Act No. 364 / 2000 Coll.
Act on the abolition of the Fund of Children and Youth and on amendments to certain laws
Valid
Law
Effective from 01.12.2000
364
THE LAW
of 14 September 2000
repealing the Fund for Children and Youth and amending certain laws
Parliament has decided on this law of the Czech Republic:
REPEAL OF THE FUND OF CHILDREN AND YOUTH
1. On 1 December 2000, the Fund for Children and Youth shall be repealed and shall enter into liquidation on that date and the Government shall appoint a liquidator on a proposal from the Chamber of Deputies. The government, acting on a proposal from the Chamber of Deputies, will withdraw the liquidator, even without giving any reason. If the liquidator is withdrawn, the government will appoint the liquidator on a proposal from the Chamber of Deputies. At the date of entry into liquidation, the term of office of all members of the Committee and the Supervisory Board of the Fund for Children and Youth shall end and the authorisation of the Director of the Fund for Children and Youth shall be transferred to the liquidator.
2. On 1 December 2000, the Court of First Instance shall, on its own motion, register the entry into liquidation of the Fund of Children and Youth and, for the duration of the liquidation, the Fund of Children and Youth shall be referred to as the Fund of Children and Youth "in liquidation '(" the Fund').
3. The liquidator shall report to the Chamber of Deputies and the Ministry of Finance every 6 months from 1 December 2000.
4. The liquidator acts on behalf of the Fund on all matters and, in the exercise of his or her duties, manages the assets of the Czech Republic managed by the Fund, fulfils the Fund's obligations, applies the Fund's claims, accepts the Fund's performance, represents the Fund before the courts and other institutions, concludes reconciliation and agreements to amend and terminate the Fund's rights and obligations. The new liabilities of the Fund may be assumed by the liquidator on behalf of the Fund only in direct connection with the termination of outstanding liabilities.
5. The liquidator proceeds in the settlement of the assets of the Czech Republic, the rights and obligations of the Fund existing at the date of entry into force of this Act in cooperation with the Government and the Ministry of Finance as follows:
(a) establish a winding-up balance sheet at the date of the Fund's entry into liquidation. The winding-up balance sheet must be presented within 60 days of the date of the Fund's entry into liquidation to the Ministry of Finance for observations. The balance sheet must be audited by the auditor,
(b) transfer a part of the assets under the management of the Fund free of charge to civil associations of children and youth, schools and educational establishments, or local authorities, in accordance with the resolution of the Chamber of Deputies adopted on a proposal from the Government, for which those persons shall request the liquidator in writing by 28 February 2001. To this end, the liquidator shall issue a tender before 15 December 2000. The conditions for the selection procedure shall be laid down by the Government by its resolution,
(c) transfer the remaining part of the assets under the management of the Fund and the shares of the Fund in other legal entities to other persons on a competitive basis;
(d) the part of the assets to be managed by the Fund which has not been transferred under (b) or (c) before 1 March 2002 shall be transferred free of charge to the civil associations of children and youth, civil associations dealing with physical and sports, schools and educational establishments, or local authorities, in accordance with the resolution of the Chamber of Deputies adopted on a proposal from the Government, provided that such persons request the liquidator to transfer the property by 30 April 2002. To that end, the liquidator shall issue a new selection procedure by 31 March 2002. The conditions for the selection procedure shall be laid down by the Government by a resolution. For the remainder of the assets to which the Fund belongs, point (c) shall apply mutatis mutandis following the decision of the Chamber of Deputies on free transfers,
e) the property Senováňný square no. 977, Prague 1, including the land parkytní no. 142 v. ú. New town, the property Česká ul. č. 166, Brno, including the land parkých no. 609 v.
(f) the part of the assets to be managed by the Fund which, before 1 October 2003, has not been transferred under points (b), (c), (d) or (e) shall be transferred free of charge to the civil society associations of children and youth, civil associations dealing with physical and sports, schools and educational establishments, or to the local authorities, in accordance with the resolution of the Chamber of Deputies adopted on a proposal from the Government, provided that such persons request the liquidator in writing for the transfer of such property by 29 February 2004. To this end, the liquidator shall issue a new tender until 31 January 2004. The conditions for the selection procedure shall be laid down by the Government by a resolution. For the remainder of the assets to which the Fund belongs, point (c) shall apply mutatis mutandis following the decision of the Chamber of Deputies on free transfers,
(g) the shares in the management of the Fund shall be monetized on the public market if they lend to shares which are publicly negotiable; the other shares, subject to prior approval by the Ministry of Finance, shall be monetized through a public auction agent,
(h) settle claims and liabilities of the Fund;
(i) transfer the liquidation balance to a special account held by the Ministry of Finance, where it will be deposited in the issuing of a special legislation by which the government, on a proposal from the Ministry of Education, Youth and Sports, will determine its use to support the work of children and youth;
(j) draw up the winding-up accounts and report on the liquidation of the Fund at the end of the liquidation period and submit them to the Ministry of Finance.
6. If the Fund is not removed from the Commercial Register after the end of the liquidation by 31 December 2004 on a proposal from the liquidator, on 1 January 2005 the rights and obligations of the Fund, including the rights and obligations arising from outstanding legal disputes, shall be transferred to the Czech Republic, on whose behalf the Ministry of Finance will act on these matters, and the same date the assets of the Fund shall be subject to the right to dispose of that property in accordance with the specific legislation governing the disposal of the property of the Czech Republic. In this case, the liquidator shall, on the same date, prepare the financial statements and report on the current course and state of liquidation. The costs of completing the settlement of the Fund's rights and obligations shall be borne by the Ministry of Finance.
7. The amount of the liquidator's remuneration shall be determined by the Ministry of Finance; its remuneration shall be paid by the Fund. The liquidator's activities are controlled by the Ministry of Finance. At least once a year, the Minister of Finance shall report to the Government on the course of the liquidation.
8. Within 1 month of the end of the liquidation of the Fund, the Government shall submit a report to the Chamber of Deputies on the progress and outcome of the liquidation of the Fund.
9. Unless otherwise provided for in this law, the provisions of § 70 to 75 of the Commercial Code shall apply to the liquidation of the Fund.
10. From 1 January 2001, the Fund has the status of a state organization and, unless otherwise provided for in this Act, special legislation governing the management of the property of the Czech Republic shall apply to the assets under the Fund's administration.
11. If the Fund does not cease to exist after the end of the liquidation by deleting it from the Commercial Register on a proposal from the liquidator by 31 December 2004, the Court of First Instance shall, on 1 January 2005, withdraw the Fund from the Commercial Register.
Amendment to the Children's and Youth Fund Act
In Act No. 113 / 1993 Coll., on the Fund for Children and Youth, as amended by Act No. 307 / 1997 Coll. and Act No. 220 / 2000 Coll., Sections 2, 5 and 6 are deleted.
Amendment of the Act on amendments to certain laws in connection with the adoption of the Act on Property of the Czech Republic and its presentation in legal relations
In Act No. 220 / 2000 Coll., on amendments to certain laws in connection with the adoption of the Act on the Property of the Czech Republic and its Act on Legal Relations, Part Twenty-first Article XXIII is hereby repealed.
REPEAL PROVISIONS
They shall be deleted:
(a) Act No. 113 / 1993 Coll., on the Fund for Children and Youth,
(b) Act No. 307 / 1997 Coll., amending and supplementing Act No. 113 / 1993 Coll., on the Fund of Children and Youth.
EFFECTIVE
This Law shall take effect on 1 December 2000, with the exception of Part Three and Part Five, which shall take effect on 1 January 2005.
Klaus v. r.
Havel v. r.
Zeman v. r.
1) Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended.
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Regulation Information
| Citation | Act No. 364 / 2000 Coll., on the abolition of the Fund of Children and Youth and on amendments to certain laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.10.2000 |
|---|---|
| Effective from | 01.12.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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