Act No. 27 / 2000 Coll.
Law amending certain laws in connection with the adoption of the Public Auctions Act
Valid
Effective from 01.05.2000
27
THE LAW
of 18 January 2000
amending certain laws in connection with the adoption of the Public Auctions Act
Parliament has decided on this law of the Czech Republic:
Amendment to Act No. 455 / 1991 Coll., on Business Business (Trade Act)
Act No. 455 / 1991 Coll., on business business (Trade Act), as amended by Act No. 231 / 1992 Coll., Act No. 591 / 1992 Coll., Act No. 273 / 1993 Coll., Act No. 157 / 1993 Coll., Act No. 167 / 1994 Coll., Act No. 94 / 1996 Coll., Act No. 95 / 1997 Coll., Act No. 147 / 1996 Coll., Act No. 19 / 1997 Coll., Act No. 49 / 1997 Coll., Act No. 61 / 1997 Coll.
1. Paragraph 41 shall be deleted;
2. In Annex 2, in Group 214: Others - in column 1, the text "Implementation of auctions outside the judicial execution of decisions' is replaced by the text" Implementation of voluntary auctions of movable goods under the Act on public auctions'.
In column 2, "5 'is replaced by" 3'.
In column 3, the text "Act No. 174 / 1950 Coll., on auctions outside execution, as amended by Act No. 513 / 1991 Coll. 'is replaced by the text" Act No. 26 / 2000 Coll., on public auctions.';
3. In Annex 3, Group 314: Other - column 1, the following heading "Implementation of public auctions' is added:
In column 2, the words "higher education, 1 year of experience in auction or real estate activities or secondary education and 5 years of experience in auction or real estate activities' are added.
In column 3, the words "the opinion of the Ministry of Local Development 'are added.
In column 4, the words "Ministry of Regional Development 'are added.
In column 5, the words "Section 6 of Act No. 26 / 2000 Coll., on Public Auctions. 'are added.
Amendment to Act No. 92 / 1991 Coll., on Conditions for Transfer of State Assets to Other Persons
Act No. 92 / 1991 Coll., on Conditions for the Transfer of State Assets to Other Persons, as amended by Act No. 92 / 1992 Coll., Act No. 264 / 1992 Coll., Act No. 541 / 1992 Coll., Act No. 544 / 1992 Coll., Act No. 210 / 1993 Coll., Act No. 306 / 1993 Coll. and Act No. 224 / 1994 Coll., is amended as follows:
1. Paragraph 14, including footnote 5b, reads as follows:
"(1) Privatization of the assets is carried out by the Fund through a sale under a contract concluded with the buyer or by a public auction; the public auction shall be carried out in accordance with specific legislation. (b) The Fund shall carry out the selection of the auctioneer.
(2) In the case of the transfer of privatised assets to the capital of a trading company, the Fund shall act in accordance with the special provisions (5) and the derogations provided for by this Act.
5b) Act No. 26 / 2000 Coll., on public auctions. '.
2. In Article 19, the following paragraph 6 is added:
"(6) Where the assets are privatised by public auction, special legislation shall apply to the transfer and taking over of the cases included in the privatized assets, as well as to the transfer of claims and obligations relating to the privatized property. 5b) '
3. Paragraph 20 (2) and (3) reads as follows:
"(2) Unless special legislation (5b) provides otherwise, or unless otherwise provided for in the contract, the acquirer shall be entitled to require an appropriate discount for the items included in the take-over registration if they are defective or not issued to him.
(3) Save as otherwise provided in the specific legislature5b), the acquirer may claim a discount in respect of the liabilities transferred to it and not recorded in the accounts. "
4. § 47b reads:
(1) In the liquidation of the organisations referred to in § 1, the liquidator shall monetize the assets by public auction. 5b) In other ways, the liquidator can only proceed with the permission of the Ministry.
(2) The choice of the auctioneer shall be made by the liquidator. ';
Amendment of the Civil Code
Act No. 99 / 1963 Coll., Civil Code, as amended by Act No. 36 / 1967 Coll., Act No. 158 / 1969 Coll., Act No. 49 / 1973 Coll., Act No. 20 / 1975 Coll., Act No. 133 / 1982 Coll., Act No. 180 / 1990 Coll., Act No. 117 / 1994 Coll., Act No. 152 / 1994 Coll., Act No. 216 / 1994 Coll., Act No. 54 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll.
1. In Article 9 (1), the following sentence shall be added at the end: "Regional courts shall have jurisdiction in disputes concerning public auctions in accordance with the Public Auctions Act. '
2. In Article 75, the following paragraph 5 is added:
"(5) The application for interim measures under the Public Auctions Act must be decided on in the case of real estate no later than 30 days and in other cases no later than 7 days after it has been submitted. '
3. In Article 88, the following point (o) is added:
"(o) in whose territory, at the time of the application for an auction, the applicant's registered office or residence in public auctions was lodged under the Law on public auctions."
Amendment to Act No. 586 / 1992 Coll., on Income Taxes
In Article 24 (2) (y) of Act No. 586 / 1992 Coll., on Income Taxes, as amended by Act No. 35 / 1993 Coll., Act No. 96 / 1993 Coll., Act No. 157 / 1993 Coll., Act No. 149 / 1994 Coll., Act No. 149 / 1995 Coll., Act No. 39 / 1995 Coll., Act No. 18 / 1997 Coll., Act No. 151 / 1997 Coll., Act No. 149 / 1995 Coll., Act No. 248 / 1995 Coll., Act No. 316 / 1996 Coll., Act No. 18 / 1997 Coll.
"5. the property to which the claim relates shall be subject to a public auction, 26j) on the basis of the results of that auction.
26j) Act No. 26 / 2000 Coll., on public auctions. '.
EFFECTIVE
This Act shall take effect on the date on which the Public Auctions Act enters into force.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 27 / 2000 Coll., amending certain laws in connection with the adoption of the Act on Public Auctions |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.02.2000 |
|---|---|
| Effective from | 01.05.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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