Decree No. 143 / 1948 Coll.
Order to be published in the Official Journal of the European Union on the settlement of certain liabilities by transfer to a tied deposit (account)
Valid
Effective from 04.06.1948
143.
Decree of the Minister of Finance
of 19 May 1948
to publish the monetary liquidation fund measure on the settlement of certain liabilities by transfer to a tied deposit (account).
Under Article 17 of the Act of 2 July 1947, No 141 Coll., on the Monetary Liquidation Fund, I declare the measure of the Monetary Liquidation Fund of 23 April 1948; the measure shall take effect on the day of its publication.
Dr Dolansky v. r.
Measures
Foreign exchange liquidity fund
on balancing certain liabilities by transferring to a tied deposit (account).
The Monetary Liquidation Fund (hereinafter referred to as the Fund) provides, pursuant to Section 8 of the Act of 2 July 1947, No 141 Coll., on the Monetary Liquidation Fund:
(1) The commitments, calculated in § 16, paragraph 1 of the decree of the President of the Republic of 19 October 1945, No 91 Coll., on the renewal of the Czechoslovak currency, may, if they exceed in each case an amount of 100 CZK, be fulfilled by a transfer to a tied deposit (account) in favour of the creditor, in the case of the Fund's securities, if the Fund so agrees pursuant to Article 2. In this case, the creditor is obliged to accept this payment on the spot.
(2) The provisions of the preceding paragraph do not apply to the fulfilment of the obligations of the Postal Savings and Money Institutions (Money Undertakings).
(1) If the debtor wishes to comply with the obligation referred to in Article 1 by transfer to a tied deposit (account) in favour of the creditor, he must prove in the application for approval of the transfer the amount, the legal reason and the maturity of the commitment, the reasons why he did not fulfil his obligation until 14 February 1946 and add to the tax administration a confirmation of the amount of the claim by the creditor in the application for property benefits under the Law of 15 May 1946, No 134 Coll., on the income levy and on the property levy. There is no need for confirmation of the tax administration if the creditor is exempted from applying for the levy on the increase in assets and the levy on assets (§ § 15, 34 and 41 of the Act).
(2) If the debtor is unable to submit a confirmation to the tax administration of the creditor of the claim, it shall be sufficient to prove that the tax administration responsible for the assessment of the property benefits to the creditor has notified the creditor in writing of the name and residence of the creditor, as well as the amount and legal grounds of the claim which it intends to remedy by the transfer.
(1) In cases not covered by the provisions of Article 1 (1), transfers between tied deposits of different owners shall be admissible only if the creditor also agrees to the transfer.
(2) The provisions of Article 2 (1) shall apply mutatis mutandis to the elements of the application; in addition, it shall be accompanied by a written declaration by the creditor that he agrees to the payment of the transfer from the tied deposit.
Applications under this measure must be submitted by means of a money institution (a money undertaking) on forms issued by the Fund.
Done at Prague, 23 April 1948.
Foreign exchange liquidation fund
Dr. Heavens v. r.
Dr Chmela v. r.
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Regulation Information
| Citation | Decree No. 143 / 1948 Coll., which publishes the measures of the Monetary Liquidation Fund on balancing certain liabilities by transfer to a tied deposit (account) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.06.1948 |
|---|---|
| Effective from | 04.06.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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