Act No. 42 / 1980 Coll.
Foreign Economic Relations Act
Valid
Effective from 01.07.1980
42
THE LAW
of 10 April 1980
on economic relations with foreign countries
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
INTRODUCTORY PROVISIONS
The central authorities cooperate with each other in the exercise of their powers under this law to ensure the implementation of state economic policy and to protect the commercial political interests of the Czechoslovak Socialist Republic in accordance with the obligations arising from the international legal relations of the Czechoslovak Socialist Republic.
For the purposes of this Act:
(a) Czechoslovak persons are legal persons having their registered office and natural persons residing in the territory of the Czechoslovak Socialist Republic; foreign persons means other legal and natural persons;
(b) service means the performance of an undertaking the object of which is an economic activity provided for remuneration; the service is not an activity provided on the basis of an employment relationship;
Foreign trade enterprises
(1) The foreign trade undertaking is a legal entity established to conduct a foreign trade activity which is responsible for the breach of its obligations and other obligations by its own property.
(2) The foreign trade undertaking is not liable for the obligations of the State or of other legal entities, and the State and other legal entities are not liable for the obligations of the foreign trade undertaking; This shall be without prejudice to any liability arising in accordance with the relevant provisions.
(3) Foreign trade undertakings are set up by the Federal Ministry of Foreign Trade after consulting the competent national committee. In determining the non-foreign business as part of the core business of the foreign trade undertaking, the Federal Ministry of Foreign Trade shall seek the approval of the competent authority of the State administration of that part of the business, where specific provisions require such approval. The instrument of incorporation of the foreign trade undertaking shall contain in particular its name, registered office, person identification number, date of establishment, definition of the basic object of the business and amount of the capital. The establishment of a foreign trade enterprise shall be entered in the company register. The eligibility of a foreign trade undertaking to acquire rights and undertake to acquire rights arises on the date of registration in the company register. The application for registration of an undertaking in the company register shall be submitted by the Federal Ministry of Foreign Trade, which shall accompany such a proposal.
(a) the instrument of incorporation;
(b) the consent of the competent authority of the State administration to the subject of business, where the specific provision requires such approval.
(4) The Federal Ministry of Foreign Trade shall act as economic management body in respect of a foreign trade undertaking under the conditions and to the extent laid down by law and in this capacity, shall control the economic and social activity of the undertaking.
(1) The State creates the conditions for the business activity of an undertaking in foreign trade and regulates this activity in particular by legislation.
(2) The activity and territorial scope of an undertaking may be restricted or intervened under the conditions and in the manner laid down by law.
(1) The Head of the Foreign Trade Company shall be the Director-General, who shall be the sole head of the business, and shall be responsible for it and its results to the Federal Ministry of Foreign Trade; acting as a statutory body on behalf of an undertaking. The Director-General shall be appointed and removed by the Minister for Foreign Trade. The Director-General shall appoint and withdraw his Deputy Directors who are the statutory bodies of the Foreign Trade Company. The Director-General and his Deputy Directors shall be entered in the company register as statutory bodies of the foreign trade undertaking. Eligibility to act on behalf of a foreign trade undertaking shall be acquired by the Director-General and his Deputy Director on the date of appointment. The effects of the termination of their duties vis-à-vis third parties shall take place from the date on which the amendments are registered.
(2) The internal organisation of the foreign trade undertaking and the organisation of internal management is within the exclusive competence of the undertaking. The internal organisation of a foreign trade undertaking shall be governed by the rules of organisation and, where appropriate, other corporate organisational regulations. The word "undertaking 'or" organisation' shall not be used in the designation of the internal organisational unit of the foreign trade undertaking. The foreign trade undertaking may determine which internal organisational units shall be entered in the company register as split plants. The head of the fissile plant shall be entered in the company register and shall be entitled to do all legal acts concerning the fissile plant on behalf of the undertaking.
(3) The foreign trade undertaking shall ensure that its assets are fully, effectively and economically used and protected. The Federal Ministry of Foreign Trade shall, in agreement with the Federal Ministry of Finance and the State Bank, amend the details of the management of the property of foreign trade enterprises by the Czechoslovak general law.
(4) The foreign trade undertaking shall keep the accounts prescribed, draw up the annual accounts and provide them to the competent authorities of the State. Review of the annual accounts of the foreign trade undertaking shall be carried out by an expert or, where appropriate, by an expert group designated by the Federal Ministry of Foreign Trade or by a verifier (auditor). The costs of the examination shall be borne by the undertaking.
(5) Foreign trade undertakings shall cooperate in their economic and social activities with the relevant national committees and participate in the comprehensive economic and social development of their territorial districts in the manner and under the conditions laid down by law. It shall also cooperate closely with the relevant national committee in implementing environmental protection measures.
(1) The Federal Ministry of Foreign Trade decides to abolish, divide, merge and merge foreign trade undertakings and to change the subject matter of their business; The first and second sentences of Paragraph 13 (3) shall apply mutatis mutandis. The measure referred to in the previous sentence shall be expressed by the relevant trade union body. The Federal Ministry of Foreign Trade may also change their name, registered office and capital. The divisive enterprise shall cease to exist and its assets and liabilities and rights shall, to the extent specified by the Federal Ministry of Foreign Trade, be transferred to the newly created or, where appropriate, the acquiring foreign trade undertakings. The merged undertaking shall cease to exist and its assets, rights and obligations shall be transferred to the receiving foreign trade undertaking. When companies are merged, the existing foreign trade undertakings cease to exist and their assets, rights and obligations are transferred to the newly created foreign trade undertaking.
(2) The cancellation, division, merger or merger of a foreign trade undertaking or the change of its capital must not be detrimental to the creditors of a foreign trade undertaking. The revocation, division, merger or merger of foreign trade undertakings or the alteration of their capital shall take effect from the date of registration in the company register. The application for registration is filed by the Federal Ministry of Foreign Trade.
(3) In the absence of a decision to transfer a claim to a divided foreign trade undertaking, the creditor may claim against any of the undertakings resulting from the division of the foreign trade undertaking and shall be jointly and severally liable.
(4) When the foreign trade enterprise is abolished, the Federal Ministry of Foreign Trade shall decide on the transfer of rights and obligations of the abolished foreign trade undertaking to another Czechoslovak legal person or on the execution of its property liquidation. In order to decide on the transfer of rights and obligations of the repealed foreign trade undertaking to a Czechoslovak legal person other than the foreign trade undertaking, prior consent of the transferee is required.
(1) The purpose of the asset liquidation (hereinafter referred to as "liquidation") of the undertaking is to settle the assets of the company being wound up.
(2) The company will cease to exist after liquidation by deleting the company from the company register.
(1) The undertaking proposes the registration of its liquidator and liquidator or liquidators (hereinafter referred to as the liquidator) which it has appointed in the company register. During the period of liquidation, it uses its name with the addition "in liquidation."
(2) The date on which the liquidator was registered shall be the date on which the company's authorities cease to exist. The liquidator shall be entitled to act on behalf of the undertaking in matters relating to liquidation.
(1) On the date of the start of the liquidation, the undertaking shall draw up the accounts and forward them to the liquidator and the competent authorities.
(2) The liquidator shall, within 30 days of its registration, draw up an opening balance sheet at the date of the start of the liquidation and forward it to the Federal Ministry of Foreign Trade, together with a liquidation plan, a liquidation budget and an inventory of the extraordinary inventory of the economic resources carried out at the date of the start of the liquidation.
(3) The liquidator must in particular:
(a) to concentrate money on one Czechoslovak money institution;
(b) complete normal matters;
(c) to settle taxes and charges;
(d) settling liabilities and debts;
(e) to monetize or otherwise dispose of the property of the undertaking in the most economical and fastest manner, as decided by the Federal Ministry of Foreign Trade;
(f) submit quarterly and annual reports on the course of the liquidation to the Federal Ministry of Foreign Trade, supported by quarterly and annual accounts.
(1) The liquidator shall draw up the accounts at the end of the liquidation and submit them to the Federal Ministry of Foreign Trade for approval, together with a final report on the entire course of the liquidation.
(2) Liquidator after verification and clearance of accounts by the Federal Ministry of Foreign Trade and after fulfilment of tax obligations
(a) dispose of the final balance of the liquidation as decided by the Federal Ministry of Foreign Trade;
(b) ensure secure storage of the file material and accounting documents;
(c) notify the Court of First Instance of the termination of the liquidation of the application for the removal of an undertaking from the company register.
The liquidation of an undertaking in overindebtedness shall be governed by specific rules. 9d)
Foreign purpose trading organisations
(1) In order to ensure the development and implementation of foreign trade activities, in particular to concentrate certain professional activities, the Foreign Trade Minister of the Czechoslovak Socialist Republic establishes and abolishes special purpose foreign trade organisations.
(2) General rules on state organisations apply mutatis mutandis to the establishment, transfer, merger, distribution and cancellation of special-purpose foreign trade organisations.
COMMERCIAL AND INDUSTRIAL COMPETITION
CZECH TRADE AND INDUSTRIAL COMMISSION
(1) The Czechoslovak Chamber of Commerce and Industry is active to promote the development of Czechoslovak economic relations abroad.
(2) The Czechoslovak Chamber of Commerce and Industry is a legal person bringing together Czechoslovak persons engaged in foreign economic activities or related production and other economic activities.
(3) The seat of the Czechoslovak Chamber of Commerce and Industry is Prague. Its regional authorities may operate in different areas of the Czechoslovak Federal Republic according to the interests of their members.
Czechoslovak Chamber of Commerce and Industry in the exercise of its competence also
(a) provide expert advice and other assistance to its members;
(b) disseminate knowledge of the economy, economic conditions and legislation relating to economic relations with foreign countries and, accordingly, disseminate and disseminate informative and professional publications;
(c) issue certificates concerning matters relevant to legal relations arising from international trade; such certificates shall be authentic.
(1) The highest body of the Czechoslovak Chamber of Commerce and Industry is the general meeting of members, which in particular adopts the Statutes of the Czechoslovak Chamber of Commerce and Industry and sets out the guidelines for its activities and the amount of the membership contributions.
(2) The General Meeting is eligible for a quorum if an absolute majority of the members are present. act by an absolute majority of the members present.
(3) In the period between meetings of the General Meeting, the Czechoslovak Chamber of Commerce and Industry is managed by a board elected by the General Meeting for five years.
(4) On behalf of the Czechoslovak Chamber of Commerce and Industry, the President, individual Vice-Presidents or Secretary-General, who are elected by the General Assembly, acts as a statutory body.
Details of the activities of the Czechoslovak Chamber of Commerce and Industry, membership, rights and obligations of members, its management and organisation are determined by the Statutes approved by the Government of the Czechoslovak Socialist Republic on a proposal from the Federal Ministry of Foreign Trade.
DECISIONS BY THE CIVIL TRADE AND INDUSTRIAL COMMISSION COURT
(1) The arbitration panel acts in the Czechoslovak Chamber of Commerce and Industry as a permanent independent body for disputes over property claims by independent arbitrators under the rules on arbitration in international trade.
(2) The Bureau elected by the Board of the Czechoslovak Chamber of Commerce and Industry for a term of three years shall be the head of the arbitration panel. The Bureau of the arbitration panel shall be competent to give a quorum if an absolute majority of its members are present; act by an absolute majority of the members present.
(3) The Bureau of the arbitration panel shall consist of the President, Vice-Presidents and Members. The Bureau shall elect a President and Vice-Presidents who shall act on behalf of the arbitration panel.
The organisation of the arbitration panel and the proceedings before it shall be governed by the order of the arbitration panel which, on a proposal from the Bureau of the arbitration panel, declares the Federal Ministry of Foreign Trade in the Collection of Laws.
SPECIFIC AND JOINT COMMERCIAL COMMERCIAL COMPETITION
(1) Czechoslovak persons may agree to establish a special Chamber of Commerce for the Development of Economic Relations with Foreign Affairs in a particular sector.
(2) Czechoslovak persons may agree with foreign persons to establish a Joint Chamber of Commerce for the Development of Economic Relations in relation to a State or several States.
(3) Special and mixed chambers of commerce may be established only with the approval of the Federal Ministry of Foreign Trade.
(4) Details of the activities of the special and mixed chambers of commerce referred to in paragraphs 1 and 2, membership, rights and obligations of members, their management and organisation shall be determined by the statutes approved by the Federal Ministry of Foreign Trade.
(1) The Federal Ministry of Foreign Trade may set up a special or mixed Chamber of Commerce to develop economic relations with a particular sector or with a particular State or several States.
(2) The decision to establish a special or mixed Chamber of Commerce shall include in particular its name, registered office, subject matter and date of establishment.
(3) The organisation of special and mixed chambers of commerce established under paragraph 1 shall be governed by the Statute issued by the Foreign Trade Minister of the Czechoslovak Socialist Republic.
Special and mixed chambers of commerce shall be entered in the company register.
NON-TRADE EXPORTS AND IMPORTS
PROTECTION OF TRADE OF POLITICAL INTEREST
MANAGEMENT OF THE FOREIGN TRADE POLICY
Federal Ministry of Foreign Trade
(a) propose to the Government of the Czechoslovak Socialist Republic the principles of a single foreign trade policy;
(b) conduct a single foreign trade policy in contact with the competent authorities of other States;
(c) manage and control the implementation of the single foreign trade policy in the context of the activities covered by this law and in other areas of economic relations with foreign countries; to that end, it shall lay down the rules and take the necessary measures.
(1) Foreign trade undertakings established under the current rules shall be regarded as foreign trade undertakings under this Act.
(2) Authorisations or authorisations for foreign economic activities, non-commercial exports and imports and for the establishment of organisational units of Czechoslovak legal entities abroad granted under current regulations shall be considered as authorisations under this Act.
This Act shall take effect on 1 July 1980.
Husák v. r.
Indra v. r.
Strougal v. r.
1) Article 14 of the Economic Code.
2) Act No. 243 / 1949 Coll., on Equity Companies.
3) Article 636 of the International Trade Code.
4) Article 521 of the International Trade Code.
5) § 2 (a) and (b) of Act No. 123 / 1965 Coll., on the Czechoslovak Press Office.
6) Act No. 142 / 1970 Coll., on Foreign Exchange Economy.
7) Act No. 144 / 1970 Coll., on the State Bank of Czechoslovakia.
8) Act No. 118 / 1975 Coll. and Act SNR No. 133 / 1975 Coll., on advocacy.
9) Act No. 36 / 1967 Coll., on Experts and Interpreters.
9a) § 600 to 624 of the International Trade Code.
9b) Act No. 158 / 1989 Coll., on banks and savings banks.
9c) § 26a et seq. of the Economic Code.
9d) § 352 to 354 of Act No. 99 / 1963 Coll., Civil Code, as amended by the regulations amending it and supplementing it.
10) Paragraph 44 (1) (b) of Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act).
11) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
12) For example Decree of the Minister of Foreign Trade No 312 / 1953 Ú. l., on the establishment of Strojexport, a foreign trade undertaking for the export of machinery and machinery, as amended, and Decree of the Minister of Foreign Trade No 74 / 1971 Coll., on the establishment of Omnie, a foreign trade undertaking.
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Regulation Information
| Citation | Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.04.1980 |
|---|---|
| Effective from | 01.07.1980 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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