Act No. 211 / 2000 Coll.
Act on State Fund for Investment Support
Valid
Law
Effective from 21.07.2000
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211
THE LAW
of 21 June 2000
on the State Fund for Investment Support
Parliament has decided on this law of the Czech Republic:
STATE FUND FOR INVESTIC AID
Basic provisions
(1) A State Investment Support Fund with its head office in Prague (hereinafter referred to as the Fund) is hereby established. The purpose of the Fund and its public mission is to promote sustainable development of municipalities, cities and regions, housing and tourism in accordance with public interest and concepts, strategic documents, programmes and other documents approved by the Government of the Czech Republic. The Fund also provides for the collection of cash contributions from travel agencies to the guarantee fund of travel agencies and the payment of funds from that fund under the law governing certain conditions of business and the pursuit of certain tourism activities.
(2) The Fund is a legal person under the responsibility of the Ministry of Regional Development (hereinafter referred to as the Ministry).
(3) The Fund manages state-owned property (7), with its own property and with other persons's property.
(4) The Fund's own assets are acquired
(a) acceptance of the designated property from the State or other persons;
(b) from their own activities.
(5) The Fund may set up a legal entity or acquire a holding in a legal entity.
(6) The Fund's resources to promote sustainable development of municipalities, cities and regions may be transferred by the Fund to urban development funds in accordance with directly applicable European Union8).
(7) The Fund may acquire securities or book-entry securities.
(8) Under a public contract concluded with the Czech Republic, the Fund may carry out control activities in the field of compliance with the conditions for the provision of services of general economic interest to which the Ministry would otherwise be entitled. Such a public contract shall not require the approval of the superior administrative authority.
Revenue from the Fund
(1) The revenue of the Fund shall consist of:
(a) subsidies and repayable financial assistance from the State budget;
(b) income from bonds issued;
(c) bond yields purchased in accordance with this law;
(d) instalments of loans granted, including accessories;
(e) interest on deposits, periodic penalty payments, claims and other payments received in connection with the use of the Fund;
(f) revenue from public collections organised by the Fund, gifts and heritage for the benefit of the Fund;
(g) European Union funds;
(h) loans and loans received;
(i) repayments of loans granted to municipal funds for the repair, modernisation and expansion of housing and urban development funds;
(j) transactions under public contracts concluded between the Czech Republic and the Fund;
(k) income from participation in legal entities;
(l) other revenue, where provided for in a special law.
(2) Bonds issued to secure the revenue of the Fund are issued under special legislation1).
Use of the Fund
(1) The funds managed by the Fund can only be used in the Czech Republic for support
(a) the development of housing for the purpose of:
1. acquisition of immovable property intended for the construction or modernisation of an apartment or an apartment building and related housing infrastructure;
2. the construction, acquisition, repair and modernisation of an apartment or a house or family house and the construction or modernisation of related housing infrastructure;
3. financing of the remuneration to the selected supplier under the Act on Public Procurement for the operation and maintenance of affordable and social housing,
4. acquisition of a holding in a legal person with whom the right to rent an apartment or a family home is linked, owned by that legal person,
5. acquisition of apartment equipment,
6. the provision of a long-term vacant flat for hire or hire,
(b) the development of public infrastructure with a view to its construction, repair or modernisation;
(c) construction, repair or modernisation of buildings used for the provision of services in the public interest, including the acquisition of their equipment;
(d) revitalisation of the area with an old construction load;
(e) development of tourism regions;
(f) urban planning, architecture and urban planning for the purpose of:
1. processing of planning documentation or planning documents;
2. the implementation of measures resulting from the territorial development policy (10),
3. implementation of architectural and urban competitions;
(g) the preparation of the land, including the removal of the construction or processing of documentation for the authorisation of the project for the projects referred to in points (a) (2) and (3) and points (b) to (e);
(h) legal, technical or economic advice for the processing of procurement conditions under the Public Procurement Act and for the organisation of procurement procedures under the Public Procurement Act for projects under points (a) (2) and (b) to (e).
(2) The funds managed by the Fund may also be used:
(a) to purchase covered bonds;
(b) purchase of bonds issued by the Czech National Bank;
(c) to purchase government bonds;
(d) to pay the debts arising from the guarantee provided;
(e) to cover liabilities arising from bonds issued;
(f) to cover the costs associated with the administration and activities of the Fund;
(g) to cover the costs of providing the funds referred to in paragraph 1;
(h) to cover the costs of supporting information and consulting activities in the areas of housing, tourism and the sustainable development of municipalities, cities and regions;
(i) to cover transactions relating to the acquisition or ownership of a holding in a legal person;
(j) purchase of bonds issued by Member States of the European Union or by other States constituting the European Economic Area, Member States of the Organisation for Economic Cooperation and Development, securities and bonds issued by central banks of those States and bonds issued by the European Investment Bank;
(k) to cover instalments, interest and other expenditure on loans, loans and repayable financial assistance received.
(3) The activities related to the function of the Fund, with the exception of the grant provided for in paragraph 1, may be entrusted by the Fund to another legal person selected under the Public Procurement Act.
(4) The Fund's assets may not fall below CZK 6 billion in the fund's economy. The balance of the Fund's funds shall be transferred to the following calendar year at the end of the calendar year.
(5) Aid under this Act may be granted in the form of a grant, loan or guarantee. Guarantee support may be granted only for part of the outstanding principal of loans granted by credit institutions for support under paragraph 1 (a) (1) and (2).
(6) If it is a repayable financial assistance received by the Fund for the purpose of granting loans, the provider may, in the decision granting the repayable financial assistance, provide that, together with the repayment of the principal, the Fund shall also transfer to the State budget the interest it has received on the loans granted.
Creation and use of funds of the cultural and social needs fund
The Fund may set up a fund of cultural and social needs, the production and management of which shall be subject mutatis mutandis to the provisions of special legislation2b.
(1) The institutions of the Fund decide on the use of the Fund in accordance with the approved budget of the Fund.
(2) Details of the activities of the Fund, the relations between its institutions and its internal organisation are laid down in the Statute of the Fund, approved by the Government on a proposal from the Minister for Local Development (hereinafter referred to as the Minister).
(3) In assessing local and regional investment support needs, the Fund's authorities shall cooperate with the municipalities and regions themselves.
(4) The funds provided by the Fund must be refunded to the Fund if they have not been used in accordance with the purpose for which they were provided, or if there is no justification for their granting.
(5) In order to verify the data provided to the Fund by the applicant and the recipient of the funds, the Fund shall be provided free of charge with respect to the cadastral data by means of remote access.
Information system
(1) The information system of the State Investment Support Fund (hereinafter referred to as the Information System) is a public administration information system, the fund's administrator. The information system is used for:
(a) submission of applications for aid;
(b) submission of payment applications, change reports and other actions related to the granting of aid;
(c) service of documents relating to the granting of aid under this Act to the applicant or the beneficiary;
(d) preparation, planning, management, monitoring and reporting and evaluation of the aid during its implementation;
(e) planning and managing the control of the aid granted;
(f) information on the commitments of the beneficiary.
(2) The user accesses the information system using a guaranteed identity access.
(3) The submission of an application for aid can only be made through an information system.
(4) If the document cannot be delivered to the data box, the Fund shall deliver the document by means of an information system, provided that the document referred to in paragraph 1 (c) and (f) is deemed to have been received at the time when the applicant or the person authorised by it enters the information system, having regard to the scope of his authorisation within the information system, has access to the document. If, within 10 days of the date on which the document was inserted into the information system, the applicant or his authorised person has not entered the information system, the document shall be deemed to have been served on the last day of that period; This does not apply if other legislation excludes replacement delivery.
Budget and accounts of the Fund
(1) The Fund shall draw up a draft budget for each calendar year, which shall be submitted by the Minister to the Government by 31 August at the latest. The Government shall submit a draft budget of the Fund following any changes made to it, together with a draft state budget for the same year for approval by the Chamber of Deputies. The Fund shall set out in its draft budget its total expenditure as the amount notified to it by the competent administrator of the chapter under a special law. (2a)
(2) If the Fund's budget for the relevant calendar year is not approved by the Chamber of Deputies before the first day of that calendar year, its budget management shall be governed by the volume and breakdown of the Fund's revenue and expenditure in the preceding year from the first day of that calendar year until the adoption of the budget for that year. Expenditure in this period shall be made available under the various headings of the Fund's budget of one twelfth of the total annual amount for each month of that period.
(3) After the end of the calendar year, the Fund shall draw up, on the balance sheet date, the financial statements submitted by the Minister to the Government, together with the annual report on the Fund's activities, and by 31 March of the current calendar year, for approval to Parliament's Chamber of Deputies. The accounts of the Fund drawn up at the balance sheet date must be audited by the auditor before submission to the Government.
(4) The Fund shall keep accounts according to the Accounting Act.
(5) The Fund has separate management costs in its accounts, including the remuneration of members of the Committee and the Supervisory Board of the Fund. In this way, this expenditure shall also be shown as separate appropriations under the Fund's budget for the year in question.
(6) The Fund Committee, acting on a proposal from the Director of the Fund, may approve, during a calendar year, the necessary transfers between the various appropriations for the Fund's budget, provided that such transfers do not exceed 5% of the total expenditure provided for by the Fund's approved budget for the relevant calendar year. Further or higher transfers shall be approved by the Chamber of Deputies Committee, which shall be responsible for regional development, on a proposal from the Minister.
Institutions of the Fund
(1) The institutions of the Fund are the Fund Committee (hereinafter referred to as the Committee), the Supervisory Board of the Fund (hereinafter referred to as the Supervisory Board) and the Director of the Fund (hereinafter referred to as the Director).
(2) The Committee has 7 members and consists of 4 representatives of the Ministry, a representative of the Ministry of Finance, a representative of the Ministry of Industry and Trade and a representative of the local authorities. The Chair of the Committee shall be the Minister. The Vice-President and five other members of the Committee shall be appointed and dismissed by the Government on a proposal from the Minister. Their term of office is four years. A member of the Committee may be dismissed:
(a) has seriously infringed the obligations arising from his duties;
(b) where he has been lawfully convicted of an intentional offence,
(c) if, for reasons relating to its party, it is unable to perform its duties for a period exceeding six months,
(d) in other justified cases.
(3) The Chairman of the Committee shall direct the work of the Committee. The proceedings of the Committee shall be governed by the Rules of Procedure, which shall be approved by a resolution of the Committee.
(4) The Committee shall discuss matters which are the subject of the Fund's activities and shall submit to the Minister:
(a) the draft budget of the Fund;
(b) the accounts of the Fund drawn up at the balance sheet date and the annual activity report of the Fund for the calendar year in question;
(c) the draft Statute of the Fund and the draft amendments thereto.
(5) The Director is the statutory body of the Fund and its staff. The Director shall be appointed Minister. The Director shall in particular:
(a) implement the decisions and other measures approved and discussed by the Committee;
(b) manage the activities of the Fund and the work of the staff of the Fund.
(6) The Supervisory Board shall be the supervisory body of the Fund. The Supervisory Board shall monitor the operation and management of the Fund and its bodies and shall approve the accounts of the Fund. The Supervisory Board has five members. The members of the Supervisory Board are elected and withdrawn by the Chamber of Deputies of the Parliament of the Czech Republic. The term of office of the members of the Supervisory Board shall be four years. A member of the Supervisory Board may be dismissed
(a) has seriously infringed the obligations arising from his duties;
(b) where he has been lawfully convicted of an intentional offence,
(c) if, for reasons relating to its party, it is unable to perform its duties for a period exceeding six months,
(d) in other justified cases.
(7) The Supervisory Board shall elect a Chairperson and a Vice-Chair from among its members. The Supervisory Board shall act by a vote. The choice is made or the resolution is adopted if at least three members of the Supervisory Board vote for them. The proceedings of the Supervisory Board shall be governed by the Rules of Procedure approved by the Supervisory Board by the Resolution.
(8) The Supervisory Board shall immediately inform the Minister of the serious deficiencies identified in the operation and management of the Fund.
Conflict of interest
(1) The exercise of the function of a member of the Committee or of a member of the Supervisory Board shall be incompatible with the function of the Director of the Fund, with an employment relationship or any other similar relationship with the Fund, or with membership in the management or supervisory body of a legal person who has been granted support from the Fund or who has requested support from the Fund or who will be contractually involved in the implementation of the purpose for which the aid is requested or has been granted.
(2) A member of the institution of the Fund and of the staff of the Fund may not participate in the business of natural and legal persons who have received aid from the assets of the Fund or who are applying for aid from the assets of the Fund or who are not employed in a basic employment relationship, employment relationship or other similar relationship for such natural and legal persons.
(3) The Ministry or the Fund shall be entitled to require a person to give a benefit if he has received it in connection with a breach of obligations under paragraph 1 or 2. This is without prejudice to the right to compensation.
(1) The exercise of membership of the Committee or the Supervisory Board of the FUND is an obstacle to work because of the public function under Section 201 of the Labour Code. The members of the Committee and the members of the Supervisory Board shall be entitled to reimbursement of travel expenses relating to the performance of their duties to the same extent as the staff of the Fund.
(2) The amount of remuneration associated with the performance of the duties of a member of the Committee and a member of the Supervisory Board of the Fund shall be determined by the Government by a resolution.
(1) The conditions for granting aid by the Fund are decided by the Committee with the approval of the Government. The Minister shall submit to the Committee a draft of the conditions for granting aid for the purposes set out in Articles 3 (1) and 3 (2) (d) and (f). The conditions for granting the aid may include targeting the aid. In the area of housing, aid is targeted mainly at young people, lower-income households, disadvantaged persons in access to housing, or persons at risk of social exclusion.
(2) The conditions for granting aid in the form of credit include at least:
(a) the purpose of the credit;
(b) determining the range of the beneficiaries of the credit;
(c) the amount of the credit or the rules for determining it;
(d) the amount of the interest rate or the rules governing its determination;
(e) the conditions for granting and using credit;
(f) details of the credit application;
(g) the method of securing the credit; and
(h) the maturity of the credit.
(3) The conditions for granting aid in the form of grants include at least:
(a) the purpose of the subsidy or the purpose of the loan for whose interest the subsidy is granted;
(b) setting out the range of beneficiaries of the subsidy;
(c) the amount of the subsidy or the rules for determining it;
(d) the conditions for granting and applying the subsidy; and
(e) the details of the application for the subsidy.
(4) The conditions for granting aid in the form of guarantees shall include at least:
(a) the purpose of the loan guaranteed by the guarantee;
(b) the setting of a range of loan recipients whose credit may be secured;
(c) the extent of the guarantee or the rules governing its determination;
(d) the manner in which the commitments of the beneficiary referred to in (b) to the Fund are secured; and
(e) the particulars of the application for guarantee of the loan.
Provision of aid
(1) The Fund shall publish a call for applications for aid on its website for at least 30 days before the end of the application period. The content of the call shall be its substantive focus, the range of eligible applicants, the time limit for the submission of applications and, where appropriate, other requirements to be met by the applicant.
(2) The application for aid contains:
(a) the name and, where applicable, the name, surname, date of birth, birth number, if assigned, and place of residence, if the recipient is a natural person and if the natural person is an entrepreneur, also the identification number;
(b) the name, address and identification number where the applicant is a legal person; and
1. the identification of the person acting on his behalf, indicating whether he acts as a member of the statutory body or on the basis of a mandate;
2. details of the beneficial owner of the legal person under the law governing the registration of beneficial owners; where the applicant is a foreign legal person, he shall provide evidence of his actual owner;
3. identification of all persons in which he has a holding and the amount of that holding;
(c) the amount or extent of aid required;
(d) the purpose for which the applicant wishes to use the required means;
(e) the period within which the purpose referred to in point (d) is to be achieved;
(f) identification of the call on the basis of which the application is submitted;
(g) other information necessary for the assessment of the application by the Fund.
(3) Aid shall be granted under a contract concluded between the Fund and the aid applicant.
(4) If, following an application for aid, the Fund does not conclude a contract with the applicant in accordance with paragraph 3, it shall inform the applicant in writing without undue delay of the reasons which led to the non-conclusion of the contract.
(5) The grant contract referred to in paragraph 3 shall include at least:
(a) credit conditions for the drawing, use and maturity of the loan and collateral of the loan recipient's liabilities towards the Fund;
(b) subsidies for drawing conditions and use of the subsidy;
(c) the guarantee of the term of payment of the Fund's debt arising from the performance of the guarantee and the guarantee of the beneficiary's liabilities towards the Fund.
(6) In the context of the granting of the aid referred to in Article 3 (1), the Fund shall request from the applicant the information and supporting documents necessary to assess its capacity to use the aid economically for the purpose for which it is to be granted.
(7) There is no legal claim for aid.
Control
The Fund shall be entitled to carry out a check on the accuracy of the data provided in the applications submitted to the Fund and on compliance with the conditions for granting and drawing the Fund's funds under the Financial Control Act.
The Government shall appoint members of the Committee and the Chamber of Deputies shall elect members of the Supervisory Board in such a way that these bodies of the Fund may be established no later than 3 months after the date of entry into force of this Act.
(1) The Fund publishes information on funds or guarantees provided as open data within the meaning of the Special Act (9), to the extent that:
(a) the name and surname of the consignee;
(b) the identification number of the person of the consignee, if assigned;
(c) the municipality in which the beneficiary has its registered office or place of residence;
(d) the amount of funds or guarantees provided and an indication of the amount still paid;
(e) the purpose for which the appropriations are intended, including a reference to the full dossier of the programme where the appropriations are provided under the programme;
(f) the date of the decision or conclusion of the aid contract;
(g) information that a decision has been taken to breach budgetary discipline on the part of the beneficiary or to suspend, reduce or recover funds, including the amount covered by this measure.
(2) The information referred to in paragraph 1 shall be published within 7 days of the decision or conclusion of the aid contract and, in the case of the information referred to in paragraph 1 (g), within 7 days of the legal authority of the relevant decision or the effectiveness of the agreement. The information shall remain published for at least 10 years.
(3) Where other legislation prevents disclosure of certain information in accordance with paragraphs 1 and 2, the information shall not be disclosed in this manner.
AVAILABLE HIRING LIABILITY
Available rental housing
Available rental accommodation means renting an apartment for affordable rent.
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Regulation Information
| Citation | Act No. 211 / 2000 Coll., on State Fund for Investment Support |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.07.2000 |
|---|---|
| Effective from | 21.07.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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