Constitutional Law No. 541 / 1992 Coll.
Constitutional Act on the division of assets of the Czech and Slovak Federal Republic between the Czech Republic and the Slovak Republic and its transition to the Czech Republic and the Slovak Republic
Valid
Effective from 08.12.1992
541
CONSTRUCTION LAW
of 13 November 1992
on the division of the assets of the Czech and Slovak Federal Republic between the Czech Republic and the Slovak Republic and its transition to the Czech Republic and the Slovak Republic
The Federal Assembly of the Czech and Slovak Federal Republic decided on this constitutional law:
This constitutional law regulates the division of the assets of the Czech and Slovak Federal Republic between the Czech Republic and the Slovak Republic and its transition to the Czech Republic and the Slovak Republic as successor states of the Czech and Slovak Federal Republic, on the basis of a constitutional decision which results in the demise of the Czech and Slovak Federal Republic. It also provides for the abolition of the Federal National Property Fund, the division and transfer of its assets to the National Property Fund of the Czech Republic and the National Property Fund of the Slovak Republic in the event of the disappearance of the Czech and Slovak Federal Republic; According to this constitutional law, the assets of the Czechoslovak State Bank shall also be distributed.
The property of the Czech and Slovak Federal Republic, which is the subject of the division provided for in Article 1, shall be:
(a) immovable and movable property owned by the Czech and Slovak Federal Republic, 1)
(b) State financial assets and liabilities of the Czech and Slovak Federal Republic,
(c) monetary assets, liabilities and reserves of the Czech and Slovak Federal Republic,
(d) other property rights and obligations belonging to the Czech and Slovak Federal Republic and to state organisations under the jurisdiction of the Czech and Slovak Federal Republic,
located in and outside the territory of the Czech and Slovak Federal Republic.
(1) The principles of the division of assets referred to in Article 2 are:
(a) the territorial principle under which the property is transferred to the successor State in whose territory it is situated; for immovable property on the territory of the Czech Republic and the Slovak Republic, this principle shall always apply, for movable property, in cases where, in view of their destination, the purpose of use or, where appropriate, the nature of the immovable property accessories,
(b) the principle of the proportion of the population of the Czech Republic and the population of the Slovak Republic, according to which the assets are transferred to the Czech Republic and the Slovak Republic in a ratio of two to one; it shall be used for the division of other assets where the principle referred to in point (a) cannot be applied.
(2) The division of the assets of the Czech and Slovak Federal Republic applies to the economy and to the maintenance of the further proper use of these assets in fair property and financial settlement.
(3) In exceptional cases, as provided for in the Agreement of the Czech Republic and the Slovak Republic, concluded pursuant to Article 12 (1), the division of the assets of the Czech and Slovak Federal Republic shall preserve the uniqueness, according to which the functionality of the property is subject; This Agreement shall also determine the further use of such property and shall also address other related issues.
(4) Rights and obligations which, according to their content, relate only to the Czech Republic or the Slovak Republic are transferred to the Czech Republic or the Slovak Republic.
The membership quota of the Czech and Slovak Federal Republic in the International Monetary Fund, as well as the financial commitments to the International Monetary Fund, shall be broken down according to the principle determined by the International Monetary Fund. The capital injections of the Czech and Slovak Federal Republic in the International Bank for Reconstruction and Development, the International Financial Corporation, the Multilateral Investment Guarantee Agency and the International Development Association as well as the financial commitments of the Czech and Slovak Federal Republic in relation to those financial institutions shall be divided between the Czech Republic and the Slovak Republic in accordance with Article 3 (1) (b), unless Article 3 (4) applies.
(1) The liabilities arising from previously accepted financial credits in freely convertible currencies - central foreign exchange source and bank assets in non-convertible currencies, held with the Czechoslovak Commercial Bank, a.s. are divided into the date of the disappearance of the Czech and Slovak Federal Republic between the Czech Republic and the Slovak Republic according to the principle referred to in Article 3 (1) (b).
(2) Government loans granted and received are divided into the date of the disappearance of the Czech and Slovak Federal Republic according to the principle referred to in Article 3 (1) (b), between the Czech Republic and the Slovak Republic, unless otherwise agreed with the creditors for the government loans received and unless Article 3 (4) applies.
(3) In the settlement agreement referred to in paragraph 2 between the Czech Republic and the Slovak Republic and concluded by the date of the disappearance of the Czech and Slovak Federal Republic, the Czech Republic and the Slovak Republic shall determine which of the Republics will be the successor of the Czech and Slovak Federal Republics for the individual government loans granted and received.
(1) The property referred to in Article 2 shall be transferred to the Czech Republic and the Slovak Republic on the date of division, which is the date of signature of the agreement on the transfer and acquisition of assets by agents authorised by the Government of the Czech and Slovak Federal Republic and the Governments of the Republics; an inventory of the assets transferred at the date of the transfer is included in the agreement. This agreement can be concluded after the entry into force of a constitutional decision resulting in the demise of the Czech and Slovak Federal Republic.
(2) If the property referred to in Article 2 does not pass on to the Czech Republic and the Slovak Republic to the extinction of the Czech and Slovak Federal Republic on the date of division of the property referred to in paragraph 1, it shall pass on to the Czech Republic and the Slovak Republic at the moment of the disappearance of the Czech and Slovak Federal Republic.
(3) The property referred to in paragraph 2 is transferred on the date of the demise of the Czech and Slovak Federal Republic by the competent state authorities and state organisations of the Czech and Slovak Federal Republic and is hereby taken over by the competent state authorities and state organisations of the Czech Republic and the Slovak Republic, designated by the laws of the national councils, or by the government of the Czech Republic and the Government of the Slovak Republic; a list of the assets transferred at the date of the disappearance of the Czech and Slovak Federal Republic is included in the Protocol on the handover and takeover of the assets, which are signed by the statutory bodies of the state bodies and state organisations of the Czech and Slovak Federal Republic. The property of the Czech and Slovak Federal Republic, located outside its territory, shall be handed over by the Agents of the Czech and Slovak Federal Republic at the date of its demise, by the Government of the Czech and Slovak Federal Republic, and shall be taken over by the Agents, by the Government of the Czech Republic and by the Government of the Slovak Republic. The Office of the President of the Czech and Slovak Federal Republic, the Office of the Federal Assembly of the Czech and Slovak Federal Republic and the Office of the Government of the Czech and Slovak Federal Republic are also considered to be state bodies of the Czech and Slovak Federal Republic.
(4) The Emission Bank of the Czech Republic and the Emission Bank of the Slovak Republic will take over the relevant part of the assets, rights and obligations of the Czechoslovak State Bank at the date of the demise of the Czech and Slovak Federal Republic.
Together with the property referred to in Article 2, the related file agenda, the relevant part of the archive, knowledge funds and documentation of industrial and other intellectual property shall be transferred to the competent authorities and state organisations of the Czech Republic and the Slovak Republic.
(1) The property of the Czech and Slovak Federal Republic, to which the right of management of state enterprises within the competence of the Federation belongs, is transferred to the property of the Czech Republic or the Slovak Republic according to the seat of the state enterprise.
(2) Where a State undertaking having its registered office in the territory of one Republic has an internal organisational unit in the territory of the other Republic, the assets referred to in paragraph 1 which serve the management of that internal organisational unit shall be transferred to the property of the Republic in whose territory the internal organisational unit is located.
(3) The rights and obligations of the founders of state enterprises within the competence of the Federation, together with the property referred to in paragraph 1, are transferred to the State authorities of the Czech Republic or to the State authorities of the Slovak Republic, competent under the laws of the National Councils.
(4) If a State enterprise established in the territory of one Republic has an internal organisational unit in the territory of the other Republic, the property referred to in paragraph 2 shall also be transferred to the State authority of that Republic, which is competent under the law of its National Council.
(5) However, the Agreement of the Czech Republic and the Slovak Republic, concluded before the end of the Czech and Slovak Federal Republic, may, where justified, provide that the provisions of paragraphs 2 and 4 shall not apply to the assets used for the management of the internal organisational units of state undertakings located in the territory of the other Republic and to the content of the function of the founder associated with them.
(1) To complete the settlement of claims arising from the division of the assets of the Czech and Slovak Federal Republic between the Czech Republic and the Slovak Republic, a Commission is hereby established for the completion of the settlement of the assets of the Czech and Slovak Federal Republic after the demise of the Czech and Slovak Federal Republic. This commission is composed equally of members appointed by the Government of the Czech Republic and the Government of the Slovak Republic.
(2) The number of members, the manner in which the proceedings and the conditions of decision are to be held, as well as other details of the activities of this Commission, shall be laid down by the Government of the Czech Republic and the Government of the Slovak Republic by 31 December 1992 at the latest by mutual agreement.
(1) From the effectiveness of this constitutional law to the date of the disappearance of the Czech and Slovak Federal Republic, the assets of the Czech and Slovak Federal Republic may not be transferred to the Czech Republic and the Slovak Federal Republic, with which the state authorities of the Czech and Slovak Federal Republic, the state bank of Czechoslovak, state enterprises and other state organisations of the Czech and Slovak Federal Republic manage; This also applies to their business interests in other legal entities. Similarly, the ownership participation of the Czech and Slovak Federal Republic in the corporate business cannot be transferred.
(2) Paragraph 1 shall not apply to:
(a) property transferred to the Czech Republic and the Slovak Republic in the context of a change in the scope of the federations and Republics;
(b) transfers of assets under normal management;
(c) the transfer of assets referred to in Article 6 (1).
(1) The Federal Fund for National Property is hereby repealed on the day of the disappearance of the Czech and Slovak Federal Republic.
(2) The property belonging to the Federal National Property Fund on the date of the disappearance of the Czech and Slovak Federal Republic is hereby transferred to the National Property Fund of the Czech Republic and the National Property Fund of the Slovak Republic; the provisions of this Constitutional Law shall apply mutatis mutandis to its division.
(3) The Protocol on the handover and takeover of assets of the Federal National Property Fund, which includes the inventory of the transferred assets at the date of the disappearance of the Czech and Slovak Federal Republic, is signed by the President of the Presidium of the Federal National Property Fund, the President of the Presidium of the National Property Fund of the Czech Republic and the President of the Presidium of the National Property Fund of the Slovak Republic.
(1) By the end of the Czech and Slovak Federal Republic, the Czech Republic and the Slovak Republic will conclude an agreement, the object of which is in particular the commitment to take this constitutional law into the laws of the successor States on the date of the disappearance of the Czech and Slovak Federal Republic and the joint interpretation of this constitutional law by both parties to the agreement. It shall also include an agreement to maintain the integrity of the dossier referred to in Article 7 in specific cases of interest in its further use and an agreement on such use by the Czech Republic and the Slovak Republic under the same conditions.
(2) The agreement referred to in paragraph 1 shall also include an agreement on the way in which disputes arising from the division of the assets of the Czech and Slovak Federal Republic are settled through arbitration proceedings and an undertaking by the Czech Republic and the Slovak Republic that the finding of the arbitration body is valid and enforceable in the Czech Republic and the Slovak Republic. An arbitration body, if provided for in the Agreement of the Republics, may also be the commission set up under Article 9.
(3) The agreement referred to in paragraph 1 shall include, in accordance with Article 3 (2), other equity and financial settlement.
(1) The repeal of the Federal Security Information Service at the latest on the date of the disappearance of the Czech and Slovak Federal Republic and the settlement of its property and other circumstances are laid down in the Federal Assembly Act.
(2) The separation of the assets of Czechoslovak Television, Czechoslovak Radio, Czechoslovak Press Office, Czechoslovak State Railways, the Administration of Posts and Telecommunications Prague and the Administration of Posts and Telecommunications Bratislava and its transition to the Czech and Slovak Federal Republic to the Czech Republic and the Slovak Republic shall, mutatis mutandis, be governed by the Federal Assembly Act.
(3) The abolition of the Czechoslovak Academy of Sciences at the latest on the date of the disappearance of the Czech and Slovak Federal Republic and the settlement of its property and other conditions are laid down in the Federal Assembly Act.
(4) By way of derogation from the principles laid down in Article 3 (1), the Federal Assembly Act may provide for the division of the assets of the Federal Market Regulation Fund in agriculture.
(5) Majetek Centers of Coupon privatization will be divided between the Czech and Slovak Federal Republic's Centers of Coupon privatization of the Czech Republic and the Centers of Coupon privatization of the Slovak Republic as follows:
(a) movable property outside the net proceeds from the sale of coupons under the territorial principle;
(b) the net proceeds from the sale of coupons in a proportion of two whole twenty-nine hundredths to one.
The details of the division of the assets of the Centre for Coupon privatization are laid down in the agreement of the Czech Republic and the Slovak Republic concluded until the end of the Czech and Slovak Federal Republic.
(6) The division of the assets of the Czech and Slovak Federal Republic, to which the right of management of the Transit Gas pipeline, the Czechoslovak Airlines, the Czechoslovak Fracht, the former foreign trade undertakings and their affiliations abroad, and the division of other assets of the Czech and Slovak Federal Republic as determined by the Agreement between the Czech Republic and the Slovak Republic, unless governed by specific laws, will be carried out on the basis of an agreement between the Czech Republic and the Slovak Republic.
On the date of the demise of the Czech and Slovak Federal Republic, part fifth (§ 27 to 40) of Act No. 92 / 1991 Coll., on the terms of the transfer of state assets to other persons is deleted.
This constitutional law shall take effect on the day of its publication.
Spatial v. r.
v. Benda v. r.
1) Article 4 (4) of Constitutional Act No. 143 / 1968 Coll., on the Czechoslovak Federation, as amended by the later constitutional laws.
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Regulation Information
| Citation | Constitutional Act No. 541 / 1992 Coll., on the division of assets of the Czech and Slovak Federal Republic between the Czech Republic and the Slovak Republic and its transition to the Czech Republic and the Slovak Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.12.1992 |
|---|---|
| Effective from | 08.12.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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