Act No. 179 / 2005 Coll.
Act amending certain laws in connection with the adoption of the Act on the abolition of the National Property Fund of the Czech Republic
Valid
Law
Effective from 01.01.2006
Contents
ČÁST PRVNÍ
Čl. I
ČÁST DRUHÁ
Čl. II
ČÁST TŘETÍ
Čl. III
㤠21
ČÁST ČTVRTÁ
Čl. IV
ČÁST ŠESTÁ
Čl. VI
ČÁST OSMÁ
Čl. VIII
ČÁST DEVÁTÁ
Čl. IX
㤠8
ČÁST DESÁTÁ
Čl. X
ČÁST JEDENÁCTÁ
Čl. XI
ČÁST TŘINÁCTÁ
Čl. XIII
㤠8
ČÁST PATNÁCTÁ
Čl. XV
ČÁST ŠESTNÁCTÁ
Čl. XVI
ČÁST SEDMNÁCTÁ
Čl. XVII
ČÁST OSMNÁCTÁ
Čl. XVIII
ČÁST DEVATENÁCTÁ
Čl. XIX
ČÁST DVACÁTÁ PRVNÍ
Čl. XXI
ČÁST DVACÁTÁ DRUHÁ
Čl. XXII
ČÁST DVACÁTÁ TŘETÍ
Čl. XXIII
ČÁST DVACÁTÁ ČTVRTÁ
Čl. XXIV
ČÁST DVACÁTÁ PÁTÁ
Čl. XXV
ČÁST DVACÁTÁ ŠESTÁ
Čl. XXVI
ČÁST DVACÁTÁ OSMÁ
Čl. XXVIII
ČÁST TŘICÁTÁ PRVNÍ
Čl. XXXII
ČÁST TŘICÁTÁ DRUHÁ
Čl. XXXIII
Čl. XXXIV
ČÁST TŘICÁTÁ ČTVRTÁ
Čl. XXXVI
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179
THE LAW
of 28 April 2005
amending certain laws in connection with the adoption of the Act repealing the National Property Fund of the Czech Republic
Parliament has decided on this law of the Czech Republic:
Amendment to Act No. 500 / 1990 Coll.
In Article 16a (2) of Act No. 500 / 1990 Coll., on the jurisdiction of the authorities of the Czech Republic in matters of transfers of State ownership to other legal or natural persons, as amended by Act No. 191 / 1994 Coll. and Act No. 320 / 2002 Coll., the words "and the National Property Fund of the Czech Republic" and the words "or the National Property Fund of the Czech Republic" are deleted.
Amendment to the Capital Market Enterprise Act
Act No. 256 / 2004 Coll., on Capital Market Enterprise, as amended by Act No. 635 / 2004 Coll., is amended as follows:
1. in Paragraph 118 (3) (c):
"(c) information on all cash and in-kind income received for the financial year by managers and supervisory board members from the issuer and persons controlled by the issuer, in aggregate for all board members, in aggregate for all other managers and in aggregate for all members of the supervisory board.";
2. in Paragraph 118 (3) (d):
"(d) information on the number of shares issued by the issuer which are owned by the statutory authorities or their members, other management bodies of the issuer and members of the supervisory board, including persons close to them, information on options and similar contracts, the underlying asset of which is the participating securities issued by the issuer and whose parties are those persons, or which are concluded for the benefit of those persons; the information shall be presented together for all members of the Board of Directors, collectively for all other managers, collectively for all members of the Supervisory Board and collectively for persons close to those who are; those persons shall notify the issuer of the necessary information. ';
Amendment of the Act on the Conditions for Transfer of State Assets to Other Persons
Act No. 92 / 1991 Coll., on the Conditions for Transfer of State Assets to Other Persons, as amended by Act No. 92 / 1992 Coll., Act No. 264 / 1992 Coll., Act No. 541 / 1992 Coll., Act No. 544 / 1992 Coll., Act No. 210 / 1993 Coll., Act No. 306 / 1993 Coll., Act No. 224 / 1994 Coll., Act No. 27 / 2000 Coll. and Act No. 220 / 2000 Coll., is amended as follows:
1. In Paragraph 6a (1), the words "the Ministry of National Property Management and its privatisation 'are replaced by the words" the Ministry of Finance'.
2. Paragraph 10 (8) reads as follows:
"(8) According to paragraph 7, only until the transfer of the privatized assets to the Ministry of Finance is carried out. Where the method of privatisation is the transfer of privatised assets to a trading company, paragraph 7 may be applied until the transfer of the State's shareholding in that trading company to another person. '
3. In Article 10, the following paragraph 9 is added:
"(9) The Government may, on a proposal from the Ministry, waive or amend the condition laid down in the privatisation decision which has already been implemented if the Ministry finds that this condition is not fulfilled for reasons which the acquirer of the privatized property has not caused, or the need to comply with that condition has been waived. '
4. in Article 10a (4), point (b) shall be deleted;
5. in Article 10a (1) (h), the word "Fund" shall be replaced by the words "Ministry on behalf of the State."
6. Paragraph 10a (6) reads as follows:
"(6) In the privatisation decision approving the privatisation project for participation, it may be stipulated that the beneficiaries will be sold or the property for which they have been entitled under special legislation2). This decision shall be provided by the Ministry which, on behalf of the State, exercises shareholders' rights in the relevant public limited liability company (4d). '
7. The heading of Part Three reads:
"Use of privatized assets."
8. In Paragraph 11 (1), the word "Fund 'is replaced by the word" Ministry'.
9. Paragraph 11 (2) reads as follows:
"(2) On the date of cancellation of the undertaking or the date on which part of the assets of the undertaking are set aside, the founder shall transfer the assets of the company or part thereof to the Ministry. ';
10. In Article 11 (5), the words "on the date designated by the Fund, such holdings in the Fund 'are replaced by" on the date specified in this Decision, such holdings in the Ministry'.
11. in Paragraph 12 (1), "Property of the Fund" is replaced by "Privatized property."
12. in Article 12 (2), in the introductory part of the text, the words "Property of the Fund" shall be replaced by the words "Privatized property."
13. in Article 12 (3), the words "the assets of the Fund" shall be replaced by the words "privatized assets."
14. in Paragraph 12 (4), the words "Property of the Fund" shall be replaced by the words "Privatized property."
15. in Article 14 (1) and (2), the word "Fund" is replaced by the word "Ministry."
16. Article 14a is deleted.
17. in Article 15, paragraph 3 is deleted;
18. In Paragraph 19 (1), the word "Fund 'is replaced by the words" State on whose behalf the Ministry acts'.
19. in Paragraph 19 (5), the words "towards the Fund" shall be replaced by the words "towards the State."
20.
When the goods are transferred and the readmission notes are drawn up, the persons authorised to act on behalf of the undertaking on the date of the cancellation of the undertaking or the removal of part of the assets of the undertaking shall act on behalf of the undertaking, unless the Ministry decides otherwise. These persons shall be responsible to the Ministry for this activity. '.
21. Paragraph 46, including footnote 16, is deleted.
Amendment to Act No. 438 / 1991 Coll.
In Act No. 438 / 1991 Coll., amending and supplementing Act No. 500 / 1990 Coll., on the jurisdiction of the authorities of the Czech Republic in matters of State ownership transfers to other legal or natural persons, and Act No. 171 / 1991 Coll., on the jurisdiction of the authorities of the Czech Republic in matters of State property transfers to other persons and on the National Property Fund of the Czech Republic, as amended by Act No. 285 / 1991 Coll., Article II is deleted.
Amendment to the Accounting Act
Act No. 563 / 1991 Coll., on Accounting, as amended by Act No. 117 / 1994 Coll., Act No. 227 / 1997 Coll., Act No. 492 / 2000 Coll., Act No. 353 / 2001 Coll., Act No. 575 / 2002 Coll., Act No. 437 / 2003 Coll. and Act No. 257 / 2004 Coll., is amended as follows:
1. in Paragraph 4 (8) (k):
"(k) the procedure for the inclusion of entities in a consolidation whole, for each group of entities and for the Land Fund of the Czech Republic."
2. In Paragraph 18 (1) (b), the words "National Property Fund of the Czech Republic 'are deleted.
Amendment to Act No. 42 / 1992 Coll.
In Article 18 of Act No. 42 / 1992 Coll., on the modification of property relations and settlement of property rights in cooperatives, as amended by Act No. 144 / 1999 Coll. and the Constitutional Court's finding published under No. 3 / 2000 Coll., paragraph 3 reads as follows:
"(3) In the event of the disappearance of the cooperative within 10 years, the amount transferred in transition to the indivisible fund of the cooperative shall be transferred to the Ministry of Finance and shall be used to support cooperative business under special legislation. '.
Amendment to Act No. 162 / 1992 Coll.
In Act No. 162 / 1992 Coll., on the Jurisdiction of the Bodies of the Czech Republic in Implementation of Act No. 403 / 1990 Coll., on the Reduction of the Consequences of Certain Property Injury, as amended by Acts No. 458 / 1990 Coll., No. 528 / 1990 Coll. and No. 137 / 1991 Coll., as amended by Act No. 320 / 2002 Coll., Section 8 reads:
The proceeds from the sale of items acquired by the Czech Republic in accordance with § 23a are 80% of the revenue of the state budget and 20% of the budget of the municipality and the capital of Prague of the city district in whose territory the case is located. "
Amendment of the Conflict of Interest Act
Act No. 238 / 1992 Coll., on certain measures relating to the protection of the public interest and on the incompatibility of certain functions (Act on Conflict of Interest), as amended by Act No. 287 / 1995 Coll., Act No. 228 / 1997 Coll., Act No. 15 / 2002 Coll. and Act No. 96 / 2005 Coll., is amended as follows:
1. In the first sentence of Paragraph 2 (5), the words, "The National Property Fund of the Czech Republic or both," shall be deleted.
2. in Article 12a (1) (b), the words "National Property Fund of the Czech Republic" shall be deleted;
Amendment to Act No. 282 / 1992 Coll.
In Act No. 282 / 1992 Coll., amending and supplementing Act No. 500 / 1990 Coll., on the jurisdiction of the authorities of the Czech Republic in matters of State ownership transfers to other legal or natural persons, as amended by Act No. 438 / 1991 Coll., and Act No. 171 / 1991 Coll., on the jurisdiction of the authorities of the Czech Republic in matters of State property transfers to other persons and on the National Property Fund of the Czech Republic, as amended, Article II shall be deleted.
Amendment of the Real Estate Tax Act
Act No. 338 / 1992 Coll., on Real Estate Tax, as amended by Act No. 315 / 1993 Coll., Act No. 242 / 1994 Coll., Act No. 248 / 1995 Coll., Act No. 65 / 2000 Coll., Act No. 492 / 2000 Coll., Act No. 239 / 2001 Coll., Act No. 483 / 2001 Coll., Act No. 576 / 2002 Coll., Act No. 237 / 2004 Coll. is amended as follows:
1. In Paragraph 3 (2) (c), the words "to the National Property Fund of the Czech Republic 'are replaced by the words" to the Ministry of Finance on the basis of the privatisation decision'.
2. in Paragraph 4 (1) (d), the words "or transferred under special legislation to the National Property Fund of the Czech Republic," including footnote 7, are deleted.
3. Paragraph 8, including the title, reads:
Taxpayers
(1) The tax payer is the owner of the building, apartment or separate non-residential space.
(2) If the construction, apartment or separate non-residential area is owned by the State, it is a taxpayer
(a) an organisational component of the state4a) or a state organisation established under specific legislation4b);
(b) a legal person who has turned the right of permanent use into a loan under special legislation (4a).
(3) In the case of construction, apartment or separate non-residential space managed by the Land Fund of the Czech Republic or by the Administration of State tangible reserves, these entities are liable.
(4) If it is a building or a separate non-residential space, with the exception of the construction of a residential building, managed by the Land Fund of the Czech Republic, by the Administration of State tangible reserves or transferred to the Ministry of Finance on the basis of a privatisation decision that is leased, the tenant is liable to tax.
(5) In the case of construction, apartment or separate non-residential premises, where several entities have the right of ownership, the right of rental or the right of permanent use, the latter has been converted into a loan under special legislation (4a) or are responsible for the management of State property under special legislation4b), those entities shall pay the tax jointly and severally. '
4. In Paragraph 9 (1) (d), the words "or transferred under a special law to the National Property Fund of the Czech Republic 'are deleted.
Amendment of the Income Tax Act
Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 99 / 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 99 / 2004, Act No. 99 / 2001, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 99 / 1999, Act No. 2000, Act No. 99 / 1999, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 99 / 1999, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 99, Act No. 99 / 1999, Act No. 2000, Act No. 2000 Coll.
1. In Paragraph 18 (9), the words "National Property Fund of the Czech Republic18) and" including footnote 18 are deleted.
2. in Article 25 (1) (w), the words "to the National Property Fund 18)" shall be deleted;
Amendment to the Supreme Audit Office Act
In Article 3 of Act No. 166 / 1993 Coll., on the Supreme Audit Office, as amended by Act No. 58 / 1995 Coll., Act No. 296 / 1995 Coll., Act No. 132 / 2000 Coll., Act No. 220 / 2000 Coll., Act No. 239 / 2001 Coll., Act No. 127 / 2002 Coll. and Act No. 282 / 2002 Coll., paragraph 5, including footnote 1, is deleted.
Amendment to Act No. 210 / 1993 Coll.
In Article IV of Act No. 210 / 1993 Coll., amending and supplementing Act No. 92 / 1991 Coll., on the Conditions for the Transfer of State Assets to Other Persons, as amended by Act No. 92 / 1992 Coll., Act No. 264 / 1992 Coll., Constitutional Act No. 541 / 1992 Coll. and Act No. 544 / 1992 Coll., Act No. 171 / 1991 Coll., on the Jurisdiction of the Bodies of the Czech Republic on Transfers of State Property to Other Persons and on the National Property Fund of the Czech Republic, as amended by Act No. 285 / 1991 Coll., Act No. 438 / 1991 Coll., Act No. 569 / 1991 Coll., and Act No. 265 / 1992 Coll., as amended by Act No. 265 / 1992 Coll.
Amendment to Act No. 224 / 1994 Coll.
In Act No. 224 / 1994 Coll., amending and supplementing Act No. 92 / 1991 Coll., on the Conditions for the Transfer of State Assets to Other Persons, as amended by Act No. 92 / 1992 Coll., Act No. 264 / 1992 Coll., Constitutional Act No. 541 / 1992 Coll., Act No. 544 / 1992 Coll., Act No. 210 / 1993 Coll. and Act No. 306 / 1993 Coll., Act No. 171 / 1991 Coll., Act No. 74 / 1994 Coll., Act No. 117 / 1994 Coll., Act No. 166 / 1994 Coll., Act No. 109 / 1994 Coll., Act No. 117 / 1992 Coll.
Amendment to Act No. 135 / 1996 Coll.
In Act No. 135 / 1996 Coll., implementing certain measures in the system of central government bodies of the Czech Republic and amending and supplementing Act No. 2 / 1969 Coll., on the establishment of ministries and other central government bodies of the Czech Socialist Republic, as amended, and amending Act No. 171 / 1991 Coll., on the jurisdiction of the authorities of the Czech Republic in respect of transfers of State assets to other persons and on the National Property Fund of the Czech Republic, as amended, Article III is hereby repealed.
Amendment of the Act on the State Fund for Transport Infrastructure
Act No. 104 / 2000 Coll., on the State Fund for Transport Infrastructure and amending Act No. 171 / 1991 Coll., on the Jurisdiction of the Bodies of the Czech Republic on Transfers of State Assets to Other Persons and on the National Property Fund of the Czech Republic, as amended, as amended by Act No. 482 / 2004 Coll., is amended as follows:
1. in Paragraph 4 (1) (a):
"(a) transfers of income from privatized assets which are the income of the Czech Republic and with which the Ministry of Finance is responsible,"
2. Part two is deleted.
Amendment to the Act on State Housing Development
In Act No. 211 / 2000 Coll., on the State Housing Development Fund and amending Act No. 171 / 1991 Coll., on the jurisdiction of the authorities of the Czech Republic in the case of transfers of State property to other persons and on the National Property Fund of the Czech Republic, as amended, the second part is deleted.
Amendment of the Act on the Czech Consolidated Agency
Act No. 239 / 2001 Coll., on the Czech consolidation agency and on the amendment of certain laws, as amended by Act No. 15 / 2002 Coll., Act No. 126 / 2002 Coll., Act No. 257 / 2004 Coll. and Act No. 482 / 2004 Coll., is amended as follows:
1. in Paragraph 15 (f):
"(f) proceeds from the sale of privatized property, which is the income of the Czech Republic and with which the Ministry is responsible."
2. Part nine is deleted.
Amendment to Act No. 15 / 2002 Coll.
In Act No. 15 / 2002 Coll., amending Act No. 238 / 1992 Coll., on certain measures relating to the protection of the public interest and on the incompatibility of certain functions (Act on Conflict of Interest), as amended, and certain other laws, Part Two is deleted.
Amendment to Act No. 320 / 2002 Coll.
In Act No. 320 / 2002 Coll., on the amendment and repeal of certain laws in connection with the termination of the activities of the district authorities, Part Six is deleted.
Amendment to Act No. 480 / 2003 Coll.
In Act No. 480 / 2003 Coll., amending Act No. 171 / 1991 Coll., on the Jurisdiction of the Bodies of the Czech Republic on Transfers of State Assets to Other Persons and on the National Property Fund of the Czech Republic, as amended, Act No. 219 / 2000 Coll., on the Property of the Czech Republic and its Presence in Legal Relations, as amended, Act No. 229 / 2001 Coll., amending Act No. 219 / 2000 Coll., on the Property of the Czech Republic and its Presence in Legal Relations, as amended, Act No. 492 / 2000 Coll., and Act No. 77 / 1997 Coll., on State Enterprise, as amended, Part One is deleted.
Amendment to Act No. 293 / 2004 Coll.
In Act No. 293 / 2004 Coll., amending Act No. 77 / 2002 Coll., on the Civil Society of the Czech Railways, the State Organisation of the Railway Infrastructure Administration and amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 77 / 1997 Coll., on the State Company, as amended, as amended, as amended, as found by the Constitutional Court under Act No. 83 / 2003 Coll. and Act No. 179 / 2003 Coll., and Act No. 171 / 1991 Coll., on the jurisdiction of the authorities of the Czech Republic in matters of transfers of assets to other persons and on the National Property Fund of the Czech Republic, as amended, the second part is deleted.
Amendment of the Excise Tax Act
Act No. 353 / 2003 Coll., on Consumer Taxes, as amended by Act No. 429 / 2003 Coll., Act No. 313 / 2004 Coll., Act No. 558 / 2004 Coll. and Act No. 693 / 2004 Coll., is amended as follows:
1. In Paragraph 92 (1), "1 000 'is replaced by" 2 000'.
2. In Paragraph 97 (3), "1000 'is replaced by" 2 000'.
Amendment of the Vineyard and Wine Act
Act No. 321 / 2004 Coll., on wine-growing and wine-growing and amending certain other laws (the Law on wine-growing and wine-growing) is amended as follows:
1. In the second sentence of Article 31 (2), the words "and State support 'shall be inserted after the words" contribution'.
2. At the end of Paragraph 31 (6), the sentence "The public administration shall be exercised by the Council, its President and the Director. In addition to the renewal of the appeal procedure under the special laws, the President of the Council shall decide and the provisions of the Head of the Central Administrative Office shall apply mutatis mutandis. ';
3. Paragraph 31 (10) is deleted.
4. In Paragraph 32 (1), in the second sentence after the word "Council ', the words" who are Members, Senators, Members of the Government, Heads of Central Administrative Office or on whom a special law so provides' are inserted.
5. In the third sentence of Article 34 (1), the words "who are Members, Senators, Members of the Government, Heads of the Central Administrative Office, Judges or on whom a special law so provides shall be inserted after the word" Council. "
6. in Paragraph 34 (2), point (c) shall be deleted;
Points (d) to (k) shall be renumbered (c) to (j).
7. In Paragraph 34 (2) (j), the words "draft rules of organisation 'are replaced by the words" organisational rules'.
8. In the fourth sentence of Paragraph 34 (4), the word "four years' is replaced by the word" five years'.
9. In Article 35 (1) (c), the words "State financial support (" State support ") 'are replaced by the words" State support' and the words "financial 'are inserted after the words" in'.
10. in Article 35 (1) (k), the words "levies fixed" shall be replaced by the words "levies or State aid fixed," after the word "due," the words "levy" shall be deleted, the words "double levy" shall be replaced by "double levy or State aid" and the words "producer" shall be inserted after the word "State."
11. in Article 35 (3), the following sentence shall be added: "The State shall likewise proceed to the payment of State aid."
12. In the first sentence of Paragraph 35 (4), the words "provided for by implementing legislation 'shall be deleted and the second sentence shall read:" The model shall be laid down by the Fund as an annex to the rules of organisation, shall be published remotely and circulated to the municipal authorities of the wine-growing communities.'.
13. in Paragraph 35 (9), the words "and State aid" shall be inserted after the words "levies."
14. in § 42 (1), the comma and the following words "§ 31 (10) and § 35 (4)" shall be deleted;
Transitional provision
Contents
ČÁST PRVNÍ
Čl. I
ČÁST DRUHÁ
Čl. II
ČÁST TŘETÍ
Čl. III
㤠21
ČÁST ČTVRTÁ
Čl. IV
ČÁST ŠESTÁ
Čl. VI
ČÁST OSMÁ
Čl. VIII
ČÁST DEVÁTÁ
Čl. IX
㤠8
ČÁST DESÁTÁ
Čl. X
ČÁST JEDENÁCTÁ
Čl. XI
ČÁST TŘINÁCTÁ
Čl. XIII
㤠8
ČÁST PATNÁCTÁ
Čl. XV
ČÁST ŠESTNÁCTÁ
Čl. XVI
ČÁST SEDMNÁCTÁ
Čl. XVII
ČÁST OSMNÁCTÁ
Čl. XVIII
ČÁST DEVATENÁCTÁ
Čl. XIX
ČÁST DVACÁTÁ PRVNÍ
Čl. XXI
ČÁST DVACÁTÁ DRUHÁ
Čl. XXII
ČÁST DVACÁTÁ TŘETÍ
Čl. XXIII
ČÁST DVACÁTÁ ČTVRTÁ
Čl. XXIV
ČÁST DVACÁTÁ PÁTÁ
Čl. XXV
ČÁST DVACÁTÁ ŠESTÁ
Čl. XXVI
ČÁST DVACÁTÁ OSMÁ
Čl. XXVIII
ČÁST TŘICÁTÁ PRVNÍ
Čl. XXXII
ČÁST TŘICÁTÁ DRUHÁ
Čl. XXXIII
Čl. XXXIV
ČÁST TŘICÁTÁ ČTVRTÁ
Čl. XXXVI
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Regulation Information
| Citation | Act No. 179 / 2005 Coll., amending certain laws in connection with the adoption of the Act on the abolition of the National Property Fund of the Czech Republic |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.2005 |
|---|---|
| Effective from | 01.01.2006 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Banking, Money
Securities
Taxes
Transport
Finance
Economic (State)
Power of executive and government authorities
Power of legislative and parliamentary procedure
Wages, salaries, wages, compensation
Civil law
Civil law substantive
Commercial law
Trade Register
Commercial companies
Commercial liabilities
Labour law
Land, Land
Budget
Administration of state (national) property
Administrative authorities
Administrative law
Administrative procedure
State (official) control
Accounting
Constitutional (state) law
The regulation text is for informational purposes only.
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