Decree of the Ministry of National Property Management and its privatization of the Czech Republic No. 477 / 1992 Coll.
Decree of the Ministry of National Property Management and its privatisation of the Czech Republic, laying down the procedure for the use of funds in the special account of the Ministry of National Property Management and its privatisation of the Czech Republic
Valid
Effective from 22.10.1992
477
DECLARATION
Ministries for the management of national assets and its privatisation of the Czech Republic
of 11 September 1992
laying down the procedure for the use of funds in the special account of the Ministry of National Property Management and its privatisation of the Czech Republic
The Ministry of National Property Management and its privatization of the Czech Republic provides pursuant to § 15 paragraph 3 of the Act of the Czech National Council No. 500 / 1990 Coll., on the jurisdiction of the authorities of the Czech Republic in matters of transfers of State ownership to other legal or natural persons, as amended by the Act of the Czech National Council No. 438 / 1991 Coll. and the Act of the Czech National Council No. 282 / 1992 Coll. (hereinafter "the Act"):
(1) The settlement of liquidation balances and the provision of advances and the satisfaction of claims pursuant to Article 15 (2) of the Act shall be carried out against organisations whose operating units have been sold under special rules. 1)
(2) Repayment of claims and advance payments will be made by the Ministry of National Property Management and its privatisation of the Czech Republic (hereinafter "the Ministry") from its special account (2) at the request of the organisation. The application shall be accompanied by the completed forms listed in Annex 1 (Section 2 (1) of this Order) and No 2 (Section 2 (2) of this Order).
(1) The settlement of claims under Paragraph 15 (2) (a) shall be carried out with an organisation of an amount which is demonstrably relevant to the relevant privatized operating unit at the auction date. The settlement shall be made only after payment of this operation unit by the auctioneer.
(2) In order to settle the claims of an organisation in liquidation ("the liquidator ') pursuant to § 15 (2) (b), (c) and (d) of the Act, the status of the currency is decisive on 1 January 1991. The currency of the corresponding property which has been or is due to be issued to authorised persons under special legislation4) shall not be deducted from the assets on that date.
(1) If, on the date on which the application is submitted, the sum of the accounting values of the principal assets, including land, works of art, which have so far been monitored in the operational records and of the small and short-term items of the privatized units is reduced by no more than 80%, the advance may be granted up to the value by which the assets of the public undertaking have been reduced by the transfer of ownership under the special rules. 5)
(2) The liquidator is obliged to submit to the Ministry the completed payment note and the liquidation card, as set out in Annex 2 to this Order.
The liquidator shall be obliged to charge the advance provided for in Article 15 (2) (b) and (c) of the Act in the event of final liquidation and to collect any excess to the Ministry's special account. 2)
(1) If the advance provided under § 15 (2) (b) of the Act and the proceeds of liquidation are not sufficient to satisfy all claims under § 19 of Act No. 427 / 1990 Coll., as amended, the outstanding claims from the Ministry's special account will be met. 2)
(2) If the liquidation ends with a surplus, the balance shall be transferred to a special account of the minister.2)
(3) The liquidator to which an advance payment has been granted pursuant to Paragraph 3 (1) of this Order is subject to specific provisions when it is wound up. 6)
(1) The applicant is required to comply with the requirements necessary for the advance payment or final settlement on the liquidation of a public undertaking. These elements are set out in Annexes 1 and 2 to this Decree.
(2) The liquidator in the framework of final liquidation (Section 5 (3)) is obliged to draw up a claim for reimbursement.
(3) The founder shall verify the accuracy of the data and transmit it to the Ministry.
This decree shall take effect on the day of its publication.
Minister:
Ing. Skalický v. r.
Příloha č. 1
Annex No 1 to Decree No 477 / 1992 Coll.
Příloha č. 2
Annex No 2 to Decree No 477 / 1992 Coll.
1) Act No. 427 / 1990 Coll., on transfers of State ownership to other legal or natural persons, as amended by Act No. 541 / 1990 Coll., Act No. 429 / 1991 Coll. and Act No. 561 / 1991 Coll.
2) Number 2162096-008.
3) Accounting statement Balance sheet Emission 2A- 02 line No 71 of account 921-Basic capital.
4) Act No. 403 / 1990 Coll., on the mitigation of the consequences of certain property injustices, as amended by Act No. 458 / 1990 Coll., Act No. 529 / 1990 Coll. and Act No. 137 / 1991 Coll.
5) Act No. 427 / 1990 Coll., as amended.
6) § 27a et seq. of the Economic Code. Article 761 (3) of the Commercial Code.
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Regulation Information
| Citation | Decree of the Ministry of National Property Management and its privatization of the Czech Republic No. 477 / 1992 Coll., laying down the procedure for using funds in the special account of the Ministry of National Property Management and its privatisation of the Czech Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.10.1992 |
|---|---|
| Effective from | 22.10.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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