What is Act No. 341 / 2005 Coll.?

Act No. 341 / 2005 Coll., on Public Research Institutions — Act on Public Research Institutions.

When it became Act No. 341 / 2005 Coll. effectiveness?

Act No. 341 / 2005 Coll. became effective 13.09.2005.

Is Act No. 341 / 2005 Coll. still valid?

Yes, Act No. 341 / 2005 Coll. is still valid and effective.

How many times was it Act No. 341 / 2005 Coll. amended?

Act No. 341 / 2005 Coll. has 15 time versions of the text.

Act No. 341 / 2005 Coll. - Act on Public Research Institutions

341

THE LAW

of 28 July 2005

on public research institutions

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

Subject matter

This law governs

(a) the way in which a public research institution is set up, established, established, operated and destroyed;

(b) the status and scope of the body and bodies of the public research institution; and

(c) the conversion of research contribution organisations into public research institutions.

§ 2

Public research institution

(1) A public research institution is a legal person whose main activity is research, including the provision of research infrastructure, as defined by the Act on the Promotion of Research, Development and Innovation (1). The public research institution, through its main activity, provides research supported mainly by public funds in accordance with the conditions for granting public aid laid down by European Communitylaw (2).

(2) A public research institution may be set up by the Czech Republic or a local authority (hereinafter referred to as the "founder"); On behalf of the Czech Republic, the Ministry of Public Research, another Central Authority or the Academy of Sciences of the Czech Republic shall act as the founder of the public research institution (hereinafter referred to as the "organizational component of the state ').

(3) The activities of a public research institution must comply with specific public aid legislation.

(4) Information on the results of the research activity of a public research institution must be publicly available in the information system of research, development and innovation3) and in the annual activity and management report of a public research institution (hereinafter referred to as the "annual report"), published in a manner that allows remote access not later than 30 days after its approval, unless otherwise provided for in specific legislation.

(5) The name of the public research institution shall include the designation "public research institution 'or its abbreviation" v. v. i.'. Other persons may not use that designation in their name or business name.

(6) Obligations between public research institutions and between public research institutions, on the one hand, and the State, on the other hand, a self-governing body or a university, on the other hand, in the implementation of the main, other or other activities of public research institutions, as well as obligations between public research institutions and entrepreneurs in the implementation of the main, other or other activities of the public research institution and business activities of entrepreneurs shall be governed by the Civil Code.

ČÁST DRUHÁ

ESTABLISHMENT AND EXCHANGE OF THE PUBLIC RESEARCH INSTITUTION

§ 3

Establishment of a public research institution

(1) A public research institution is established on the date of issue of the instrument of incorporation by the founder. The instrument of incorporation is also issued when a public research institution is formed by a merger (§ 11 (3) and (4)) and a division (§ 11 (5) and (6)).

(2) The instrument contains:

(a) the designation and the registered office of the organisational body of the State exercising the function of founder or, where the constituent body is a local authority, its name and the identification number of the person (hereinafter referred to as the "identification number");

(b) the name and registered office of the public research institution;

(c) determining the period for which a public research institution is set up; in the case of the establishment of a fixed-term public research institution, that period must be indicated;

(d) the purpose for which a public research institution is set up and the corresponding type of research activity as the subject matter of the main activity of a public research institution;

(e) subject matter, conditions and scope of activities which are not research or infrastructure;

(f) the definition of the assets entered into a public research institution, including the valuation of the assets at accounting prices under specific legislation, and the definition of the liabilities relating to the assets entered into and transferred to a public research institution;

(g) establishing the basic organisational structure of a public research institution;

(h) the identification of the staff of the public research institution becoming staff of the public research institution, if any, by division.

(3) If the property is the object of the property defined in the real estate charter registered in the Czech Real Estate Register ("the Real Estate Register '), it must be identified in accordance with a separate legal provision (4).

§ 4

Establishment of a public research institution

(1) A public research institution shall be established on the date on which it is entered in the register of public research institutions.

(2) The proposal for the registration of a public research institution in the register of public research institutions is made by the Ministry of Education, Youth and Sports, the founder. The application shall specify the date on which the registration is to be made. The application for registration shall be accompanied by an instrument of incorporation. In cases where a public research institution arises from a merger or division, the founder shall submit a proposal for its registration together with a proposal for the deletion of existing public research institutions from the register of public research institutions.

§ 5

(1) The Director is entitled to act on behalf of a public research institution from its establishment until its establishment.

(2) In the period from the establishment of a public research institution until the appointment of the Director of a public research institution, the person entrusted with the management of a public research institution shall be entitled to act on behalf of a public research institution.

(3) The acts referred to in paragraph 1 shall be binding upon the founder. The creation of a public research institution shall transfer the rights and obligations arising from the activities of the founder referred to in paragraph 1 to a public research institution.

§ 6

Register of public research institutions

(1) The register of public research institutions is a public list in which legal data on public research institutions are entered. The register of public research institutions is maintained by the Ministry of Education, Youth and Sports and publishes it in a way that allows remote access.

(2) In the case of confidential enrolment in the register of public research institutions, the possibility of objecting, disclosure of data and content of documents, the effects of such publication and the consequences of non-compliance between the data entered and published or the documents deposited and published shall apply mutatis mutandis to the provisions of the special legislation governing the commercial register (5).

(3) The register of public research institutions is hereby entered in

(a) the date on which the registration was made;

(b) an amendment to the instrument of incorporation;

(c) the name, registered office and identification number of the public research institution;

(d) the designation and registered office of the organisational body of the State exercising the function of founder or, where the founder is a territorial unit, his name and identification number;

(e) the name or, where applicable, the name of the person responsible for the management of the public research institution referred to in Article 5 (2) and the place of permanent residence in the Czech Republic, or the place of residence abroad, and the place of residence in the Czech Republic, the date on which or the date of withdrawal of the mandate,

(f) the name and, where applicable, the name, surname of the Director and place of permanent residence in the Czech Republic, or residence abroad, and the place of residence in the Czech Republic, the date of commencement and termination of the office of Director,

(g) the subject matter of the main activity (type of research activity) for which a public research institution has been established;

(h) subject matter of another activity or other activity (Paragraph 21 (3)), where it has been provided for in the instrument of incorporation;

(i) the abolition of a public research institution, its legal basis and the date on which the public research institution was withdrawn;

j) when a public research institution with liquidation entry into liquidation and the name and, where applicable, the name of the liquidator and the place of permanent residence in the Czech Republic, or residence abroad and residence in the Czech Republic,

(k) termination of the liquidation and the date on which the liquidation was completed;

(l) the merger of public research institutions with the fact that each public research institution which is being wound up shall be recorded as having ceased to be merged, and the name, registered office and identification number of the successor public research institution and the successor public research institution shall be recorded as having transferred over to it the assets and liabilities of the existing public research institution and the name, registered office and identification number of the existing public research institution or existing public research institutions;

(m) the merger of public research institutions, with the fact that the merging public research institutions shall be registered as having ceased to be merged, and the name, registered office and identification number of the successor public research institution resulting from the merger, and the successor public research institution shall be registered as having transferred to it the assets and liabilities of the merging public research institutions, and the names, offices and identification numbers of the merging public research institutions;

(n) the division of a public research institution, with the fact that the existing public research institution shall be recorded as having ceased to be divided, and the names, registered offices and identification numbers of the successor public research institutions and of each successor public research institution resulting from the division, shall be recorded as being constituted by the division, that the assets and liabilities of the merging public research institution referred to in the decision of the organiser on the division, the name, registered place and identification number of the merging public research institution, as well as the names, offices and identification numbers of the other successor public research institutions resulting from the division,

(o) a declaration of bankruptcy in respect of the assets of a public research institution, the name or, where applicable, the name, surname or company of the insolvency administrator and its registered office;

(p) cancellation of the bankruptcy and the date on which the bankruptcy was cancelled;

(q) refusal of insolvency proceedings for lack of assets;

r) notification of the commencement of execution on the property of a public research institution, the name or, where applicable, the name, surname of the executor and his place of residence in the Czech Republic, or his residence abroad and his residence in the Czech Republic,

(s) the amendment or deletion of the recorded facts;

t) other facts, if the law so provides.

(4) An application for registration of a public research institution in the register of public research institutions, a proposal for the registration of a change in the instrument of incorporation, a change in the designation and registered office of the State carrying out the function of founder, a change in the person of the director of the public research institution, a merger or division of a public research institution, the entry of a public research institution into liquidation and a proposal for its deletion from the register of public research institutions shall be made by the founder. In other cases, the director of a public research institution or its liquidator shall be the person entitled to apply for registration in the register of public research institutions.

(5) The application for registration shall be accompanied by documentary evidence proving the facts to be entered in the register of public research institutions and by documents which are incorporated in the collection of documents.

§ 7

(1) The procedure for the registration of a public research institution in the register of public research institutions, as well as the procedure for the registration of changes or erasure of facts so far, shall be followed in accordance with the administrative procedure (7), unless otherwise provided for in this law.

(2) The Ministry of Education, Youth and Sports will decide on the proposal for the registration of a public research institution in the register of public research institutions, as well as on the proposal for the registration of changes or deletion of existing facts, in the case of an application for registration of a public research institution, the public research institution will assign the identification number of the person provided by the administrator of the basic register of persons (7a) and shall register the public research institutions without undue delay.

(3) The Ministry of Education, Youth and Sports will reject the application for the registration of a public research institution in the register of public research institutions, if the conditions laid down by this Act for the establishment and creation or for the demise of a public research institution are not fulfilled if the public research institution is formed by a merger or division.

(4) Upon registration of an amendment to the instrument of establishment, the founder shall, without undue delay, draw up the full text of the instrument of establishment and transmit it to the Ministry of Education, Youth and Sports, which shall publish it in a manner which allows remote access.

§ 8

(1) The register of public research institutions includes a collection of documents containing:

(a) the instrument of incorporation and its amendments, the full text of the instrument of incorporation;

(b) annual reports;

(c) the accounts and audit reports of their verifications;

(d) proof of appointment, revocation or other means of termination of the office of Director and, where appropriate, of the liquidator, or of the grant or withdrawal of the mandate by the management of a public research institution;

(e) the signature of the Director or the person authorised by the Director to manage the public research institution and, where appropriate, the liquidator;

(f) decisions concerning the abolition of a public research institution;

(g) a report on the course of the liquidation and a report on the disposal of the property and liabilities of the public research institution;

(h) the decision to merge, merge or divide, or, where appropriate, to merge or merge,

(i) decisions of the court given under the bankruptcy law and methods of dealing with it;

(j) other documents on which this law provides.

(2) The Ministry of Education, Youth and Sports maintains a specific component for each registered public research institution in the Charter Collection.

(3) If one of the documents referred to in paragraph 1 is not deposited in the collection of documents, the Ministry of Education, Youth and Sports shall, as soon as it finds out, make a note of this in the collection of documents, invite the public research institution to forward to it the instrument to be established in the collection of documents without undue delay and notify the founder thereof.

(4) If the document to be deposited in the collection of documents is not drawn up in the Czech language, the Ministry of Education, Youth and Sports may request a translation of the document into the Czech language by an interpreter on the list of experts and interpreters 9). The authenticity of the signature and the stamp on the original of the documents submitted, issued abroad, must be verified. The request for translation by an interpreter included in the list of experts and interpreters and the requirement to verify the authenticity of the signature and stamp shall not apply to nationals of a Member State of the European Union or to legal persons having their registered office, official administration or principal place of business in a Member State of the European Union, unless there is doubt as to the accuracy of the translation or, where appropriate, the authenticity of the signature or stamp.

§ 9

(1) Obligations concerning the register of public research institutions shall be fulfilled by the person entitled to submit an application for registration or, where applicable, an erasure without undue delay after the operative event has occurred. The decisions of the court which are incorporated in the collection of documents shall be transmitted by the court to the Ministry of Education, Youth and Sports for incorporation in the collection of documents without undue delay from the date of the acquisition of legal power.

(2) If the Ministry of Education, Youth and Sports finds a discrepancy between the actual legal status and the registration status of public research institutions, it will call upon the public research institution to remedy it. If such a public research institution has not acted within the time limit set by the Ministry of Education, Youth and Sports, the court may, on a proposal from the Ministry of Education, Youth and Sports, decide to abolish and dispose of this public research institution if such a procedure is to protect the rights or the rights of protected interests of third parties.

(3) The registration of a public research institution and the subject of its activity, the registration of changes or erasure of facts still recorded, shall be notified by the Ministry of Education, Youth and Sports to the competent financialauthority (10), the authority performing the national statistical service8) and the authority which issued the trade licence or other business licence, no later than 1 week from the date of registration.

(4) Data from the register of public research institutions, including a collection of documents, shall be publicly available in paper and electronic form, including in a way that allows remote access and at the Public Administration Portal. Everyone has the right to consult and make copies or extracts of the register of public research institutions. The Ministry of Education, Youth and Sports shall, on request, issue an officially certified complete or partial copy of the minutes or documents deposited in the collection of documents, extract or certificate of a particular registration or that such registration is not in the register of public research institutions.

§ 9a

Change of the public research institution's founder

(1) The organisational component of a State exercising the function of a public research institution may agree with another organisational component of the State that the other organisational component of the State will be the new entity of the State, from the date agreed by the State's organisational units in the agreement. If it is the organizational component of the State of the Academy of Sciences of the Czech Republic concerned, approval by the Academic Assembly and the prior approval of the Board of Institutions concerned by the change is required for the change of the founder.

(2) The organisational component of a State which renders a public research institution an establishment under the Agreement referred to in paragraph 1 shall, within 3 days of the date on which it began to perform the function of the founder, the instrument of establishment and, within that period, submit a proposal for the registration of a change in the instrument of establishment and the designation and registered office of the organisational component of the State performing the function of establishment to the Ministry of Education, Youth and Sports. The application shall be accompanied by the agreement referred to in paragraph 1, which shall be included in the collection of documents.

ČÁST TŘETÍ

REPEAL AND ENFORCEMENT OF THE PUBLIC RESEARCH INSTITUTION

§ 10

Cancellation of a public research institution

(1) The termination of a public research institution is preceded by its abolition without liquidation or liquidation.

(2) The public research institution is hereby repealed.

(a) a decision by the founder to abolish a public research institution with liquidation;

(b) by a decision of the founder on the merger, on the merger, on the joint11) or on the division or, where appropriate, on the merger, on the merger or on the division between the organisers;

(c) the expiry of the period for which a public research institution has been set up;

(d) by achieving the purpose for which the public research institution was established;

(e) the rejection of an insolvency application for a lack of assets by a public research institution or the withdrawal of bankruptcy following the completion of a timetable order or the withdrawal of bankruptcy on the grounds that the assets of a public research institution are wholly inadequate; or

(f) by decision of the court.

(3) The public research institution shall be repealed in the cases referred to in paragraph 2 (a) and (b) on the date specified in the Decision. in the case of revocation pursuant to paragraph 2 (f), the date laid down in the judgment of the court, but first the date on which the decision becomes final.

§ 11

Cancellation of a public research institution without liquidation

(1) The merger brings to an end one or more public research institutions (hereinafter referred to as the "merging institutions") which are preceded by their abolition without liquidation; the assets and liabilities of the institution being acquired, including the rights and obligations arising from employment relationships, shall be transferred to another public research institution participating in a merger which shall not cease (the "successor institution ').

(2) The merger shall be decided by the founder after consultation with the Board of each of the public research institutions participating in the merger; If he is the founder of the Academy of Sciences of the Czech Republic, prior approval of each of the public research institutions participating in the merger and approval by the Academic Assembly is required to be merged. A merger decision shall contain the name, registered office and identification number of the institution being acquired, the name, registered office and the identification number of the successor institution. At the same time, the founder shall change the instrument of incorporation of the successor institution. If the merged institutions are set up by different bodies, the decision to merge replaces the Merger Agreement, which must further determine which of the founders will exercise the rights and obligations of the founder in relation to the successor institution. The latter shall amend the instrument of incorporation of the successor institution. If the merged public research institutions are established by the Czech Republic and the authority of the founder is exercised by the various organizational bodies of the State, they shall conclude a written agreement setting out which of them will exercise, on behalf of the Czech Republic, the rights and obligations of the founder. Such a body shall take a decision on the merger and, at the same time, amend the instrument of incorporation of the successor institution.

(3) The merger shall result in the disappearance of two or more public research institutions which are preceded by their abolition without liquidation; the assets and liabilities of the merging institutions, including the rights and obligations arising from employment relationships, are transferred to the emerging successor institution.

(4) The merger shall be decided by the founder after consultation with the Board of each of the public research institutions participating in the merger; If they fulfil the function of founder of the Academy of Sciences of the Czech Republic, the prior approval of each of the public research institutions participating in the merger and approval by the Academic Assembly is required. The decision of the merged entity shall include the name, registered office and identification number of the merging institutions. At the same time, the founder shall issue the instrument of incorporation of the successor institution. Where the institutions being wound up are set up by different bodies, the decision to merge shall replace the contract of incorporation of the merging bodies, which shall further determine which of the founders will exercise the rights and obligations of the founder in relation to the successor institution. The latter shall issue the instrument of incorporation of the successor institution. If the existing public research institutions are established by the Czech Republic and the authority of the founder is exercised by different organisational bodies of the State, they shall conclude a written agreement setting out which of them will exercise, on behalf of the Czech Republic, the rights and obligations of the founder. Such an authority shall issue a decision on the merger and, at the same time, issue the instrument of incorporation of the successor institution.

(5) The distribution of the public research institution is hereby terminated. Its demise shall be preceded by the abolition without liquidation, with the transfer of its assets and liabilities, including rights and obligations under labour law, to the successor institutions to the extent specified in the decision on division. The acquiring institution shall guarantee the liabilities that have been transferred to it as a result of the division up to the value of the assets acquired, less the amount of liabilities that have been transferred to it as a result of the division. Obligations not specified in the split decision shall be jointly and severally binding on the acquiring institutions.

(6) The division shall be decided by the body, after consulting the Board of the institution; If he is the founder of the Academy of Sciences of the Czech Republic, prior approval of the Board of Directors and approval of the Academic Assembly are required to be distributed. The division decision shall include the name, registered office and identification number of the institution being acquired, the identification of the assets and liabilities to be transferred to each of the successor institutions. At the same time as the decision on the division, the constituent body shall issue the instrument of incorporation of the successor institution.

(7) The legal effects referred to in paragraphs 2, 4 and 6 arise from the date of registration in the register of public research institutions.

Cancellation of a public research institution with liquidation

§ 12

(1) The dissolution of a public research institution and its entry into liquidation are decided by the founder after consultation with the Board of the institution; If he is the founder of the Academy of Sciences of the Czech Republic, the prior approval of the Board of Directors and approval of the Academic Assembly are required to be withdrawn.

(2) Save as otherwise provided in this Act, the provisions of the special legislation on the liquidation of commercial companies (12) shall apply when the public research institution is abolished.

(3) The balance of liquidation will go from the date of deletion from the register of public research institutions to the founder. The administrator shall bear the costs of the liquidation, including the costs of the liquidator's remuneration.

§ 13

(1) A decision on the abolition of a public research institution and its entry into liquidation may be taken by a regional court within the territory of which the public research institution has its registered office (hereinafter referred to as the "court") on the basis of a request from a person who certifies a legal interest if:

(a) not all public research institutions (Sections 16 to 19) have been established for more than 6 months;

(b) a member of the public research institution has ceased to be a member of that institution or its member more than six months ago without the appointment or election of that institution or member of that institution;

(c) neither meeting of the Board of Directors took place during the last 12 months of the existence of a public research institution;

(d) the public research institution shall not carry out the main activities listed in the instrument of incorporation for more than 6 months;

(e) a public research institution carries out another or other activity contrary to Paragraph 21 (3) or the conduct of another or other activity has repeatedly threatened the quality and scope of the main activity which the public research institution has been set up within a period of 6 months;

(f) a public research institution shall benefit from income from its activities or from its assets in breach of this law.

(2) The Court of First Instance may decide to abolish a public research institution and its entry into its liquidation and on its own motion, provided that such a procedure is in order to protect the rights or the rights of the protected interests of third parties and that no remedy is made in the absence of a dispute between the actual legal situation and the state of registration in the register of public research institutions following and within the time limits laid down by the Ministry of Education, Youth and Sports.

(3) The Court of First Instance shall set a time limit for the removal of the ground for which the cancellation of a public research institution has been proposed, if that reason is possible.

(4) The party to the proceedings shall be the public research institution, the founder and, where the proceedings are initiated on a proposal, the appellant.

Termination of a public research institution

§ 14

(1) The public research institution shall cease to exist on the date of the deletion of the public research institution from the register of public research institutions.

(2) The Ministry of Education, Youth and Sports will decide on the removal of the existing public research institution from the register of public research institutions without undue delay after a full proposal has been submitted to it and the conditions for the abolition of the public research institution provided for by this Act are fulfilled.

ČÁST ČTVRTÁ

SCOPE OF THE ORDER

§ 15

Establishment

(a) issue the instrument of establishment of a public research institution and decide to amend the instrument of establishment, submit the instrument of establishment and its amendments to the Ministry of Education, Youth and Sports;

(b) submit an application for registration of a public research institution in the register of public research institutions and for its removal from the register, proposing the date of registration in the register of public research institutions;

(c) deposit in a public research institution the assets necessary for the purpose for which the public research institution is established with the instrument of incorporation or amendment thereof; where, on behalf of the Czech Republic, the State's organisational body is the body of the State, only the assets of the Czech Republic with which the State's organisational body is responsible may be transferred to a public research institution and which is necessary to ensure the purpose for which the public research institution is established,

(d) decide to abolish a public research institution under the conditions laid down in Sections 10 to 12;

(e) in the event of the creation of a public research institution, by division, it shall decide which staff members shall go to the emerging public research institution;

(f) in the event of the cancellation of a public research institution with liquidation pursuant to Article 12, appoint the liquidator and approve the report on the course of the liquidation;

(g) appoint and dismiss the person entrusted with the management of a public research institution pursuant to § 5 (2), § 16 (2), § 17 (3),

(h) appoint and remove directors of a public research institution;

(i) appoint and dismiss members of the Supervisory Board of a public research institution (hereinafter referred to as "the Supervisory Board") and of a public research institution with which the Ministry or another central administration or body of which the body is the body of a local authority, external members of the Board of Directors of the institution;

(j) approve the Rules of Procedure of the Supervisory Board and its amendments and a report on the activities of the Supervisory Board;

(k) give prior written consent to legal acts of a public research institution referred to in Article 19 (1) (b) (1) to (6);

(l) propose the removal of an elected member of the Board of Directors in the event of repeated non-compliance with the responsibilities of the Board of Directors.

ČÁST PÁTÁ

PUBLIC RESEARCH INSTITUTIONS

§ 16

(1) The public research institution is:

(a) the Director;

(b) the board of the institution;

(c) the Supervisory Board.

(2) The bodies of a public research institution must be established within 6 months of its establishment. Pending the establishment of public research institutions, the person entrusted with the management of a public research institution (Section 5 (2)) shall exercise their rights and duties.

(3) The functions of the Director and the function of a member of the Board of Directors of the institution are not compatible with those of the Supervisory Board of the same public research institution.

(4) The costs of the activities of public research institutions, the costs of carrying out duties in these bodies, the remuneration of directors and the remuneration of members of other public research institutions shall be borne by the public research institution.

(5) The Board of Institutions and the Supervisory Board are capable of a resolution if an absolute majority of its members are present. If the internal regulation of a public research institution does not provide for a higher requirement, the consent of the simple majority present shall be required to decide. Other matters shall be governed by the rules of procedure of the Board of Directors and those of the Supervisory Board.

(6) The members of the institutions, including the Director of a Public Research Institution, are obliged to remain silent on the facts with which they come in connection with the performance of the duties of a member of a public research institution body, laid down in specific legislation13). Infringement of this obligation may constitute grounds for withdrawal from office of a member of a public research institution.

§ 17

Director

(1) Director

(a) is a statutory body of a public research institution;

(b) decide on all matters of public research institutions, unless they are entrusted by this law to the Board of Directors of the institution, the Supervisory Board or the founder;

(c) ensure proper keeping of accounts;

(d) submit a draft annual report to the Board of Directors and the Supervisory Board after the audit of the accounts;

(e) transmit the accounts certified by the auditor and the annual report approved by the Supervisory Board to the founder;

(f) submit to the provider: 14) the proposals for research, development and innovation projects discussed by the Board of Institutions,

(g) submit to the Board of Institutions proposals relating to the budget of a public research institution and its amendments and to the internal rules of the public research institution, with the exception of the Rules of Procedure of the Supervisory Board, and their amendments;

(h) submit proposals to the Board of the institution for amendments to the instruments of incorporation; it shall, after consulting them, transmit them to the body,

(i) submit to the Supervisory Board for approval draft legal acts for which prior written agreement of the Supervisory Board is required pursuant to Article 19 (1) (b);

(j) issue internal rules pursuant to § 20 (1) (c) to (e).

(2) The Director shall be appointed by the Director on the basis of a selection procedure. The selection board members shall be appointed by the founder, of which at least half, on a proposal from the Board of the institution or from among its members. The Director may be dismissed by the Director on a proposal from the Board of Directors of the institution or the Supervisory Board or by his own decision. Before appointing or withdrawing the Director, the Director shall discuss his or her intention with the Board of Directors and the Supervisory Board. In the event that the Director no longer fulfils the conditions for the performance of the duties laid down in this Act, the Board of Directors shall propose to the Director the appeal of the Director without undue delay after he becomes aware of this fact.

(3) In the period up to the appointment of the Director referred to in paragraph 2, the person entrusted with the management of the public research institution shall, to the extent necessary, be responsible.

(4) The Director may only be a natural person who:

(a) is eligible for legal action;

(b) have not been convicted of a criminal offence in force (15), the nature of which relates to the subject matter of a public research institution, or of an economic or criminal offence against property;

(c) it has not been penalised in the last three years under specific legislation governing the pursuit of professional activities relating to the subject of the activity of a public research institution16).

(5) Compliance with the conditions referred to in paragraph 4 (c) shall be demonstrated by the applicant for the post of Director by a declaration of honour; compliance with the conditions referred to in paragraph 4 (b) shall be demonstrated by an extract from the criminal register (17) not earlier than 3 months. If the candidate is not a national of the Czech Republic, he shall prove that the conditions laid down in paragraph 4 have been met by an honorary declaration.

(6) The Director shall not be a member of the management or control bodies of legal persons engaged in business activities and shall not participate in the business of legal persons active in an area which is the subject of the activities of a public research institution. That restriction does not apply to the management of own property.

(7) Other gainful activities may be carried out by the Director under the Labour Code with the prior written consent of the founder (18).

(8) The Director may be chairman of the Board of the institution or its member. If the Director is not a member of the Board of the Institution, he shall be entitled to attend meetings of the Board of the Institution without the right to vote.

(9) The term of office of the Director shall be five years. The same person may hold the office of Director for a maximum of 2 consecutive terms of office. The Director shall perform this function in an employment capacity.

§ 18

Board of Institutions

(1) The Board of the Institution shall consist of the President, Vice-President and other members of the Board of the Institution. The Chairperson of the Board of the Institution and the Vice-Chair of the Board of the Institution, who shall represent the Chairperson in his absence, shall be elected and removed by the Board of the Institution.

Citation	Act No. 341 / 2005 Coll., on Public Research Institutions
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	13.09.2005
Effective from	13.09.2005
Effective until	-
Status	Valid

Act No. 341 / 2005 Coll.

Act on Public Research Institutions

Contents