Act No. 166 / 2004 Coll.
Act on the transfer of certain assets with which it is responsible to manage the Czech Airport Administration, state enterprise, from the ownership of the Czech Republic to the ownership of certain regions
Valid
Effective from 16.04.2004
Text versions:
16.04.2004
166
THE LAW
of 25 March 2004
on the transfer of certain assets with which it is responsible to manage the Czech Airport Administration, a state enterprise, from the ownership of the Czech Republic to the ownership of certain regions
Parliament has decided on this law of the Czech Republic:
Purpose of the law
(1) This law regulates the procedure and conditions for the transfer of the selected assets, which is owned by the Czech Republic (hereinafter referred to as "the State"), with which the Czech Airport Administration, a State Enterprise (hereinafter referred to as "the State Enterprise") is responsible. 1)
(2) The property referred to in paragraph 1 is specified in Part A of the Annex to the Act.
Transfer of assets
(1) Date of entry into force of the Decision of the Ministry of Transport ("Ministry")
(a) they are transferred to the respective regions of the part of the enterprise (2) (hereinafter referred to as "the undertaking") listed in Part B of the Annex to the law to which the State enterprise was entitled to manage;
(b) all rights and obligations, including rights and obligations arising from employment relationships, are transferred to the different counties at the same time as the transfer of the undertaking;
(2) The decision referred to in paragraph 1 shall be written and shall include, in particular, the business name and registered office of the State firm, the definition of the transferring undertaking, including matters, rights and obligations belonging to the undertaking. The undertaking shall be determined by the total value of all its components identified by means of an extraordinary inventory; the extent of the items, rights, obligations and other monetary valuables transferred to the county shall be determined on the basis of the internal accounting records kept by the State firm under the special legislature4) separately for the undertaking in accordance with the condition in force on the date of the decision referred to in paragraph 1. In addition, non-movable goods must bear the particulars necessary for their registration in the property register. 5) The decision shall include the date of issue, the effective date and the stamp of the Ministry. The decision shall be signed by the Minister for Transport.
(3) The decision is at the same time a decision on the withdrawal of assets with which the State enterprise has the right to operate under a special legislature.6) The administrative rules shall not apply to the issue of this Decision.
(4) The decision must be given within 6 months of the date of entry into force of this Act.
(5) The acquiring region is the region in whose territory the undertaking is located at the date of the decision. The acquiring regions are listed in Part B of the Annex to the Act.
(6) The decision will be sent by the county within 3 months of the date of entry into force of this decision, with the notification of the transfer of ownership law from the Czech Republic to the region to make an entry into the property register. 7)
If a person authorised under special legislation has claimed or exercised a claim on goods belonging to an undertaking which are transferred within an undertaking to the ownership of a region under this law, 8) the country shall become a person liable under that special legislation on the date of entry into force of a decision given under § 2.
(1) An undertaking moving under Paragraph 2 (1) shall be a part of the airport under special legislation (9) (hereinafter referred to as "the airport"). The airport must remain owned by the county for a period of 10 years from the date of acquisition of the airport and must be used for that period only for the purpose for which it was used in accordance with the special legislature10) on the date of transfer of ownership pursuant to § 2, unless, where justified, the Ministry has given its assent to another way of loading, upon request.
(2) At the end of the period referred to in paragraph 1, in the case of transfer of ownership to an airport, the county shall retain a joint ownership interest of at least 51% of the assets constituting the airport.
(3) If the region fails to fulfil the obligation referred to in paragraph 1 or 2, the legal act by which it carried out the transfer of ownership to the airport shall be invalid if the invalidity is granted by the Ministry. The Ministry may exercise this right within one year of the date of such a legal act.
Efficacy
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Spindles v. r.
Annex to Act No. 166 / 2004 Coll.
The Annex contains the specification of the state enterprise Czech Airport Administration, s.p., from which parts of the enterprise are transferred from state ownership to regions, the effectiveness of the decision of the Ministry of Transport, and an indication of the following parts of the company:
State enterprise: business firm, registered office, identification number, business register registration
Czech Airport Administration, p.p. (hereinafter referred to as CSL, p.p.)
ID: 62 41 33 76
Location: Prague 6, Ruzyně airport, Postal code 160 08
Registration in the Commercial Register: Municipal Court in Prague, section A, vl. 13317
| Kraj | přecházející část podniku |
|---|---|
| Kraj Karlovarský: | Letiště Karlovy Vary – Olšová Vrata 360 01 Karlovy Vary 1 |
| Kraj Jihomoravský: | Letiště Brno – Tuřany 627 00 Brno |
| Kraj Moravskoslezský: | Letiště Ostrava – Mošnov 742 51 Mošnov. |
1) Article 2 of Act No 77 / 1997 Coll., on a State Company, as amended.
2) Article 5 of the Commercial Code, as amended.
3) Paragraph 249 (2) of the Labour Code, as amended.
4) Act No. 563 / 1991 Coll., on Accounting, as amended.
5) § 5 of Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended.
6) Paragraph 16 (8) of Act No. 77 / 1997 Coll., as amended.
7) Article 7 of Act No. 265 / 1992 Coll., on the Minutes of Property Property Rights and Other Property Rights, as amended.
8) For example, Act No. 87 / 1991 Coll., on extrajudicial rehabilitation, as amended, Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended.
9) Article 2 of Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended.
10) Article 26 of Act No. 49 / 1997 Coll., as amended.
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Regulation Information
| Citation | Act No. 166 / 2004 Coll., on the transfer of certain assets with which it is responsible to manage the Czech Airport Administration, state enterprise, from the ownership of the Czech Republic to the ownership of certain regions |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.04.2004 |
|---|---|
| Effective from | 16.04.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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