Decree of the Ministry of Finance No. 47 / 1964 Coll.
Ministry of Finance Decree on monetary services to citizens
Valid
Effective from 01.04.1964
47
DECLARATION
Ministry of Finance
of 9 March 1964
on monetary services to citizens
In agreement with the Ministry of Justice, the Ministry of Finance provides for the implementation of § 325 to 344 of Civil Code No. 40 / 1964 Coll. and § 17 and 22 of Act No. 84 / 1952 Coll., on the organisation of money:
General provisions
(1) This decree provides for the provision of monetary services to citizens provided by banks, savings banks or other organisations (hereinafter referred to as "organisations') authorised to provide such services under specific regulations. 1)
(2) For the purposes of this decree, the term savings bank shall mean an organisation within the meaning of paragraph 1. The term "office 'means a branch or management or other organisational unit of an organisation.
I. Deposits on deposit books
1.
(1) In particular, money can be deposited on the following types of holding books:
(a) ordinary holding books;
(b) on winning holding books,
(c) travel holding books.
(2) Ordinary holding books and winning holding books may be displayed on the bearer or in the name; If they are issued in a name, the deposit book must explicitly state that it is a deposit book in a name.
(3) Travel holding books are name-holders.
The details of the holding books and the evidence of other holding relationships shall be determined by the organisation in such a way as to ensure a conclusive identification of the holding relationship.
(1) The organisation receives deposits on the deposit book and makes payments thereof if the depositor requests the deposit or the payment at the deposit office. The money received by the savings bank becomes another deposit only on the day on which the beneficiary informs the savings bank that it is a deposit on a particular deposit book.
(2) A deposit on or from the deposit book may be accepted by an office of the same organisation under agreed conditions, other than the one for which the deposit is made. When selecting a deposit from another office, the person who collects the deposit is obliged to prove his identity.
(3) The treatment of deposit on deposit books with an organisation other than the one managing the deposit is only possible if agreed between the organisations under agreed terms.
(1) The depositor may at the savings bank's office, which holds the deposit, bind (blame) payments from an ordinary holding book and from a winning password holding book, to the admission of a third party (another citizen or organisation) or to a fact that is certain to occur. When tying a payout to a fact that is certain to occur, the depositor shall be obliged to prove his identity.
(2) The commitment of the payment referred to in paragraph 1 may be cancelled only at the savings bank office holding the deposit. Password binding may be cancelled by the person who communicates the password or proves that the deposit belongs to him. The commitment to the third party may be revoked only with the consent of that person or on the basis of a final decision of the court or notaries. The commitment to the fact that it is certain that it will occur may be cancelled at any time by the person who tied the payout and, if dead, by the notaries responsible for dealing with the inheritance.
(3) A payment shall be made from the holding book which is the subject of enforcement of the judgment of the court or of the Office, even if it is bound by paragraph 1, provided that, at the same time as the holding book, a statement is submitted that the enforcement order is enforceable. Where a travel holding book is the subject of enforcement, the savings bank shall make a payment without submitting a card (Section 22).
(1) In the case of bearer holding books, the savings bank does not examine either when the deposit is set up or when the deposit is made or when the deposit is placed and collected, who is the depositor or who is the depositor; the permission of the savings bank to require an identity card in the case referred to in Section 5 (2) is not affected.
(2) Any person submitting a bearer holding book shall be paid the amount requested, unless the payment is prevented by an official prohibition, by a prohibition of payment (Sections 14 and 16), by the amortisation procedure, by the winegrowing procedure or by specific provisions of this Order (Section 19 (3)). However, the savings bank shall not make a payment if it has reasonable grounds to suspect a criminal offence relating to the deposit.
(1) When setting up a deposit on a ledger in a name, a citizen must prove his identity.
(2) A deposit on a deposit book may be made by the person who proves that he is the depositor or his representative. The savings bank may not pay the deposit in the name of the deposit book if the facts referred to in Section 7 (2) prevent this.
(3) The deposit in the name of the deposit book may be transferred between the living; the transfer occurs by indicating the name, surname and address of the new depositor in the deposit book at the request of the depositor. If a citizen acquires a deposit on the deposit book in the name of the inheritance, the savings bank shall indicate the transfer of the deposit to the new depositor at his request and after the identity card.
(2) The cancelled deposit book is not returned to the depositor.
(1) If, for 20 years, the depositor did not deposit or submit the deposit book at the savings bank office that leads the deposit to add the records, the deposit relationship shall be cancelled by the end of that period.
(2) A citizen has the right to have the balance of the cancelled deposit returned. This right shall be waived within three years of the cancellation of the deposit relationship.
Abortion procedure
(1) Where a loss, destruction or theft of the book is reported by an unknown offender, the savings bank that leads the deposit shall, on the basis of a proposal from the depositor or of the person who has a legal interest in the deposit book (hereinafter referred to as the "petitioner '), initiate proceedings for the declaration of the deposit book for the deceased. In doing so, the applicant must demonstrate his identity and provide the information necessary to establish the identity of the holding book.
(2) Until the end or termination of the amortisation procedure, the deposit cannot be treated.
(3) The savings bank will notify the opening of the amortisation procedure by decree. The decree must be published for at least two months in a place accessible to citizens in the deposit office and in the savings bank in whose district the applicant is resident. The Order shall state that, after a zero-sum period of two months from the date stated therein, the deposit book will cease to be valid and a new deposit book or deposit will be issued to the applicant.
(4) The savings bank shall inform the appellant and all persons who, according to its knowledge, might have a legal interest in the deposit (hereinafter referred to as participants) of the opening of the amortisation procedure.
If, within two months of the date mentioned in the decree, the savings bank has not been notified that the deposit book has been found, the deposit book shall cease to be valid and the savings bank shall issue a new deposit book to the applicant or, at his request, pay him the full deposit. The savings bank is not obliged to mark the new deposit book with the original deposit account number.
(1) If, for the duration of the amortisation procedure, the applicant declares that the deposit book has been found, the savings bank shall stop the amortisation procedure and notify the participants thereof.
(2) If, in the duration of the amortisation procedure, someone other than the appellant presents the book, the savings bank shall stop the proceedings and issue the book to the appellant if the person who submitted it agrees. However, if he who has submitted the deposit book asks for it to be returned, he will be given his identity. The savings bank shall also inform the appellant thereof and inform him that the deposit may be made if it does not prove within one month that it has exercised its claim in court. The same goes for the savings bank to find out that someone else has the book.
(3) If, in the course of the amortisation proceedings, someone else claims a deposit without submitting a deposit book, the savings bank shall inform the appellant thereof and shall ask the person who applied the deposit claim to prove that he has exercised his claim in court within one month of the expiry of the period laid down in Paragraph 11 (3). If they do not, the savings bank shall issue a new deposit book or pay the deposit to the appellant; otherwise await a court order.
If the original deposit book is presented after the end of the amortisation procedure, the savings bank shall detain it. If the petitioner was not the appellant and applied for the deposit, the savings bank shall communicate to him everything it needs for the exercise of its rights and the deposit account shall show a prohibition on payment; However, this prohibition shall be lifted unless the petitioner of the incinerated book within one month has demonstrated that he has exercised his right to the deposit in court.
If the savings bank has no doubt as to who is entitled to use the deposit, it may issue a new book for the deposit book lost or destroyed if the balance of the deposit does not exceed 1000 CZK. However, if the savings bank issues a new deposit book to an unauthorized citizen, this shall not affect the right of the depositor.
If the person who has reported the loss or theft of the book by an unknown offender does not ask for it to be killed, or if someone has reported that the deposit book has been taken from him by a person known to him, the savings bank in the account of the deposit under the responsibility of the reporting agent will note the prohibition of payment. If, within one month of the notification, no application is made for the opening of the amortisation procedure, or where appropriate, proof that a claim for the issue of the holding book has been lodged at the court, the savings bank shall cancel the prohibition on payments.
2. Specific provisions on individual types of holding books
Ordinary holding books
(1) The organisation pays interest to citizens on deposits. The organisation shall establish, or amend, the interest rate on the contributions of citizens under measures declared by the Czechoslovak Bank in the Collection of Laws (2).
(2) The Organisation may provide citizens with other property benefits, the amount of which it sets for each type of deposit on the basis of the interest rate for a similar type of deposit.
Winning holding books
Deposits in prize holding books participate in the composition for winning, premium or other property benefits.
(1) Determination of winnings, bonuses or other property advantages by composition is regulated by the game plan issued by the organisation. Until the composition is completed, the game plan must not be changed to the detriment of citizens.
(2) The game plan shall specify the extent of the composition, the composition period, the number, the amount and the way in which the winnings, bonuses or other assets are drawn.
(3) The game plan publishes the organisation in such a way as to ensure that citizens are informed.
(4) The composition must be public and, in order to ensure its conduct and control, the organisation will set up a composition committee with public participation.
Travel holding books
The depositor may, under agreed conditions, apply to the offices of organisations and via post offices for the establishment of a deposit on the travel deposit book, the acceptance of further deposits on this book and the payment thereof.
III. Loans
The organisation may agree with the citizen in writing that it will grant him a cash loan and that the citizen will pay the interest loan in an agreed manner within the agreed time limit. It may also agree in writing on the purpose for which the loan will be granted.
(1) A citizen pays interest on loans to the organisation. The organisation shall negotiate an interest rate on loans to citizens under measures declared by the Czechoslovak State Bank in the Collection of Laws. 2)
(2) For loans outstanding within the deadline, the citizen shall pay the organisation an increased interest rate from the beginning of the delay, if the amount is agreed in the contract.
The citizen is entitled to pay back the amount lent even before the agreed deadline.
IV. Common and final provisions
The method of remuneration for each type of deposit and loan shall be governed by the terms and conditions of the organisation.
(2) The interest rate on loans starts on the date on which the savings bank entered the amount in the account of the loan, but not later than the seventh day following that of the loan, and ends with regard to the amount paid, on the day before the payment in that account, but not later than the seventh day following the payment in the instalment. However, if regular monthly instalments have been agreed, it may also be agreed that interest on the amounts paid shall end on the date on which they are due, even if payment is made within a certain period of time before or after payment.
The current account provisions shall also apply to current accounts established under specific provisions, unless such provisions contain a derogation.
Transitional provision for adjustment effective from 1 May 1990
Loan agreements concluded before the date of application of this Order shall be subject to the conditions in force at the time of conclusion of the contract, unless otherwise agreed by the Contracting Parties.
The Order of the Minister of Finance No 67 / 1958 of the Ú. l is hereby repealed, on interest rates, as long as it regulates interest on the deposits of citizens and on loans granted by monetary institutions to citizens. * *)
This Decree shall take effect on 1 April 1964.
Minister:
Dvořák v. r.
Annex to Decree No 47 / 1964 Coll.
Game plan for winning holding books
Compilation
1. The compilation period shall run from 1 May to 31 October and from 1 November to 30 April next year.
2. Compilation is public. They are performed twice a year by the Czech State Savings Bank in cooperation with the Slovak State Savings Bank in May and November with the participation of a commission whose members are appointed as the Czech Socialist Republic by the Ministry of Finance of the Czech Socialist Republic. 1)
3. The members of the committee shall check the correctness and completeness of the compositions before formulating and shall ensure that they are properly implemented.
Winnings and bonuses
4. When writing, 25 wins and one bonus are drawn to every 1000 serial numbers of deposits on winning deposit books:
| a) | 1 výhra | 250 % | |
| 3 výhry | 100 % | ||
| 21 výher | 20 % |
the average deposit balance for the past settlement period, with a win of at least 10 Cds and not more than 100 000 Cds;
(b) 1 fixed premium 3000 CZK.
5. The deposit on the winning deposit book can be drawn at each draw without account being taken of whether and how many times it has already been drawn in previous times.
Format
6. The winning numbers are drawn first by the number of winning deposits and then by the numbers that account for 250% and 100% of the average deposit balance.
1000 compositions with numbers 000 and 001 to 999 are prepared for this composition.
For each draw, 40 tickets with consecutive numbers are always inserted into the pool (for the first draw of numbers 000, 001 to 039, for the second draw of numbers 040 to 079, etc.) to gradually replace all 1000 tickets in 25 draws to ensure that wins are distributed to every 40 winning pool numbers.
Each draw takes one ticket from the pool, the number of which indicates the number of the bet winning in each thousand deposits. If, for example, a ticket bearing number 037 has been drawn from the pool, the prize falls not only to number 37, but also to the deposits on the winning holding books of headings 1037, 2037 etc. Winning deposits of numbers 1000, 2000 etc. win when number 000 is drawn. Loading tickets with drawn numbers of winning deposits shall be inserted into the second pool, in which 25 drawing cards with winning numbers are inserted before the draw. Of these 25 tickets, 4 tickets shall be drawn gradually; for the first drawn ticket, the win is 250%, for the second to fourth ticket the win is 100% of the average deposit balance, for the other winning numbers the win is 20% of the average deposit balance.
7. A fixed premium of 3000 CZK is drawn in a separate draw by pulling from a thousand compositions marked with numbers 000, 001 to 999 one ticket. Entitlement to this premium shall be incurred by the depositor at whose number the premium was drawn only if the actual balance of the contribution was at least 1000 CZK throughout the period. The fixed premium may also fall on the winning number in the same composition.
Calculation of winnings
8. On receipt of the instrument, savings banks shall calculate the average outstanding amounts of the deposits to which the prize was due and shall identify the deposits to which the premium was paid.
9. The average outstanding amount of the winning deposit over the past settlement period shall be calculated by multiplying each deposit and withdrawal by the number of days after the deposit or withdrawal to the end of the settlement period; the sum of the components of the deposits is deducted and the result is divided by 180. Months count after 30 days. The result is the average balance of the deposit, which is the basis for calculating the prize.
1) Act No. 158 / 1989 Coll., on banks and savings banks.
2) Article 11 (3) of Act No 158 / 1989 Coll.
*) Act No. 86 / 1946 Coll., as amended by Act No. 115 / 1947 Coll., Act No. 41 / 1947 Coll., Act No. 43 / 1948 Coll., Act No. 56 / 1948 Coll.
* *) The interest on deposits and winnings on the winning deposit books is no longer subject to the tax on the income of the population pursuant to Decree No. 146 / 1961 Coll. and deposits on the deposit books in the name are no longer subject to the notarial inheritance fee pursuant to Decree No. 25 / 1964 Coll.
1) The Commission members for the Slovak Socialist Republic are appointed by the Ministry of Finance of the Slovak Socialist Republic.
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Regulation Information
| Citation | Decree of the Ministry of Finance No. 47 / 1964 Coll., on Money Services to Citizens |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.03.1964 |
|---|---|
| Effective from | 01.04.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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