Act No. 212 / 2002 Coll.
Act amending Act No. 87 / 1995 Coll., on savings and credit cooperatives and certain measures related thereto and supplementing Act No. 586 / 1992 Coll., on Income Tax, as amended, as amended
Valid
Law
Effective from 27.05.2002
Text versions:
27.05.2002
212
THE LAW
of 25 April 2002
amending Act No. 87 / 1995 Coll., on savings and credit cooperatives and certain measures related thereto and supplementing Act No. 586 / 1992 Coll., on Income Taxes, as amended, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 87 / 1995 Coll., on savings and credit cooperatives and certain measures related thereto and on supplementing the Act of the Czech National Council No. 586 / 1992 Coll., on Income Tax, as amended, as amended, as amended by Act No. 100 / 2000 Coll. and Act No. 406 / 2001 Coll., is amended as follows:
1. In Article 17 (2), the text "(hereinafter referred to as" the starting date ')' is added after the words "the payment of refunds'.
2. The following Section 17a is inserted after Section 17:
(1) The cooperative reserve or, where appropriate, the cooperative reserve which has been withdrawn from the authorisation (the former cooperative reserve) is required to provide the Fund with the supporting documents necessary for the start of the payment of the refunds within the time limit set by the Fund. The supporting documents must contain the identification details of the beneficiary (name and surname, residence, birth number or date of birth), the amount and title of the claim and the amount of the deductible claims of the cooperative reserve. If the cooperative has this information in electronic form, it shall also provide the Fund in electronic form. The Board of Directors shall be responsible for the performance of the duties of the cooperative reserve (former cooperative reserve) or of another person legally authorised to act on behalf of the cooperative reserve (hereinafter referred to as the "obliged person ').
(2) As a result of the failure to fulfil the obligations under paragraph 1, a fine of up to CZK 100 000 may be imposed by the Office in administrative proceedings, even repeatedly.
(3) The Fund shall notify the Office without delay of any failure to fulfil its obligations under paragraph 1.
(4) In the context of verifying the entitlement to payment of the refund, the Fund shall be entitled to require the person claiming payment of the refund of the original documents or of the officially certified copies of the documents proving the facts referred to in paragraph 1. ';
3. In Paragraph 18 (2), "80% 'is replaced by" 90%' and "100 000 CZK 'is replaced by" 400 000 CZK'.
4. The second sentence of Paragraph 20 (3) reads: "In the case of late payment of compensation from the Fund, the beneficiary shall not be entitled to interest, interest on late payment, late payment or compensation."
Transitional provisions
1. The provisions of this Act shall also apply to legal relations arising before the date of application of this Act. Authorised persons who have already been entitled to compensation for the insured contribution (hereinafter referred to as "compensation ') under the current legislation shall be entitled to compensation at the rate laid down in this law, taking into account the refund paid under the current legislation when paying the refund. Additional authorised persons who are creditors of a cooperative reserve in which bankruptcy proceedings are taking place on the date of the effective date of this Act or who were creditors of claims against the cooperative advance which died on the date of the effective date of that law after the completion of the timetable order shall be entitled to payment of the compensation subject to the conditions set out in points 2 to 4.
2. If bankruptcy has been declared on the assets of the cooperative reserve and a schedule resolution has not yet been issued by the effective date of this act, the Cooperative Reserve Security Fund (hereinafter referred to as "the Fund ') shall enter the date of the effectiveness of this Act into the creditor's rights of the beneficiary to the extent corresponding to that person's right of payment. The Fund shall inform the insolvency administrator without undue delay. In the event that the beneficiary has not registered his claim in bankruptcy proceedings, the Fund shall be entitled, within six months of the date of application of this law, to lodge the claim resulting from the entry of the Fund into the creditor's rights of the beneficiary; the claim thus applied for shall be taken into account and, if review has already taken place, the claim shall be deemed to have been established. Where the beneficiary has already received a refund calculated in accordance with the existing rules, this amount shall be deducted from the refund calculated in accordance with this Law.
3. If bankruptcy has been declared on the assets of the cooperative reserve and a schedule order has been issued by the date of application of this law, but the cooperative reserve has not yet been terminated, the Fund shall enter into the creditor's rights of the beneficiary who will not be satisfied, in accordance with the schedule resolution, to the extent appropriate to the claim for payment of compensation for the insured deposit. Where the beneficiary has already received a refund calculated in accordance with the existing rules, this amount shall be deducted from the refund calculated in accordance with this Law.
4. If, before the date of application of this Act, the cooperative reserve has ceased to exist after the previous completion of the schedule order, for the purposes of calculating the compensation for the insured contribution, the claim of the beneficiaries shall be deemed to be maintained to the extent that they have not been satisfied from the schedule. The fund will pay the creditors compensation under this law. In determining the amount of the refund, account shall be taken of the refund already paid under the current rules and of the extent to which the creditor is satisfied from the schedule of the order and the additional compensation calculated shall be reduced by such amounts. To this end, the Fund shall be entitled to require the competent court to have a copy of the final draft order. The Court of First Instance shall, at the request of the Fund, provide such an order.
Efficacy
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
v Rychetský v. r.
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Regulation Information
| Citation | Act No. 212 / 2002 Coll., amending Act No. 87 / 1995 Coll., on savings and credit cooperatives and certain measures related thereto and supplementing Act No. 586 / 1992 Coll., on Income Tax, as amended, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.05.2002 |
|---|---|
| Effective from | 27.05.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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