Decree No. 35 / 1945 Coll.
Dekret of the President of the Republic on the temporary limitation of deposit payments for monetary institutions (money undertakings) in the border territory
Valid
Effective from 01.08.1945
35.
Decret of the President of the Republic
of 31 July 1945
on the temporary limitation of deposit payments for monetary institutions (money undertakings) in the border territory.
On the proposal of the Government,
(1) Money institutions and money undertakings established in the border territory of the Czech and Moravian-Silesian countries, as well as branches of the Reichsgerman monetary institutions and of the money undertakings therein, may not pay or effectively transfer more than:
(a) 5% of the claim in the current account according to its status on 31 July 1945; However, if this 5% amount does not reach 1,500 K, the maximum amount shall be that amount;
b) 500 K from the deposit on the deposit book (deposit note) or the ticket.
(2) Where payments are made to one creditor from all of his current accounts and holding books, deposit notes or treasury bills, made in accordance with paragraph 1, amount of 100,000 K, further payments may be made only if the creditor proves to the satisfaction of the creditor the proper way in which the amounts deposited are acquired. The Directive on this card will be issued by the Ministry of Finance.
(3) Payments are made only if legal persons submit a bill of lading and physical persons a household ticket for food rations. Payouts are noted on these cards. The bill of lading for legal persons shall be issued by the relevant local national committee under the Ministry of Finance guidelines.
(1) The payment (transfer) of an amount higher than that provided for in Article 1 is admissible if the application is supported by a creditor (depositor) only by:
(a) the salaries and wages of employees in their own undertaking by creditors or for the payment of rent by the creditor;
(b) from current accounts, in addition to the free amount referred to in § 1 (1) (a), an additional 30% of the claim on 31 July 1945 during four weeks to restore the operation of the undertaking or during the same period an additional 20% to maintain the operation of the undertaking;
(c) the payment of taxes and public benefits; However, this payment shall be made directly by the monetary institution to the competent authority;
(d) current accounts of the State;
(e) from current accounts of countries, districts, municipalities, public-law social insurance institutions and other public-law corporations and funds for the necessarily necessary salaries, provided that they have no other funds available and that they sign the vouchers in addition to the persons appointed to dispose of such accounts, as well as the authorised representatives of these volumes of territorial government, corporations and funds;
(f) the payment of insurance premiums in the field of public social insurance and the payment of insurance premiums to private insurance undertakings;
(g) money deposited immediately at the order of the court or tribunal;
(h) of the money deposited by national administrators or other similar agents, as well as lawyers, public notaries or forced administrators, if they need them to comply with judicial measures or decisions.
(2) The payment (transfer) of a higher amount is also permitted if the cash institution is a demonstrably creditor (depositor) and if it proves, in a credible manner, that it is urgently needed in order to satisfy its own creditors (depositors) under this decree and to fulfil the necessary obligations arising from the credit obligations assumed.
(3) The payment (transfer) of amounts higher than those provided for in § 2 (1) (b) admitted is permitted if it is demonstrated that the funds necessary to restore the operation of an undertaking are strictly of a national economic importance, for the payment of transport charges, as well as for the measures of raw materials and goods for the creditor's undertaking to the normal extent, and provided that the creditor's funds are not sufficient. However, the creditor is not entitled to pay this higher amount.
Restrictions under this Decree shall not apply to:
(a) the payments of claims in the current account and deposits in the holding books (deposit notes) or in the treasury bills which, as far as they are concerned, were deposited on or after 1 August 1945;
(b) payments of amounts which may have been but have not been requested by the depositor pursuant to Paragraph 1;
(c) transfers from the current account to the current account of the same money institution, but the amounts transferred if they exceed the rate laid down in paragraphs 1 and 2, paragraphs 1 and 2, shall remain bound by this decree;
(d) accounting transfers which depend on the transfer of the current account or from the holding book of the debt due to its creditor on its own account to pay the liabilities due to the same creditor to itself.
The right to insist on a contractual notice period or other arrangements which are more favourable to it is not affected by the provisions of § § 1 to 3.
(1) Payments (transfers) under the previous provisions are not permitted to persons who are statetically unreliable.
(2) Such are the people who understand.
(a) persons of German or Hungarian nationality, with the exception of those who prove to have remained faithful to the Czechoslovak Republic, have never been guilty against the Czech and Slovak peoples and have either been active in the fight for their liberation or suffered under Nazi or fascist terror; or
(b) persons engaged in activities against the sovereignty, independence, integrity, democratic-Republican state form, the security and defence of the Czechoslovak Republic, who have been inciting such activities or other persons of their own volition and deliberately supporting the German and Hungarian occupants in any way;
(c) legal persons who apply mutatis mutandis to the principles referred to in points (a) and (b), except those to which the national administration is established under the decree of the President of the Republic of 19 May 1945, No 5 Coll.
(3) Specific rules apply to the payment of (transfers) deposits to stateless persons.
(1) The Minister of Finance is hereby authorised to take appropriate measures to enable the monetary institutions (money undertakings) to fulfil their obligations in the currency of the crown. At the same time, it is empowered, according to the money market ratios, to increase or reduce the rates and amounts referred to in Sections 1 and 2 accordingly by the Decree in the Collection of Laws and Regulations.
(2) The Ministry of Finance is hereby authorised to authorise exemptions from the provisions of Sections 1 to 3 in cases of urgent economic need.
(3) The processing of an application for authorisation for such an exemption, as well as other official acts, shall be exempt from benefits for official acts in administrative matters.
(1) The money institution (s) or its national administrator or member of the national administration, after the case of another delegate or agent who knowingly infringes the rules of that decree by making a payment (transfer) to a person who is unreliable or above the permissible amount, or knowingly circumventing them by granting a deposit credit, with the money institution (s) deposited (i.e. from the compensation loan) or otherwise; or
who, by knowingly incorrect or incomplete indication of facts, in particular in an application submitted pursuant to Paragraph 6, or by submitting false documents, lures out the payment (transfer) to a person who is State-of-the-art or higher than that decree allows,
he shall be punishable, not by an offence which is more strictly punishable under other provisions, for a severe pension offence by a fine up to ten times the amount of illegal payment and cannot be determined by a fine of up to 1,000,000 K.
(2) The trial of the offences referred to in paragraph 1 shall also be criminal.
(3) If there is a penalty imposed by this decree, which is impenetrable, a replacement sentence shall take place from one day to one year. The prison penalty shall be set at one day for 100 K to 300 K according to the guilty rate and according to the pension, property and other personal circumstances of the guilty party.
(4) The defendant does not have a legal claim to drop the criminal proceedings.
(5) The penalty for offences shall be limited in three years, beginning on the day on which the offence was committed.
(6) Retirement courts and law enforcement authorities assess the evidence made at their discretion.
(7) Otherwise, the provisions of the 1835 pension penal law with accessories and regulations issued to it apply to the prosecution and punishment of offences.
This decree takes effect on 1 August 1945 and applies in the Czech and Moravian-Silesian countries; It shall be implemented by the Finance Minister in agreement with the Ministers involved.
Dr Beneš v. r.
Fierlinger v. r.
Dr. Šrobár v. r.
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Regulation Information
| Citation | Decree No. 35 / 1945 Coll., on the transitional limitation of deposit payments for monetary institutions (financial undertakings) in border territory |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.08.1945 |
|---|---|
| Effective from | 01.08.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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