or guardian, 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 the offence referred to in paragraph 2 is committed. "
41. The following Sections 25a and 25b are inserted after Section 25:
(1) A legal person commits an administrative offence by:
(a) holds a collection without notification pursuant to Article 4 (1);
(b) fails to comply with the notification requirement under Article 5 (5) or Article 8 (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) fails to comply with the notification obligation under Article 8 (3);
(f) it shall not submit the instrument of collection to verify the number and formalities referred to in Article 10 (2) or, in contravention of Article 10 (4), shall not ensure that natural persons, as contributors to the instrument of collection, mark the contribution provided and sign;
(g) fails to fulfil one of the obligations in the collection of cash boxes under § 11 (1) to (5);
(h) they shall not place a notice of collection information in the space in which the items included in the collection allowance are sold, as provided for in Article 12 (1);
(i) does not keep records of the sale of articles for sale pursuant to Article 12 (2);
(j) in contravention of Paragraph 13 (1), it shall not indicate the amount of the allowance and the serial number of the tickets for public cultural or sports performances or other generally accessible events organised for the purpose of obtaining the allowance or shall not be posted at the entrance to the premises where the performance or event takes place, the notification or the information contained in this notice shall not be included in public notices of performance or event;
k) does not keep records of tickets for sale pursuant to Paragraph 13 (2);
(l) entrust the collection to the natural person in breach of Paragraph 14 (2);
(m) carry out a collection of collectibles or sales of articles or tickets in breach of Section 15;
(n) provide or publish data on the persons who provided the contribution in breach of Article 17;
(o) continue the collection after a change in its purpose, contrary to Article 19 (1), (4) or (5);
(p) fails to fulfil any of the obligations under Paragraph 20 (1) in cases where it does not continue to hold a collection after the end of its purpose;
(q) the collection is held even if, pursuant to Paragraph 21 (1) or (2), it has been decided that the collection cannot be held or that its conduct is temporarily halted;
(r) 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;
s) make use of the contributions received by the collection, without notification, contrary to the decision pursuant to § 22 (1);
(t) in contravention of Paragraph 23 (1), establish a special bank account for the collection, or transfer to that account the gross proceeds of the collection or not charge for the costs, revenues, assets and liabilities of each collection in such a way as to demonstrate the consistency of the accounting records with the accounting records of the collection,
(u) in breach of Paragraph 23 (2), it shall use more than 5% of the gross proceeds of the collection to cover the costs of the collection;
(v) in breach of Paragraph 23 (4), it shall not use the net proceeds of the collection solely for the specified purpose of the collection;
(w) not submit an interim bill of account pursuant to § 24 (2);
(x) fails to present the total bill of account of the collection or to fulfil any of the obligations under Paragraph 24 (3); or
(y) in breach of Article 24 (4), the public shall not disclose the final accounts of the collection and its use.
(2) A fine shall be imposed for the administrative offence:
(a) 50 000 CZK if it is an administrative offence pursuant to paragraph 1 (b), (f) and (m),
(b) 100 000 CZK if the administrative offence referred to in paragraph 1 (j), (k), (l) or (x),
(c) 300 000 CZK for administrative offences referred to in paragraph 1 (c), (e), (g), (n), (p), (q) or (r),
(d) 500 000 CZK for administrative offences referred to in paragraph 1 (a), (d), (h), (i), (o), (s), (t), (u), (v), (w) or (y).
(1) The legal person shall not be liable for an administrative offence if he proves that he has made every effort to prevent an infringement.
(2) In determining the amount of the fine to a legal person, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed and the consequences thereof and the circumstances in which it was committed.
(3) The liability of a legal person for an administrative offence shall cease if the administrative authority has not initiated proceedings against him within 1 year of the date on which he became aware of it, but no later than 3 years from the date on which he was committed.
(4) Administrative offences of a legal person under this law shall be dealt with at first instance by the competent regional authority. If a legal person is a region or capital city of Prague, the Ministry shall discuss administrative offences at first instance. The transfers provided for in Article 25 shall be discussed at first instance by the competent regional authority. '
42. In the second sentence of Paragraph 26 (2), "1 month 'is replaced by" 14 days'.
43. In Article 26 (3), the words "a means of remote access' are replaced by the words" on their website within 14 days of the date of receipt of the notification of the competent regional authority referred to in paragraph 2 '.
(44) Paragraph 29, including footnote 6, is deleted.
Transitional provisions
1. Collections notified under Act No. 117 / 2001 Coll., as effective by the date of entry into force of the Act, shall be assessed under Act No. 117 / 2001 Coll., as effective by the date of entry into force of the Act.
2. Proceedings concerning the collection notified before the date of entry into force of this Act are subject to Act No. 117 / 2001 Coll., as effective by the date of entry into force of this Act.
Efficacy
This Act shall take effect on 1 July 2012.
Germany
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Regulation Information
| Citation | Act No. 120 / 2012 Coll., amending Act No. 117 / 2001 Coll., on Public Collections and on the Amendment of Certain Acts (Act on Public Collections), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.04.2012 |
|---|---|
| Effective from | 01.07.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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