Full text of Act No. 259 / 1996 Coll.
Act on the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic (full text as follows from subsequent amendments and additions)
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10.10.1996
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259
_
Announces
full text of the Act of the Czech National Council of 5 May 1992 No. 301 Coll., on the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic, as follows from the amendments made by the Act of 25 March 1993 No. 121 Coll. and by the Act of 3 November 1994 No. 223 Coll.
THE LAW
on the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic
The Czech National Council decided on this law:
INTRODUCTORY PROVISIONS
Purpose of the law
The purpose of this Act is to regulate the formation, position and scope of the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic (hereinafter referred to as "the Chambers').
(1) An Economic Chamber of the Czech Republic (hereinafter referred to as the "Economic Chamber") is hereby established to promote business activities outside agriculture, food and forestry, to promote and protect interests and to ensure the needs of its members.
(2) An Agrarian Chamber of the Czech Republic (hereinafter referred to as the "Agrarian Chamber") is hereby established to promote business activities in agriculture, food and forestry, to promote and protect interests and to ensure the needs of its members.
(3) Comoros are associations of entrepreneurs (legal and natural persons) 1) accepted as members.
(4) The chambers are legal entities and are incorporated in the Commercial Register.
(5) The Chamber of Commerce is the capital of Prague; the seat of the agrarian chamber is Olomouc.
(1) The chambers consist of the district chambers and, in the capital of Prague, the district chambers (hereinafter referred to as "district chambers") and, at the economic chambers, the integrated trade associations and, at the agricultural chambers, the integrated agricultural, food and forestry communities (hereinafter referred to as "communities").
(2) The District Chambers are legal entities and are incorporated in the Commercial Register.
(3) District chambers in the region may be merged in regional chambers. Regional chambers may be divided into district chambers.
(4) Regional chambers shall be subject to the provisions of this Act concerning district chambers.
(5) The interest and other associations established under the Special Act (2) become communes on the basis of their own decisions.
(6) The relations of the chambers to the district chambers and communities not governed by this law will be governed by the statutes of the chambers.
Scope of the chamber
(1) Comoros within its scope
(a) provide advice and consulting services to their members on business-related issues;
(b) make observations pursuant to special legislation3) and expert opinions;
(c) organise training activities and cooperate with public authorities in providing information services, professional training and forms of retraining and in addressing employment problems;
(d) ensure the promotion and dissemination of information on their business activities, on the basis of the prior consent of the members;
(e) ensure that members of the chambers carry out business professionally and in accordance with generally binding legislation;
(f) establish and develop contacts with chambers and similar institutions abroad and conclude agreements with them, disseminate knowledge of economic conditions and legislation relating to trade relations with foreign countries and, in this context, publish and disseminate informative and professional publications;
(g) issue certificates of facts relevant to legal relations arising from international trade; the certificates are authentic,
(h) establish and manage establishments and institutions to promote the development of entrepreneurship and education;
(i) cooperate with business associations and associations on the basis of agreements concluded in accordance with the Statute of Chambers;
(j) establish permanent conciliation commissions to prevent trade disputes between their members;
(k) carry out their own economic activity in support of the proper performance of their tasks and in accordance with their mission;
(l) participate in professional training and support educational establishments set up for that purpose;
(m) keep records of chamber members.
(2) The status of chambers will be regulated by the regional chambers and communities.
(1) The members of the Chamber of Commerce may be legal and natural persons who have their registered office or residence in the Czech Republic, engage in business activity (1) except in agriculture, food and forestry activities and are not professionally organised under another law.
(2) Members of the Agrarian Chamber may be legal and natural persons who have their registered office or residence in the Czech Republic, engage in business activities in the fields of agriculture, food and forestry and are not professionally organised under another law.
(3) The membership of chamber entrepreneurs is voluntary. At the request of the entrepreneur in writing, the Board of Directors of the District Chamber or the Commonwealth shall decide on the admission. The rights and obligations of a member shall arise from the date of entry on the list of members.
(4) Membership in the Chamber shall cease on the date of deletion from the list of members of the chambers on the basis of:
(a) the cessation of a business authorisation;
(b) death;
(c) the disappearance of a legal person;
(d) notice of withdrawal,
(e) exclusion from the chamber.
Rights and obligations of a member
(1) A member of the Chamber of Commerce and a member of the Chamber of Agriculture (hereinafter referred to as "member of the Chamber") has the right to:
(a) vote and be elected to the organs of the chamber; a natural person who is their statutory body or a natural person who is a member of its statutory body shall have the right to vote and to be elected,
(b) to use the services provided by the Chamber;
c) turn to the conciliation committees.
(2) A member of the Chamber has an obligation
(a) carry out business activities professionally and in accordance with generally binding legislation;
(b) comply with the Statute, Rules of Procedure and Election of the Chamber;
(c) to pay properly the specified membership contributions.
THE AUTHORITIES OF THE SECRET COMMISSION AND THE COMMISSION
(1) The County Chamber has the following authorities:
(a) the Assembly of Delegates;
(b) the Board of Directors of the District Chamber;
(c) the President and Vice-President,
(d) Supervisory Board of the District Chamber.
(2) The Chamber has the following authorities:
(a) a Chamber of Chambers composed of the General House and the Chamber of Commonwealth,
(b) Board of Chambers,
(c) the President and Vice-President,
(d) the Supervisory Board of the Chamber.
(3) The term of office of the organs of the chamber and of the district chamber shall not exceed three years. Unless otherwise decided by the Chamber Assembly, the function in the authorities of the District Chamber and the Chamber shall be an honorary function. The competent authority shall pay compensation for the loss of time and the reimbursement of final expenses.
(4) The Rules of Electoral and Rules of Procedure of the District Chamber and of the Chamber will adjust the internal circumstances of these bodies, in particular the length of the term of office, the number of members of the elected bodies and the manner in which they are elected, the manner in which the authorities of the District Chamber and the Chamber act.
(5) Membership in the authorities of the District Chamber and the Chamber is irreplaceable.
Authorities of the District Chamber
Assembly of delegates
(1) The highest authority of the District Chamber is the assembly of delegates. It shall be composed of delegates elected by the members of the District Chamber under the electoral order of the District Chamber.
(2) The Assembly of Delegates may decide in a valid manner if an absolute majority of all delegates are present. The consent of the majority of delegates present shall be required for the validity of the resolution. All delegates' voices are equal.
(3) Assembly of delegates
(a) elect and dismiss the President, Vice-Presidents, members of the Board of Directors of the District Chamber, the Supervisory Board and members of the Conciliation Committee of the District Chamber, if established; the election of the President shall take place by secret ballot;
(b) approve, amend and revoke the status of the District Chamber which must comply with the status of the Chamber;
(c) elect a representative of the Chamber Assembly from among the members of the District Chamber;
(d) approve the merger of the district chamber with other district chambers or, where appropriate, the division of the regional chamber;
(e) determine the main tasks of the District Chamber;
(f) approve the budget of the District Chamber, its accounts and the report of the Board of Directors and the Supervisory Board of the District Chamber on the activities and management;
(g) approve the principles governing the remuneration of the County Chamber's staff;
(h) decide on the suspended decision of the Board of Directors of the District Chamber;
(i) decide on an appeal against a decision not to accept or exclude a member of the chamber;
(j) decide on other matters of the District Chamber, the decisions of which it has reserved.
(4) The Assembly of Delegates is convened by the Board of the District Chamber at least once a year; it shall be required to be convened whenever at least one third of all delegates of the District Chamber so request in writing or by the Supervisory Board of the District Chamber within two months at the latest.
Regional Chamber Board
(1) The Board of the District Chamber is the managing body of the District Chamber; The Assembly of Delegates shall be responsible for its activities.
(2) The members of the Board of Directors of the District Chamber are the Chairman, Vice-Presidents and other members.
(3) The Board of the District Chamber shall decide on all its matters which the Law, Statute and Rules of Procedure of the District Chamber or the Order of the Assembly of Delegates do not entrust to any other body of the District Chamber.
(4) The Board of Directors of the District Chamber in particular:
(a) prepare the documents for the deliberations of the Assembly of Delegates and ensure that their resolutions are enforced;
(b) decide on admission and exclusion of a member of the Chamber;
(c) decide on the suspended decision of the President and Vice-President;
(d) be responsible for the management of the property of the district chamber;
(e) appoint and remove the Director of the Office of the District Chamber.
(5) The Board of Directors of the District Chamber shall be convened by the Chairman at least four times a year. The Board of the District Chamber shall act by an absolute majority of its members, unless otherwise provided for in the Statute of the District Chamber.
Chairman of the District Chamber
(1) The President shall represent and act on behalf of the County Chamber.
(2) The President shall convene and manage the deliberations of the Board of Directors of the District Chamber, oversee the activities of the Office of the District Chamber and carry out other activities provided for by the Statute, the Resolution of the Assembly of Delegates or the Board of Directors of the District Chamber.
(3) In his absence, the President shall be represented by the Vice-President or any other member of the Board of Directors of the District Chamber.
Supervisory Board of the District Chamber
(1) The Supervisory Board of the District Chamber is the inspection body of the District Chamber; The Assembly of Delegates shall be responsible for its activities.
(2) Supervisory Board of the District Chamber
(a) control the management and operation of the district chamber to the extent provided for by the Statute or by the Resolution of the Assembly of Delegates;
(b) suspend the enforcement of decisions of the President and Vice-Presidents if they are contrary to generally binding laws, regulations or other provisions of the Chamber; the suspended decision is submitted to the Board of the District Chamber,
(c) suspend the execution of the Board's decisions if they are contrary to generally binding laws, regulations or other provisions of the Chamber; the suspended decision shall be submitted to the Assembly of Delegates.
(3) The activities of the Supervisory Board of the District Chamber shall be managed by its Chairman elected by secret ballot from members of the Supervisory Board of the District Chamber.
(4) The membership of the Supervisory Board of the District Chamber is incompatible with that of the Board of Directors of the District Chamber or Chamber. A member of the Supervisory Board may not be a member of the District Chamber or Chamber.
Office of the District Chamber
(1) The Executive Authority of the District Chamber is the Office of the District Chamber.
(2) The Office of the District Chamber consists of the personnel of the District Chamber. A district hall worker may not be an entrepreneur or participate in the business of other legal or natural persons, may not engage in business as a statutory body or as a member of a statutory or other body of another legal person engaged in business.
(3) Office of the District Chamber
(a) keeps the administration and ensures the normal functioning of the district chamber;
(b) prepare documentation for the deliberations of the authorities of the district chamber;
(c) carry out other tasks as directed by the Board of the District Chamber.
(4) The Office of the District Chamber is in charge of the Office of the District Chamber and is responsible for its activities under the responsibility of the Board of Directors of the District Chamber, the Director who is its official.
Boards
Chamber assembly
(1) The chamber assembly is the highest organ in the chamber. It is made up of a general House composed of representatives of the District Chambers and a Chamber of Commonwealth composed of representatives of the Communities. Each representative shall have one vote.
(2) Chamber assembly
(a) decide on the Statute, the Rules of Elections and Rules of Procedure of the Chamber and the Rules of Elections and Rules of Procedure of the District Chambers;
(b) determine the main tasks of the Chamber;
(c) elect and dismiss the President, the Vice-Presidents, the members of the Board of Chambers, the Supervisory Board of the Chamber and the members of the Conciliation Committee of the Chamber from among the members of the Chamber;
(d) approve the amount and method of payment of the Member States' contributions (hereinafter referred to as the "contribution rules") and decide to grant exemptions from their payment;
(e) approve the budget of the Chamber, the annual accounts and the Board of Directors' report on the Chamber's activities and management;
(f) decide on the suspended decision of the Board of Chambers;
(g) approve the principles governing the remuneration of chamber staff;
(h) decide on other matters which they reserve.
(3) The Chamber shall be able to make a valid resolution if the majority of the representatives elected to the General Chamber and the majority of the representatives elected to the Chamber of Commons are present. The House's resolution requires the consent of an absolute majority of the representatives present elected to the House. The House shall vote separately, unless otherwise provided for in this law.
(4) The President, the Vice-Presidents, the Supervisory Board and the members of the Conciliation Committee are elected jointly by the two Chambers. The members of the Board shall be elected by each House to elect half of the number of members of the Board.
(5) The election of the President is made by secret choice. The Statute may provide for derogations from paragraph 3.
(6) If the dissenting decision of the House is reached, the President of the Chamber shall convene the conciliation negotiations of the House. The conciliation procedure shall lay down the rules of the Chamber.
(7) The Board of Chambers shall be convened by the Board of Chambers at least once a year. The Board of Directors shall be required to convene the Assembly of the Chamber whenever at least one third of the district chambers, communities or one tenth of the representatives of the District Chambers or of the Commonwealth or Supervisory Board of the Chamber so request in writing, no later than three months.
Board of Chambers
(1) The Board of Directors of the Chamber is the governing body of the Chamber; it is responsible for its activities to the Chamber.
(2) The members of the Board of Chambers are the President, the Vice-Presidents and the members elected by them.
(3) The Board of Chambers shall decide on all matters of the Chamber which this Act, the Statute or the Rules of Procedure of the Chamber or the Resolution of the Chamber shall not entrust to another body of the Chamber.
(4) The Board of Directors of the Chamber in particular
(a) prepare the documents for the meeting of the Chamber and ensure that its resolution is enforced;
(b) be responsible for the management of the property of the chamber;
(c) decide on the suspended decision of the President and the Vice-President;
(d) appoint and remove the Secretary of the Chamber's Office.
(5) The Board of Directors of the Chamber shall be convened by the President at least four times a year. The Board of Chambers shall act by an absolute majority of its members, unless otherwise provided for in the Statute of the Chamber.
President of the Chamber
(1) The President of the Chamber shall represent and act on behalf of the Chamber.
(2) The President of the Chamber shall convene and manage the deliberations of the Board of Directors of the Chamber, oversee the activities of the Office of the Chamber and carry out any further activities provided for by the Statute of the Chamber, the Resolution of the Assembly of the Chamber or the Board of Directors of the Chamber.
(3) In the absence of the President, the Vice-President or any other member of the Board of Directors of the Chamber shall be represented by him.
Supervisory Board of the Chamber
(1) The Supervisory Board of the Chamber is the supervisory authority of the Chamber; it is responsible for its activities to the Chamber.
(2) Supervisory Board of the Chamber
(a) control the management and operation of the chamber to the extent specified by the chamber's statute or by the resolution of the chamber's assembly;
(b) suspend the execution of decisions by the President or, where appropriate, the Vice-President if they are contrary to generally binding laws, regulations or other provisions of the Chamber; the suspended decision shall be submitted to the Board of Chambers,
(c) suspend the execution of decisions of the Board of Directors of the Chamber if they are contrary to generally binding laws, regulations or other provisions of the Chamber; the suspended decision shall be submitted to the Chamber.
(3) The activities of the Supervisory Board of the Chamber shall be governed by its Chairman elected by secret ballot from members of the Supervisory Board of the Chamber.
Chamber Office
(1) The executive body of the chamber is the chamber office.
(2) The Office of the Chamber shall consist of the staff of the Chamber subject to the prohibition set out in Article 12 (2).
(3) Chamber Office
(a) keeps the administration and ensures the normal running of the chamber;
(b) prepare documentation for the deliberations of the Chamber's bodies;
(c) carry out other tasks as instructed by the Board of Chambers.
(4) The Office of the Chamber shall manage and be responsible for its activities to the Board of Directors of the Chamber by a secretary who is a member of the Chamber.
MANAGEMENT OF THE SECRET COMMISSION AND THE COMMISSION
(1) The county chambers, chambers and communities manage their property separately.
(2) The District Chamber and the Chamber shall operate in accordance with the annual budget.
(3) The revenue of the district chambers consists of a defined proportion of the membership contributions, subsidies, gifts and other revenue.
(4) The revenue of the Chamber consists of a defined part of the membership contributions, subsidies, gifts and other revenue.
(5) The allocation of membership contributions between the Chamber, the District Chamber and the Commonwealth is determined by the annual budget of the Chamber.
DECISIONS BY THE COURT
(1) In the case of the Economic Chamber of the Czech Republic, the Arbitration Court of the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic acts as an independent body for disputes by independent arbitrators according to the rules on arbitration.
(2) The Bureau of the Board of Directors of the two chambers shall be the head of a permanent arbitration panel (the arbitration panel) for a period of three years. The President of the arbitration panel shall have the right to take part in the deliberations of the board of directors of the two chambers. The Bureau of the Arbitration Court shall be competent to act if an absolute majority of its members are present; act by an absolute majority of the members present. The Bureau of the arbitration panel shall consist of the President, Vice-Presidents and Members. The Bureau shall elect a President and Vice-Presidents who shall act on behalf of the arbitration panel.
(3) The arbitration panel shall decide on property disputes under a special law. 5)
(4) The Rules of Procedure, the manner in which arbitrators are appointed, their number, the organisation of the arbitration panel, the schedule of arbitrators' fees, the rules on costs and other issues relating to the activities of the arbitration panel and its economic security shall be governed by the Statute and the Order of the arbitration panel.
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Regulation Information
| Citation | Full text of Act No. 259 / 1996 Coll., Act on the Economic Chamber of the Czech Republic and Agrarian Chamber of the Czech Republic (full text as follows from later amendments and additions) |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.10.1996 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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