Act No. 22 / 1948 Coll.
Law on certain measures in the field of register law
Valid
Effective from 20.03.1948
22.
Law
of 3 February 1948
on certain measures in the field of registration law.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Increase the tax base.
The amount of CZK 50,000 referred to in § 1, paragraph 1 of the Act of 13 October 1928, No 183 Coll., on the tax base applicable to the registration of traders in the Commercial Register and on the adjustment of certain legal ratios of the earning and economic communities (cooperatives), is increased to CZK 150,000.
(1) If, following the registration of a company with a trader or a public company or a limited company, a permanent decline in the net proceeds below 150.000 Kčs, the company is asked to be deleted from the business register in Slovakia.
(2) A permanent decline within the meaning of the preceding paragraph shall be that which lasts for five straight years.
(3) The provisions of the preceding paragraphs shall also apply to the deletion of firms already registered on the date on which this Act takes effect, unless they have, for five straight years in a row, the following years, beginning at the earliest in 1943, a net proceeds of 150,000 CZK.
Implementation of the register order.
(1) If the facts recorded in the register have changed or ceased to exist and if they do not refer the person to the register, the court may, on application by the person who certifies the legal interest and proves the factual evidence sufficient to execute the registration.
(2) The registration shall be carried out on the cargo of the person responsible for the return.
(1) If a company registered and which is not liable to cause persons to be required to submit a request for its deletion is destroyed, it shall be carried out by an official court.
(2) The provisions of paragraph 1 shall also apply if persons do not submit a compulsory application for the removal of a firm for a permanent decline in the net yield referred to in Article 2.
(3) In the order and in the relevant registration, the court shall state that the deletion took place in accordance with that provision.
(1) The Court of First Instance will delete the company in accordance with Paragraph 4 even if its disappearance is not established safely, but can be judged by the facts of the court known to it.
(2) In such a case, the court shall first call upon the persons required to submit a request for the erasure of the company or to make a statement on the true state of the case and shall give them a reasonable period of at least one month. It shall also state in the invitation that, if the deadline passes in vain, it shall consider that the company has ceased to exist and shall delete it from office.
(3) If it is not possible to deliver a notice to the participants, the court will hang it on the court record and publish it in magazines intended for the publication of court records. With a larger number of companies, the call can be published in bulk.
(4) If the company is a joint-stock company, a limited-liability company, a limited-income and economic community (cooperatives), the company shall be deleted without prior registration of cancellation and liquidation. However, the Court of First Instance shall, in this case, inform, if it is to be heard, of the earning and economic community (cooperative), of the relevant review association (cooperative headquarters), of the intended action by the parties by means of a decree on the court record and in magazines intended to declare the court records, stating that the removal will be waived if one of them, within a reasonable period of at least one month, certifies that he has a claim for the company (community) and that there is social wealth; the call may be linked to the call referred to in paragraph 3. The application shall be submitted directly to the tax authorities for direct, indirect and fees.
(1) The Court of First Instance of the fissile plant shall register in accordance with the previous provisions on the basis of the order of the court of the main establishment.
(2) According to the provisions of § § 4 and § 5, the removal of foreign companies from the representative offices is also appropriate.
On the request of the person, the registered court shall renew the original minutes (§ 5 (2)) if it is established that the presumption of the court under which the company was deleted pursuant to § 5 was incorrect.
The mandatory person shall be understood in the previous provisions, if the property is confiscated under the decree of the President of the Republic of 25 October 1945, No 108 Coll., the confiscation of enemy property and National Recovery Funds, the competent settlement office and the National Recovery Fund.
The liquidation of the former German judiciary in register matters.
(1) The courts carrying out the liquidation of the former German judiciary in civil matters legal according to the decree of the President of the Republic of 19 September 1945, No 79 Coll., on the provisional treatment of the judiciary in the Czech and Moravian-Silesian countries, shall not transfer to registers held under Czechoslovak law those companies whose owners, personally liable members of a public company or a limited company, the board of a public limited company, a limited partnership company to shares, companies guaranteed by a limited or profit and economic community have left the Czechoslovak Republic or have been relegalized from it, without being the property of a national administration under the decree of the President of the Republic of 19 May 1945, no 5 Coll.
(2) However, this company must also be transferred if it is subsequently discovered that such property is present.
Final provisions.
The courts, offices, notaries (public notaries), review associations (cooperative headquarters) and chambers of commerce and trade are obliged to notify the registration courts without delay of the facts relevant to their practice under Sections 3 to 5 and 9 of this Act.
The publication of a notice pursuant to Articles 5, 3 and 4 and the resolution on the ex officio deletion of a firm pursuant to Articles 4, 3 and 5, paragraphs 1 and 4 in magazines intended for publication of court records shall be free of charge.
Unless otherwise provided for in this law, the provisions of Regulation No 68.300 / 1914 I. M. (h.
They shall be deleted:
1. provision § 4 of Act No. 183 / 1928 Coll.;
2. the Law of 28 May 1942, No 89 Sl. z., on the erasure from the company register of firms which have disappeared from office; However, proceedings under this law already initiated by him will be completed.
This Law shall take effect on the 15th day following its publication; It shall be implemented by the Minister of Justice in agreement with the Ministers involved.
Dr Beneš v. r.
Gottwald v. r.
Dr Drtina v. r.
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Regulation Information
| Citation | Act No. 22 / 1948 Coll., on certain measures in the field of registration law |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.03.1948 |
|---|---|
| Effective from | 20.03.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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