Decree of the Government of the Czechoslovak Socialist Republic No. 127 / 1988 Coll.
Ordinance of the Government of the Czechoslovak Socialist Republic on the Financial Management of State Enterprises of the Agricultural and Food Complex, Unified Agricultural Cooperatives and Joint Undertakings
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Effective from 01.01.1989
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127
GOVERNMENT REGULATION
Czechoslovak Socialist Republic
of 30 June 1988
on the financial management of state-owned enterprises in the agricultural and food complex, single agricultural cooperatives and joint ventures
The Government of the Czechoslovak Socialist Republic orders, pursuant to § 71 of Act No. 88 / 1988 Coll., on State Enterprise, § 82 (1) of Act No. 90 / 1988 Coll., on Agricultural Cooperatives, and in order to implement the Economic Code and Act No. 134 / 1970 Coll., on State Budget Rules of the Czechoslovak Federation and on the Principles of Management of State Budget Funds of the Federation and Republics (Budget Rules):
Preliminary provisions
(1) This Regulation regulates the financial management of state-owned enterprises (1) whose founder is the Federal Ministry of Agriculture and Nutrition or the Ministry of Agriculture and Nutrition of the Czech Socialist Republic or the Ministry of Agriculture and Nutrition of the Slovak Socialist Republic (hereinafter referred to as the "Ministry of Agriculture and Nutrition of the Republics'), the Unified Agricultural Cooperatives and Joint Undertakings (2).
(2) In addition, this Regulation provides for the financial management of Military Forests and Property, Prague, the State Property of the City of Prague, an organisation with food production within the competence of the National Committees and the Wholesale Laboratory Animals Prague.
Financial resources of the organisation
The financial resources of the organisations referred to in § 1 (hereinafter referred to as "the organisations') are:
(a) a profit from its activities, including funds provided by supplementary pricing instruments (profit);
(b) depreciation of basic funds (hereinafter referred to as depreciation),
(c) other financial resources (Section 9).
Property and wealth funds
The assets of the organisations referred to in Article 12 (1) and the assets of the organisations referred to in Article 12 (2) shall be: the fund of funds and investments, the turnover fund and the securities fund; the organisation which establishes the turnover fund shall combine the securities fund with that fund.
Additional price instruments
Differential bonus I
(1) Differential supplements I pay the increased costs to organisations operating in worse production conditions included in the 21 to 42 production economic group.
(2) Such supplements shall be granted for the sales of products of their own agricultural production or, where appropriate, the production operated jointly with other organisations under contract. They shall also be granted for sales of own agricultural products sold to their workers and members, in their own retail establishment, in a market presentation or processed, where appropriate, into food or industrial products.
(3) The organisation's own production shall also be considered to be production under a contract concluded with citizens; the condition is that kept animals remain in the property of the organisation until the sale.
(4) For entitlement to differential premiums I sales include all the increases to purchase prices, the premium for stimulating the production and quality of agricultural products, and the premiums and premiums granted from the budget funds of the Ministry of Agriculture and Nutrition of the Republic (Section 28).
(5) The value of the intermediate product purchased, in particular seed, seed, breeding and productive animals, feed, shall be deducted from the base.
(6) Amount of differential surcharges I shall be calculated on the basis of the rates set out in the Annex per 100 Kčs.
(7) Differential supplements I are part of the proceeds.
(8) Claims on differential premiums I shall apply the organisations in the state statement.
Differential bonus II
(1) Differential supplements II are granted to organisations according to the rules laid down by the Government of the Czechoslovak Socialist Republic (hereinafter referred to as "the Government") to compensate for the different starting conditions, the effects of changes in economic instruments, the extreme production conditions and the conditions of border areas.
(2) The rates of differential allowances II for each organisation are set by the Ministries of Agriculture and Nutrition of the Republics in agreement with the Federal Ministry of Agriculture and Nutrition.
Other additional price instruments
The provision of funds by other supplementary pricing instruments (supplements to purchase prices, premiums, etc.) shall be made on the basis of generally binding legislation and under the budget of the Ministry of Agriculture and Nutrition of the Republics in accordance with the rules laid down by the Government; These funds are part of the organisation's revenues.
Use of profit
(1) The organisation uses profit in the following order:
(a) to pay interest (if not paid on costs);
(b) to pay taxes and other payments to the state budget, to the state funds and to the budget of the national committees;
(c) the minimum compulsory allocation to the development fund;
(d) for other purposes laid down by specific provisions, including penalties;
(e) the minimum compulsory allocation to the fund of cultural and social needs, in single agricultural cooperatives to the allocation provided for in Article 15 (1) (b);
(f) the minimum compulsory allocation to the reserve fund (up to the minimum balance of the fund fixed), with the exception of agricultural organisations;
(g) for other purposes provided for in this Regulation,
(h) further allocations to the organisation's funds (Section 12) as decided.
(2) The gain on the allocation to the funds of the organisation referred to in paragraph 1 (h) shall be used by the organisation only after the profit has been used to meet the needs referred to in paragraph 1 (a) to (g). If the resources of the Development Fund are insufficient to meet the needs of the Development Fund, in particular to complement the Turnover Fund, the organisation shall make a priority allocation to the Development Fund.
(3) In the absence of a profit to meet the needs of the company, the organisation shall complement the profit to be distributed from the reserve fund.
(4) The organisation may not allocate more resources to the funds of the organisation, except for the minimum compulsory allocation to the fund of cultural and social needs than the remaining profit (supplemented, where appropriate, from the reserve fund) after the use of the profit referred to in paragraph 1 (a), (b) and (d).
(5) Undistributed profits are transferred by the organisation to its reserve fund at the end of the year; where the organisation does not create a reserve fund pursuant to Paragraph 12 (2), it transfers undistributed profits to the development fund.
Use of depreciation
The organisation uses depreciation to allocate to its development fund. The allocation of depreciation shall be carried out for a transitional period for certain organisations, with the exception of agricultural organisations, in accordance with the rules laid down by the government.3) Any amortisation shall not be considered as a withdrawal of the organisation's assets.
Use of other financial resources
(1) The other financial resources acquired by the organisation in its economic activity are:
(a) contributions from the costs of economic activity to the Funds;
(b) sales of basic funds and investments;
(c) revenue from the outcome of the scientific and technological development tasks;
(d) contributions received to the pooling of funds;
(e) resources derived from integration funds (Section 19);
(f) special-purpose subsidies (Sections 21 and 22).
(2) The Organisation uses these resources to finance its economic activities and to allocate them to the relevant funds; it can also use other sources (loans, repayable loans).
Allocation
When pooling funds in accordance with specific regulations (4), organisations shall:
(a) may use the resources provided for in the financing of the activity to which it is associated for pooling;
(b) establish from the means adopted to pool resources to finance activities for which the funds have been provided to it and are used solely for those purposes.
Removal payments for agricultural land
Compensation for the withdrawal of agricultural land shall be paid by the organisation for:
(a) temporary withdrawal from the distribution of profits, except in the cases referred to in (b);
(b) permanent withdrawal and temporary withdrawal for construction site installations from the development fund.
System of Funds
Organisation Funds
(1) An organisation whose status, legal circumstances and principles of activity are governed by the Law on State Enterprise creates a development fund, a reserve fund, a cultural and social needs fund and a remuneration fund.
(2) An organisation whose status, legal circumstances and principles of activity are governed by the Act on Agricultural Cooperatives creates the following funds: the Development Fund and the Fund for Cultural and Social Needs. Where such organisations set up a remuneration fund and a reserve fund, they shall proceed mutatis mutandis in accordance with paragraphs 14 and 16 of this Regulation.
(3) The Organisation may set up additional funds from profits according to its decision.
(4) Organisations shall establish, under the conditions laid down in Sections 17 to 20, special-purpose funds whose resources are wholly or partly different from profit, the risk fund, the integration fund and the equalisation fund for the purchase of agricultural products by processing organisations and the material export stimulus fund.
(5) The funds referred to in paragraphs 1 to 3 may be held by the organisation in its current account or deposited in separate deposit accounts with the bank concerned, as decided by the organisation. In separate deposit accounts with the relevant bank, it always stores the funds of the fund of cultural and social needs.
(6) The organisation shall ensure its solvency in such a way that, in its economic activity, the expenditure borne by each fund created and set up under paragraphs 1 to 3 does not exceed the amount of the resources of such funds and the amount of the funds held in the current account or in separate deposit accounts with the bank concerned in the use of bank loans during the year.
(7) The minimum mandatory allocations to the Funds and the minimum balance of the reserve fund are fixed for organisations.
(8) The balance of the Funds at the end of the year shall be transferred to the following year.
Development Fund
(1) The Development Fund shall consist of:
(a) the minimum compulsory profit allocation provided for in Article 7 (1) (c) and the profit allocation provided for in Article 7 (1) (h);
(b) the allocation of depreciation,
(c) a contribution from the costs of economic activity of an amount set by the normative act to finance expenditure on the development of science and technology;
(d) transfer from the turnover fund pursuant to § 23 (6);
(e) other sources, namely:
1. Contributions to pooling funds to finance investments and expenditure on the development of science and technology,
2. revenue from the sale of basic assets and investments, with the exception of those referred to in Article 15 (1) (d) (2);
3. special-purpose subsidies from the state budget, from the state funds, from the fund of the agri-food complex,
4. revenue from the management of scientific and technological development tasks;
5. contributions from the Fund for Damages from insurance undertakings and integration funds of partner organisations,
6. transfer from other funds created and established by the organisation pursuant to § 12 (1) to (3);
7. other resources laid down by specific provisions.
(2) The Development Fund is applied:
(a) to finance investments including repayments of investment credits pursuant to Article 24;
(b) to finance expenditure on the development of science and technology pursuant to Section 25;
(c) to complement the turnover fund pursuant to Article 23 (5);
(d) to cover the pooling of funds in the procurement of joint investments and the management of scientific and technical development tasks;
(e) to provide one-off contributions to construction housing cooperatives, as decided by the organisation to compensate for differences between the minimum and the actual membership share of the stabilising cooperative apartment when changing its user, for flats whose construction started before 1.1.1977;
(f) to provide advances on the members' shares of housing cooperatives for members and staff of organisations not known at the time of the start of cooperative construction;
(g) to provide financial contributions to development projects of organisations operating under business regulations involving foreign entities;
(h) as an additional resource to finance the maintenance and repair of basic funds;
(i) to pay the instalments of the operating credit used to cover stocks in the long term;
(j) for other purposes laid down by generally binding legislation.
(3) The organisations referred to in Paragraph 25 (2) which bear the costs of developing science and technology directly from the costs of their economic activity shall not apply the provisions of paragraphs 1 (c) and (e) (4) and 2 (b).
(4) The use of the resources of the Development Fund shall not be linked to the resources from which the Development Fund is made up. The financing of the needs borne by the Development Fund under paragraph 2 (a), (b), (d) to (j) shall be limited to the resources of the Fund remaining after the completion of the Turnover Fund under Paragraph 23 (5).
(5) In order to cover the expenditure borne by the Development Fund referred to in paragraph 2, the organisation may use return loans from other organisations or from the system fund of the agri-food complex.
(6) The use of the resources of the Development Fund may be exceeded by the amount of bank loans received and outstanding for the development of science and technology and by the amount of payments made under paragraph 5.
(7) The allocation of depreciation of basic funds shall be made during the year at the actual applicable amount. The standard allocation for non-investment expenditure for the development of science and technology for costs shall be made on a quarterly basis according to the volume of the indicator established.
Remuneration fund
(1) The remuneration fund shall consist of:
(a) an allocation of profits pursuant to Article 7 (1) (h) in accordance with wage rules;
(b) transfer from the fund of remuneration of other socialist organisations;
(c) part of the rewards of socialist competition organised by the Government and the Central Council of Trade Unions and the Association of Cooperative Farmers;
(d) from other sources provided for in the specific regulation.
(2) The remuneration fund is applied:
(a) the personal and material involvement of workers of organisations in the results of the management under wage regulations;
(b) to transfer to funds the remuneration of other socialist organisations;
(c) to pay for exceeding the total amount of wage resources in accordance with the wage rules;
(d) the transfer of funds to other funds of the organisation.
(3) If the organisation does not create a remuneration fund, it shall pay the funds for the participation of members and workers in the results of profit management, which will remain to be used to meet the needs of Article 7 (1) (c) to (f).
Cultural and social needs fund
(1) The Fund for Cultural and Social Needs is composed of:
(a) in the public undertakings, joint ventures and organisations referred to in Article 1 (2), a minimum compulsory allocation of profits pursuant to Article 7 (1) (e);
(b) in the single agricultural cooperatives, an allocation of an amount ensuring that the socio-economic and social needs of members, including pensioners, are met in accordance with Article 7 (1) (e);
(c) an allocation of profits pursuant to Article 7 (1) (h);
(d) other financial resources, namely:
1. Contributions to pooling funds to finance expenditure borne by the Fund for Cultural and Social Needs,
2. revenue from the sale of basic funds and investments and other items acquired from the cultural and social needs fund;
3. from the proceeds of the racing meals,
4. Part of the rewards of socialist competition organised by the Government, the Central Council of Trade Unions and the Association of Cooperative Farmers,
5. other sources laid down by specific regulations.
(2) The fund of cultural and social needs is used to finance expenditure on corporate social consumption in accordance with a special regulation, (5) except for the organisations referred to in Article 12 (2), provided that such expenditure is not covered by the costs of the organisation's economic activity or profit, (6) or the development fund, as the case may be.
(3) The organisations referred to in Article 12 (2) in corporate social consumption include expenditure on: cultural education and training activities, including social contacts, contributions to pensions of members of single agricultural cooperatives, the settlement of the housing situation of workers and members of organisations (in particular the provision of contributions to members' shares in housing cooperatives and housing loans), recreational activities, physical and sports activities, social purposes, contributions to the payment of the agricultural products sold to pensioners - members and former workers, contributions to increasing the nutritional value of food in racing, health care, remuneration and donations.
(4) State-owned enterprises with agricultural production may grant contributions from the fund of cultural and social needs to former workers - pensioners for partial or full payment of agricultural products sold under special rules. 7)
(5) With the exception of the organisations referred to in Article 12 (2), the minimum compulsory allocation to the fund of cultural and social needs shall be guaranteed, with the exception of the organisations referred to in Article 12 (2), in the absence of a profit to be distributed (after the full depletion of the resources of the reserve fund referred to in Article 16 (3)), from the relevant national budget or, where applicable, from the budget of the relevant national committee.
Reserve Fund
(1) The reserve fund is made up of a minimum compulsory profit allocation for organisations, with the exception of agricultural organisations, the profit allocation referred to in Article 7 (1) (h) and the transfer of undistributed profit pursuant to Article 7 (5).
(2) The reserve fund is used:
(a) to supplement the resources of the profit to be distributed;
(b) to provide return loans to organisations and to take over loan guarantees and bank loans.
(3) The organisation uses the reserve fund to supplement the profit to be distributed for the purposes set out in points (a) to (e) of Article 7 (1) and below the fixed minimum balance of the fund.
Counterparties
In order to compensate for the financial differences resulting from differences between the calculation and the actual purchase prices, depending on the range and quality of the raw materials purchased, organisations processing agricultural products may set up compensatory funds. The statutes of these funds are approved by the Ministry of Agriculture and Nutrition of the Republic in agreement with the Ministry of Finance, Prices and Wages of the Czech Socialist Republic or the Ministry of Finance, Prices and Wages of the Slovak Socialist Republic.
Risk fund
(1) A risk fund may create:
(a) an agricultural organisation which cultivates small-volume crops covered by one of the following crop insurance groups:
1. cereals and leguminous vegetables,
2. oil and fibre plants;
3. forage,
(b) organisations processing agricultural raw materials;
(c) organisation of agricultural services.
(2) The risk fund consists of:
(a) the agricultural organisation as a percentage of the insured yield of small-scale crops in the year concerned;
(b) the organisation processing agricultural raw materials by a percentage of the value of the planned volume of the agricultural raw material delivered and of the price differences for supranational and non-contractual purchases of the price of the regulated products;
(c) organisation of agricultural services (buying and supplying, breeding, hop, seed and breeding services) by a percentage of sales volume and other sources.
(3) The rates referred to in paragraph 2 (a) to (c) shall be determined by the organisation according to its needs.
(4) The resources of the risk fund apply:
(a) an agricultural organisation to compensate for damage to small-scale crops, up to a maximum of the differences between the insured yield of the small-scale crop and the remuneration in the group to which the crop is included;
(b) organisations processing agricultural raw materials to cover:
1. reduction of economic results for reasons lower than the planned quantity and quality of agricultural raw materials, where such reduction is not covered by insurance,
2. to compensate for differences and losses in the sale of products and goods at reduced prices to cover the increased transport costs associated with the implementation of sales and sales activities;
(c) organisation of agricultural services to cover losses and risks associated with production, sales and commercial activities caused by an organisation which is not affected by causes.
(5) The resources of the risk fund may be used up to the maximum amount of resources created and have the character of revenue.
Integration Fund
(1) An integration fund may be set up by organisations which buy or process agricultural raw materials and by service organisations.
(2) The integration fund shall consist of:
(a) at the cost of the organisation, at the rate of the sales determined in the form of a wholesale price;
(b) an allocation from the agri-food complex system fund,
(c) an allocation from the applicable profit of the organisation;
(d) from collective funds.
(3) In particular, the Integration Fund shall be used:
(a) to provide contributions to non-investment and investment measures to ensure the required quantity, quality, structure, distribution and pre-processing of agricultural products supplied and the payment of services provided to partner organisations;
(b) to strengthen the participation of organisations in technological and product innovation of agricultural raw materials;
(c) to promote socialist competition in order to improve the quality and quantity of raw materials supplied.
(4) The resources of the Integration Fund may be used up to the maximum amount of resources created.
Export material stimulus fund
The organisation may establish an export material stimulus fund; the creation and use of this fund is determined by the Federal Ministry of Finance.
Purpose subsidies from the State budget
Subsidies for the development of breeding and breeding of new plant varieties
(1) Subsidies for the development of breeding activities are used to cover costs related to the control of livestock performance, the check of livestock performance, the promotion of the breeding of bovine animals, pigs, sheep, horses, the premium of breeders and other activities related to the development of breeding.
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Regulation Information
| Citation | Decree of the Government of the Czechoslovak Socialist Republic No. 127 / 1988 Coll., on the Financial Management of State Enterprises of Agricultural Food Complex, Uniform Agricultural Cooperatives and Joint Undertakings |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.08.1988 |
|---|---|
| Effective from | 01.01.1989 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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