Act No. 307 / 2000 Coll.
Act on agricultural storage lists and agricultural public warehouses and amending certain related laws
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Law
Effective from 07.09.2000
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307
THE LAW
of 4 August 2000
on agricultural storage lists and agricultural public warehouses and amending certain related laws
Parliament has decided on this law of the Czech Republic:
AGRICULTURAL STORAGE LISTS AND AGRICULTURAL PUBLIC STORAGE
GENERAL PROVISIONS
Purpose of the law
The purpose of this Act is:
(a) to regulate the issue of agricultural storage lists for selected agricultural products (hereinafter referred to as "goods") stored in agricultural public storage and treated as paper securities with which the right of ownership of the stored goods is linked, the way in which the lien is established and the exercise of the lien;
(b) lay down the conditions for the establishment and operation of agricultural public warehouses;
(c) to regulate State supervision of the operation of agricultural public warehouses.
Basic concepts
(1) The agricultural stock list is a paper security in series, convertible by rupees and delivery, representing the right of ownership and lien to the goods stored. Issue of agricultural stock lists other than under this Act is inadmissible.
(2) The operator of an agricultural public warehouse (hereinafter referred to as the "operator") is a legal person established in the Czech Republic authorised under this Act.
(3) An agricultural public warehouse is a defined object of an operator meeting the conditions of this Act in which the activity of an agricultural public warehouse is carried out.
(4) The operation of an agricultural public warehouse shall consist of the admission of goods into storage in bulk or in individual storage, always separately from the operator's own goods, and the related issue of agricultural storage lists to such goods, sampling, treatment, issuing and selling of stored goods under this law.
(5) The Ministry of Agriculture (hereinafter referred to as "Ministry") grants authorisation to operate an agricultural public warehouse (hereinafter referred to as "authorisation"), exercises state supervision and imposes sanctions under this Act.
(6) The depositor shall be the person who transmits the goods for storage in an agricultural public warehouse and to whom the operator shall issue an agricultural warehouse certificate.
(7) The authorised person shall be the person who, by virtue of his right of ownership or lien, is entitled to take over goods stored in an agricultural public warehouse or to receive the proceeds of his sale under this law.
(8) The type of goods for which the agricultural warehouse certificate may be issued under this Act shall be determined by the Ministry by a decree laying down the quality conditions of the goods stored.
Storage of goods
(1) The storage of goods in an agricultural public warehouse is bulk or individual.
(2) The bulk storage of goods consists in the common storage of goods of the same kind and quality from various depositors. The operator's obligation to issue the goods shall be satisfied by the issue of goods of the same type, quality and quantity for which the goods stored are interchangeable.
(3) Individual storage consists of the separate storage of the depositors' goods from those of other depositors. Individual storage must be agreed between the depositor and the operator before the goods are transferred to storage.
(4) If an individual custody is not specifically agreed between the depositor and the operator, it is a collective custody.
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Agricultural stock list
(1) An operator shall issue an agricultural warehouse certificate immediately after taking over the goods in an agricultural public warehouse.
(2) The agricultural stock list consists of two parts, namely the ownership and lien. Individual exposure to only one part of the stock list shall be inadmissible.
(3) It shall be indicated on the property deed that the pledge note is issued to it, and vice versa, on the pledge note that the title is issued to it.
(4) The agricultural stock list on both parts must contain:
(a) the indication that it is an agricultural stock list and the title or lien;
(b) the trade name and registered office, if any, if different from the registered office, and the place of business of the operator, the registration number and the date of authorisation to operate the agricultural public warehouse;
(c) the designation of the agricultural public warehouse;
(d) the registration number of the agricultural storage certificate corresponding to the order number indicated in the stock register referred to in paragraph 5;
(e) the name or business name, address or place of business of the depositor;
(f) particulars of the quantity, type, quality and value1) when the goods are taken over for storage;
(g) the location of the sample taken over;
(h) the storage period, indicating the last day;
(i) the name of the insurer and the number of the insurance contract;
(j) the date and place of issue of the agricultural storage certificate and the signature of the operator or person empowered by it.
(5) The particulars referred to in paragraph 4 shall be equally indicated in the stock register of the operator of the agricultural public warehouse (hereinafter referred to as the "stock register") at the same time as the issue of the agricultural storage certificate. The operator shall be responsible for the conformity of the particulars of the agricultural stock sheet and the stock register.
(6) A document which does not contain any of the particulars referred to in paragraphs 3 and 4 is not valid as an agricultural storage certificate.
Rights associated with the agricultural stock list and its parts
(1) The agricultural stock list consisting of both parts shall be accompanied by the ownership of the goods stored in the agricultural public warehouse on which the agricultural stock list was issued and the right to dispose of such goods without restriction.
(2) By the present transfer of both parts of the agricultural stock list, the right of ownership to the goods to which the agricultural stock sheet is issued is passed by law.
(3) By a separate transfer of the title, the right of ownership of the goods on which the agricultural stock list is issued is limited by the lien. The owner of the title shall have the right to issue the goods after payment of the claim pursuant to Article 9 (1) (b) in the manner laid down in this Act.
(4) The agricultural stock list may also be accompanied by a lien. The lien to the goods on which the agricultural stock list is issued shall be established by the first block and by the transfer of the lien pursuant to Article 9 of this Act.
(5) The holder of the lien shall have the right to request the operator to sell the goods under the conditions laid down in this Act.
Issue of an agricultural storage certificate
(1) When the goods are taken over for storage, the operator shall indicate the type, quantity, quality and price1) of the goods at the date of receipt. By taking over the goods and issuing the agricultural storage certificate, the operator's obligation under this Act, in particular the goods properly and professionally, is to store, take care of them and insure for the benefit of the holder of the agricultural storage certificate.
(2) Where goods are stored in lots, the operator shall issue proof of acceptance of the goods, including the quality of the goods, to the depositor for each part of the goods stored. Upon completion of storage, either the agricultural storage certificate shall be issued by the depositor, as requested, for the whole quantity or more of the agricultural storage certificates.
(3) An operator shall issue an agricultural storage certificate with a storage period agreed with the depositor before taking over the goods referred to in paragraph 1.
Exchange, distribution and redemption of the agricultural storage certificate
(1) The operator shall, at the request of the owner of the two parts of the agricultural storage certificate, issue a new agricultural storage certificate in his name against the return of the original agricultural storage certificate. The return of the original and the issue of the new agricultural storage certificate shall be indicated by the operator in the stock book.
(2) At the request of the owner of the two parts of the agricultural storage certificate and provided that the original agricultural storage certificate is returned, the operator shall issue as many new agricultural storage certificates as the holder of the agricultural storage certificate will require; comply with the minimum quantity provided for in the Ministerial Decree.
(3) When a new agricultural storage certificate is issued in accordance with paragraphs 1 and 2, the storage period shall be maintained according to the original agricultural storage certificate, unless otherwise agreed between the operator and the depositor.
(4) The procedure for the loss or destruction of an agricultural storage certificate or part thereof shall apply mutatis mutandis to the specific legislation governing exchange. (2)
(5) An operator shall be obliged to invalidate and enter the date and year of its impairment in a stock book signed by the operator or person authorised by it, as referred to in paragraphs 1 and 2.
Transfers of the agricultural stock sheet
(1) Both parts of the agricultural stock sheet, together and separately, are transferable by way of rewriting and transmission. Unless otherwise provided for in this Act, specific legislation shall apply to the duplicates. 2)
(2) Where the two parts of the agricultural storage certificate are transferred together, the rupees of the ownership certificate shall have jurisdiction over both parts.
(3) A full record shall be made of each typescript. An alert in the stock book shall be requested without delay by the transferee. The operator shall immediately confirm to the transferee the execution of the record in the stock book.
First ruby of the lien
(1) The lien for the goods in storage is established by the first block of the lien and its transfer to the transferee. The first block of the security note shall contain:
(a) the name or business name, address or place of business of the transferee;
(b) the amount of the claim, including accessories on the maturity date for which the lien is established;
(c) the maturity date of the secured debt;
(d) the person to be paid ("domicilat");
(e) the signature of the transferor.
(2) The contents of the first block of the pledge note must be indicated in the title.
(3) The entire contents of the first block of the security deposit note shall be entered in the stock book with the date of the ruin. The operator shall be obliged to request an entry in the stock register without delay. The operator shall immediately confirm to the transferee of the pledge note the execution of the record in the stock book.
(4) If one of the obligations referred to in paragraphs 1 and 2 is not fulfilled, the block shall be invalid.
Other codes
(1) A further block of the pledge note and its transfer shall transfer the lien to another acquirer who requests the operator to record in the stock book. The operator shall confirm the execution of the alert to that acquirer.
(2) The subsequent rupees and the transfer of the title without the joint transfer of the lien are passed on to the transferee of the title limited by the lien. The acquirer asks for an entry in the stock book. The operator shall confirm the execution of the alert to the acquirer.
(3) The operator shall also inform the owner of the second part of the agricultural storage certificate in writing of the record referred to in paragraphs 1 and 2.
Sale of collateral
(1) In the event that the secured claim has not been paid on the date of its maturity and not subsequently for a further period of 3 days, and this is confirmed in writing by the domicile or debtor, the holder of the lien shall be entitled to ask by registered letter of the operator to sell the goods in question to satisfy his claim. An operator shall choose one of the following methods of sale to achieve the maximum yield:
(a) on the relevant commodity exchange where the goods are traded on the stock exchange;
(b) auctioning of goods;
(c) by any other appropriate means, or, where appropriate, by itself, if the owner of the deed and the holder of the deposit note so agrees with the price and conditions of the sale.
(2) The operator shall start the sale no later than 30 days after receipt of the request of the lien creditor.
(3) The operator shall, within 3 days of receipt of the request by the holder of the pledge note referred to in paragraph 1, inform in writing the last owner of the ownership note registered in the stock book of the request and the method of sale chosen. The operator may start selling the goods not earlier than the 10th working day following the dispatch of this information.
(4) The owner of the owner's certificate may fulfil the obligation until the sale of the goods to which the lien applies, including, where applicable, accessories, by submitting the relevant amount to the operator.
(5) The operator shall satisfy the lien creditor from the proceeds of the sale after deducting its costs of sale, the payment for the storage of the goods and the payment of taxes on the goods linked. The operator shall immediately issue to the owner of the owner the excess of the proceeds from the sale. If the operator is not presented with a lien or title when the goods are sold, the operator shall deposit the proceeds of the sale at an amount corresponding to the claims arising from their holding on the court's account.
(6) If the proceeds from the sale of the goods are not sufficient to satisfy the holder of the lien equal to the amount of the secured claim, the holder of the lien shall have the right to penalty against the previous holders of the lien.
(7) The operator shall draw up a record of the sale and issue without delay the relevant accounting and tax documents for both the buyer and the owner of the deed. The sales protocol shall contain the information on the agricultural stock sheet, the trade name and the registered office of the lien at which the goods are sold, the reasons for choosing the particular method of sale referred to in paragraph 1, the time, place, manner and conditions under which the sale took place.
Extraction of goods
(1) The operator shall declare the auctioning of goods on a regular basis on a fixed working day and an hour per month, with at least 10 working days prior publication of the place and the manner in which it is to be carried out, the type and quantity of goods.
(2) The parties to the auction of goods shall become persons who pay the auction guarantee, have full legal capacity and are willing to buy the auctioned goods or a minimum part of them at least at the provocation price.
(3) The trigger price is two thirds of the normal price.3) Where at least 3 auction participants are not present, the call price may not be less than four fifths of the normal price. 3) The goods shall always be auctioned separately according to each lien.
(4) The operator shall issue the auctioned goods to the auction participant who made the highest submission after payment of the auctioned price, including value added tax.
(5) The auctioned price, including value added tax, must be paid within 3 working days of the auction. The right to the goods shall pass through the full payment of the price auctioned, including value added tax.
(6) In the event that the auctioneer fails to pay the auctioned price, including value added tax, within that period, the sale shall be cancelled. The operator shall be entitled to reimbursement of the costs of the auction, which he is entitled to pay on the auction security paid after they have been cleared.
(7) Unless otherwise provided by this Act, the relevant provisions of the Act on Public Auctions shall apply to the auction.4)
Other sales of goods
(1) An operator shall be entitled to sell goods admitted to storage in an agricultural public warehouse unless the owner of the two parts of the agricultural storage certificate has picked up the goods or the holder of the lien has applied for the sale of the security at the end of the storage period referred to in Article 4 (4) (h), even on the basis of a repeated call from the operator; the period between the two challenges shall not be less than 10 working days and the recipient of the call shall not respond to the latter within 15 days of dispatch; calls must be made by registered letter.
(2) The sale of the goods referred to in paragraph 1 shall be carried out in one of the ways set out in paragraphs 11 (1) (a) and 11 (1) (b) and shall be subject to the protocol set out in paragraph 11 (7).
(3) The operator shall immediately show the proceeds of the sale after deducting its costs from the sale, the payment for the storage and treatment of the goods and the payment of taxes on the goods linked to the beneficiaries, or shall, where appropriate, deposit them in court.
Termination of the agricultural storage certificate
(1) The issue of the goods by the beneficiary or by the financial satisfaction of the beneficiary on the basis of the sale of the goods in storage under this Act shall cease to be in force on the agricultural stock and the two separate parts thereof.
(2) The operator shall ensure that the agricultural storage certificate or any part thereof which is returned to him in connection with the expiry of the agricultural storage certificate is invalidated.
(3) If, at the end of the period of validity of the agricultural storage certificate, the operator fails to return any part of it to the operator, the operator shall confirm by registered letter to the owner of the unreturned part of the period of expiry of the agricultural storage certificate.
AGRICULTURAL PUBLIC STORAGE
Authorisation to operate an agricultural public warehouse
(1) The authorisation should be granted:
(a) the applicant's equity of at least CZK 30 million according to the audited accounts for the last financial year preceding the application for authorisation;
(b) the availability rights of the applicant for the premises of the warehouse which meet the conditions laid down in the Ministerial Decree;
(c) the submission of further supporting documents referred to in paragraph 2.
(2) The application for authorisation (hereinafter referred to as "the application") shall contain:
(a) an extract from the applicant's business register, not more than 3 months old;
(b) the name, surname, birth number and address of the person or persons authorised to act as operators and to sign agricultural storage certificates;
(c) the type or types of goods intended for storage;
(d) the address and specification of the premises of the agricultural public warehouse, indicating the storage capacity and equipment necessary to operate the agricultural public warehouse;
(e) proof of title or other right to the premises in which the agricultural public warehouse is to be operated;
(f) the conditions for the operation of the agricultural public warehouse (operating rules and price list of services),
(g) audited financial statements for the last financial year,
(h) the name, surname, birth number and address of the manager of the agricultural public warehouse;
(i) the signature of the persons referred to in (b) and (h);
(j) proof of professional competence and integrity of persons authorised to sign agricultural storage lists [points (b) and (h)];
(k) insurance contracts pursuant to § 23.
(3) The choice or appointment of new persons referred to in points (b) and (h) of paragraph 2 must be notified in writing by the operator within 10 days of the date of the choice or appointment to the Ministry, together with supporting documents demonstrating compliance with the conditions referred to in paragraph 2 (j).
(4) For the purposes of this Act, a person with completed secondary vocational or general education with a degree and five years' experience in the field shall be considered as competent. For the purposes of this law, a person who has not been convicted of a criminal offence shall be deemed to be righteous.
(5) When authorising the operation of an agricultural public warehouse to verify the integrity referred to in paragraph 2 (j), the Ministry shall require, in accordance with special legislation, (4a) an extract from the Register of Penalties. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.
(1) The Ministry is required to grant an authorisation within 60 days of the date of receipt of the request, subject to the conditions laid down in Section 15.
(2) The authorisation is granted for an indefinite period and cannot be transferred to another person.
(3) Where the Ministry finds that the applicant for an authorisation has not submitted all the documents referred to in Article 15 (2), it shall invite him to provide additional evidence of the missing documents. The invitation shall set a reasonable time limit for supporting missing documents; the period shall not be less than 15 days. If the applicant does not submit missing documents to the Ministry within the prescribed time limit, the Ministry shall suspend the authorisation procedure.
(4) The Ministry shall reject the application by decision stating the reasons for the refusal if:
(a) the applicant or warehouse does not meet the conditions for the authorisation referred to in Article 15 (1);
(b) bankruptcy has been declared against the applicant in the last 3 years;
(c) the information provided in the application is false information,
(d) the applicant or persons acting for him do not provide sufficient guarantees for the proper operation of the agricultural public warehouse.
(5) The authorisation shall contain the following information:
(a) the business name, registered office and identification number of the operator;
(b) the address of the agricultural public warehouse, the registration number and the date of issue of the authorisation;
(c) confirmation of approval of the operating rules of the agricultural public warehouse;
(d) the identification of the type or types of goods which the operator is entitled to take into storage in an agricultural public warehouse;
(e) an indication of the storage capacity of the agricultural public warehouse;
(f) authorisation to auction goods under this law;
(g) the name of the head of the agricultural public warehouse.
(6) The Ministry shall withdraw the authorisation if:
(a) the authorisation was granted on the basis of false information;
(b) there have been serious changes in the facts relevant to the granting of the authorisation;
(c) the operator fails to comply with the obligation set out in Paragraph 23 (2);
(d) the measures provided for in Article 26 (1) have not led to a correction, or without the imposition of such measures, if this is necessary in order to protect the owners of agricultural storage certificates, property certificates and liens.
(7) Any extension of an agricultural public warehouse in excess of the authorisation granted shall require the re-approval of the Ministry.
(8) The Ministry shall keep a list of agricultural public warehouses and their operators as well as the heads of agricultural public warehouses and publish it at least once during each calendar semester in the Trade Journal.
(9) An administrative fee shall be charged for the granting of authorisation to operate an agricultural public warehouse in accordance with Section 37.
Operating rules
(1) The Ministry approves the operating rules of the agricultural public warehouse at the same time as the decision granting the authorisation.
(2) The operating rules provide for the operation of the agricultural public warehouse and its associated facilities.
(3) Where the conditions for depositors laid down in the operating rules are fulfilled and the operator and the depositor agree on prices for agricultural public storage services, no person may be denied the deposit of the goods if the capacity of the agricultural public warehouse so permits.
(4) The operating rules shall include in particular provisions on:
(a) the organisation of the reception and delivery of goods and the operator's responsibility for storage;
(b) the method of sampling for the storage and issue of the goods;
(c) statements of the status of the goods stored,
(d) the way in which agricultural storage lists are drawn up,
(e) the manner in which goods are sold under this law;
(f) the organisation of auctions of goods under this law;
(g) maximum storage periods;
(h) the price list of the services, their publication and changes.
(5) The Ministry approves the amendment to the operating rules. If the Ministry does not decide on an operator's request to amend the operating rules the text of which was attached to the application within 30 days of the receipt of the request to the Ministry, the Ministry shall approve the amendment. In that case, the Ministry shall issue the relevant certificate to the operator.
(6) The operator shall publish the approved version of the operating rules in the Trade Bulletin and visibly in the premises of the agricultural public warehouse so that everyone can meet it.
(7) The date of its approval by the Ministry shall be indicated on the text of the operating rules.
Service price list
(1) The tender price list lists the prices of the services for all operations linked to the storage in the agricultural public warehouse under this Act, (1) as well as the cost of insurance, both for bulk and individual storage.
(2) The operator shall be obliged to publish a visibly bid list of services on the premises of an agricultural public warehouse so that everyone can meet it.
Book
(1) The stock book is a complete, time-series list of the agricultural storage lists kept by the operator.
(2) The stock records are to be entered
(a) the particulars of the agricultural storage certificate referred to in Article 4 (4);
(b) the following additional information:
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Regulation Information
| Citation | Act No. 307 / 2000 Coll., on agricultural storage lists and agricultural public warehouses and on the amendment of certain related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.09.2000 |
|---|---|
| Effective from | 07.09.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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