Act No. 200 / 1946 Coll.
Law on certain measures in the field of commercial and social law
Valid
Effective from 08.11.1946
200.
Law
of 3 October 1946
on certain measures in the field of commercial and social law.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
The cleansing of business and social records.
(1) If the German version of the company, registered at the time of the non-freedom, is removed, the application may not be made in the form of a judicial or notarized document, even if it is also requested to be registered in the Czech or Slovak language.
(2) In the case of a public limited company, a limited liability company or a profitable and economic community, there is no need to save the requirements laid down for amending the statutes in the proposal referred to in paragraph 1. However, if the court conforms to the application, the statutes shall be amended accordingly.
(1) The concessions allowed in Paragraph 1 apply mutatis mutandis if, for other entries in the trade or social register which have also been carried out at the time of infreedom, the German version has also been deleted, or if only the German versions of such other entries have been replaced by the Czech or Slovak versions.
(2) Such other entries, if they have also been carried out in German at the time of infreedom, may be deleted by the courts, referring to this law, and by official authority in the ordinary course of the proceedings.
(1) Commercial companies and profitable and economic communities are required, no later than two months after the date of the entry into force of this Act, to comply with the verbal corrections or adjustments to the social (social) contracts required to remove reminders of the period of infreedom. In addition, their closer administrative bodies (members personally liable, board of directors, managers, liquidators) or national administrators of the provisions according to the decree of the President of the Republic of 19 May 1945, No 5 Coll., on the nullity of certain property-law negotiations from the time of infreedom and on the national administration of the property values of Germans, Hungarians, traitors and collaborators, and of certain organisations and institutes; If it is a body composed of several physical persons, it shall be decided by a simple majority and, in the event of a tie, a resolution is adopted for which the President voted.
(2) Amendments to the Statutes necessary under paragraph 1 may be decided by the body of the company (s) in force even if such an object of the resolution has not been announced in advance on the agenda of its meeting, otherwise the law or the statutes shall prescribe it.
(3) The legal provisions under which amendments to social and social agreements are required by State approval, a form of notarial act or any more stringent formalities than the written form need not be taken into account in the changes to which they have to make pursuant to paragraph 1.
(4) Compliance with the obligation referred to in paragraph 1 may be enforced by the Registry Court in the participants by order of order pursuant to Article 12 of the Law of 17 December 1862, No 1 of 1863, which refers to the Commercial Code.
About the acquisitions of companies and profitable and economic communities and about the concessions of their resolution.
Commercial companies and profitable and economic communities, which, under pressure from the enemy occupation, have agreed to abolish or have been abolished and liquidated, but have not yet completely divided their wealth among the members, may decide to withdraw their annulment. Such resolutions shall apply mutatis mutandis to the legal provisions and to the provisions of social (social) agreements on voluntary cancellation and entry into liquidation, even if the measures of the Office have been repealed and disposed of; However, the resolution requires the approval of the Ministry for which the company (the profitable and economic community) belongs according to the subject matter of its business. If such a resolution is accompanied by a resettlement, the Ministry shall hear the settlement office.
If a commercial company or a profitable and economic community has heard of changes pursuant to Paragraph 4, the registry court may not refuse the registration of such changes in the commercial or social register on the grounds that the body whose resolution is required has not been convened in accordance with the manner laid down by the social (social) contract, unless the appellants certify that such a call could not be made and that all the members of the institution have been invited to the meeting by a recommendation to the address of the latter or the appellants otherwise known to them.
(1) In the absence of a joint-stock company, a limited-liability company or a profitable and economic community in a position to convene a general meeting in a manner laid down by a social (social) contract, the Registry Court shall, on a proposal from the authority authorised to convene a general meeting, appoint a replacement method for calling a general meeting; ensure, on the one hand, the suitability and efficiency of the company and, on the other hand, the interest that the largest part of the members of the company (the profitable and economic community) may be informed of the assembly of the general meeting and its programme without any particular difficulty; if it is a company whose statutes may be amended only by a state approval, it shall obtain before its decision the opinion of the authority responsible for granting the approval.
(2) It shall also be on the agenda of the next general meeting convened in accordance with the alternative procedure referred to in paragraph 1, where necessary, to announce an amendment to the provisions of the Statutes on the way in which the general meeting is convened. If this amendment is not so or is not accepted, the judgment of the court referred to in paragraph 1 shall enter the place of the relevant provisions of the social (social) contract.
(3) If the Registry Court conforms to the application referred to in paragraph 1 and the conditions laid down in paragraph 2 are given, sentence 2, it shall also record its statement in the Commercial Register.
Service for enterprises to which national administration has been established.
If a national administration has been introduced into a company registered in a commercial or social register and a corps has been designated as the national administrator (§ 17, paragraph 2 of Decree of the President of the Republic No. 5 / 1945 Coll.), it is sufficient that the delivery of subpoenas and other official and commercial consignments to that undertaking to the hands of a member of that corps is sufficient.
Exemption from charges and abandonment of certain decrees.
Submission and registration pursuant to § § 1 to 3 of this Act are free of charges.
By way of derogation from the provisions of Article 13 of the General Commercial Code, issued by Law No 1 / 1863, and § 7, paragraph 2 of the Law of 9 April 1873, No 70, on profitable and economic communities, the following shall not be declared:
1. entries made in the Commercial (Social) Register pursuant to § § § § 1 to 3 of this Act, unless they are registered in the Czech or Slovak language pursuant to § 1, paragraph 1;
2. remarks and erasures of temporary national administrations in the register of communal according to § 12 of Decree President of the Republic No. 5 / 1945 Coll.;
3. the entries and deletions required in the Commercial and Social Register for the implementation of Section 8 of the Decree of the President of the Republic of 19 September 1945, No. 79 Coll., on the provisional regulation of the judiciary in the Czech and Moravian-Silesian countries.
Repeal of the applicability of certain provisions from the period of infreedom.
The applicability of:
1. Ordinance of the Reichsminister of Justice of 20 October 1943, Reich Zázák. I, p. 573, on the limitation of trade laws during war;
2. Government Decree of 27 December 1943, No. 317 Coll., on the limitation of commercial laws during the war, as amended by the Order of the Minister of Justice of 7 October 1944, No. 228 Coll., on measures in the field of private law;
3. Article I of the Order of the Minister of Justice of 3 March 1944, No 72 Coll., on the Conventions and Restrictions of General Gathering and Members Assembly of Earnings and Economic Communities.
Final provision.
This Act takes effect on the day of its publication and applies in the Czech and Moravian-Silesian countries; It shall be carried out by the Ministers for Justice, Foreign Trade, Interior, Finance, Industry, Agriculture, Internal Trade and Nutrition.
Dr Beneš v. r.
Gottwald v. r.
Dr Drtina v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr Dolansky v. r.
Laušman v. r.
Děuriš v. r.
Wasted v. r.
Majer v. r.
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Regulation Information
| Citation | Act No. 200 / 1946 Coll., on certain measures in the field of commercial and social law |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.11.1946 |
|---|---|
| Effective from | 08.11.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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