Government Decree No. 6 / 1946 Coll.
Regulation establishing the Statute for National Industrial Enterprises
Valid
Effective from 25.01.1946
Contents
ODDÍL I.
Část prvá.
§ 1.
§ 2.
§ 3.
Část druhá.
§ 4.
§ 5.
§ 6.
§ 7.
§ 8.
§ 9.
§ 10.
§ 11.
Část třetí.
§ 12.
§ 13.
§ 14.
§ 15.
Část čtvrtá.
§ 17.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
Část pátá.
§ 24.
Část šestá.
§ 25.
Část sedmá.
§ 26.
Část osmá.
§ 27.
§ 28.
§ 29.
§ 30.
Část devátá.
§ 31.
ODDÍL II.
§ 32.
§ 33.
§ 34.
§ 35.
§ 36.
§ 37.
§ 38.
§ 39.
ODDÍL III.
§ 40.
§ 41.
§ 42.
ODDÍL IV.
§ 43.
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6.
Government Regulation
of 15 January 1946
laying down the statute for national industrial undertakings.
The Government of the Czechoslovak Republic orders pursuant to § § 23 to 26 of Decree of the President of the Republic of 24 October 1945, No. 100 Coll., on the nationalisation of mines and certain industrial enterprises:
Statute of national enterprises.
National businesses.
General provisions.
(1) The national company will be set up by the Minister of Industry in agreement with the Minister of Finance, Slovakia also in agreement with the delegates for industry and trade and finance, from the property of the enterprises of nationalised and existing state enterprises in the nationalised sectors. In these sectors, in agreement with the Minister of Finance, in Slovakia, the Minister of Industry can also set up new national enterprises in agreement with the delegates for industry and trade and finance. A national farming undertaking may also be established by means of assets acquired or acquired by the Czechoslovak State by confiscation or otherwise; such assets may also be incorporated into any national enterprise.
(2) The national undertaking will be designated by the Minister of Industry, Slovakia, in agreement with the Minister for Industry and Trade, the text of the company, the subject matter of the business, its registered office and the number of members of the board (alternates); the amendments are also approved by the Minister for Industry, Slovakia, in agreement with the Minister for Industry and Trade.
(3) The establishment of a national undertaking, the wording of the company, the subject-matter of the business and its registered office shall be published in the Official Gazette of the Czechoslovak Republic and in the Úradnom vestník at the same time as the date on which the national undertaking takes over the assets belonging to it. Similarly, changes to the company, the subject of the business and the seat of the national enterprise are declared.
(1) National enterprises are the property of the State within the meaning of the provisions of Decree of the President of the Republic No. 100 / 1945 Coll. They have the status of separate legal entities. They are subject to a fee obligation under the Charges Act (the Charges Code) with its amendments and additions and have been subject to the fee equivalent under Paragraph 1 (2) (a) of the Law of 9 April 1938, No 76 Coll., on the Charges Equivalent since its establishment.
(2) National enterprises should be guided by the principles of business. The state is not liable for their liabilities.
(1) A national undertaking is obliged to use the designation "national undertaking" in the company in its unabridged version.
(2) The national undertaking shall be registered as the company of the individual buyer in the regional court exercising jurisdiction in matters of commercial activity in which the undertaking has its registered office; If the undertaking has a split (secondary) plant, it shall also be notified to the Regional Court which exercises jurisdiction in matters of trade in which the establishment is situated.
(3) In an application for registration, accompanied by a certified copy of the document to which the national undertaking was established, the national undertaking shall inform the court:
(a) the dates of the measure by which the undertaking was set up;
(b) the firm and its registered office;
(c) the subject matter of the business;
(d) the way in which the undertaking is represented and the marks of its company.
(4) The provisions of paragraphs 2 and 3 shall also apply mutatis mutandis to the reporting of changes to that fact for registration.
Board of National Enterprise.
(1) The management of the national enterprise is responsible to the Board of Directors, headed by the Director who presides over it.
(2) The Board of Directors shall consist of at least three and a maximum of nine, in addition to the Director (Deputy Director), if it is a national undertaking of the mining, metal or engineering industry, not more than twelve members and the same number of alternates.
(3) The establishment of a national undertaking shall elect one third of the members of the board of directors (alternates) of the employees of the undertaking having expertise and experience. The remaining two-thirds of the members of the board (alternates) are appointed by the central authority in Slovakia, the regional authority, after hearing the relevant territorial government union and the central interest organisation of the industry, which is until the construction of a new industrial organisation of the Central Association of Industry, Slovakia, the Central Association of Slovak Industry.
(4) Both the election and the appointment of members of the Board of Directors and alternates are confirmed by the Minister of Industry in Slovakia in agreement with the Trade and Industry Officer; the certificate may be withdrawn at any time.
(1) The member (alternate) of the Board of Directors of the National Enterprise may only be a self-employed Czechoslovak national resident in the Czech Republic; must have expertise and experience.
(2) A member (alternate) of the Board of Directors may not be elected or appointed:
(a) who has been bankrupt if the insolvency proceedings are pending and at whose request the settlement procedure is carried out, unless it has been declared terminated;
(b) who has been convicted by a final judgment for an act for which, under the provisions in force, there is a loss of the right of election to the municipalities during that loss;
(c) the relatives of the Director (Deputy Director) of the National Undertaking in a direct line, his or her sibling and husband, as well as the persons in his or her family at the same stage;
(d) a member (alternate) of the race council of the same national undertaking;
(e) a member (alternate) of the Board of Directors or an employee of a superior or supervisory body. The Minister of Industry, Slovakia, may authorise the exemption in agreement with the Minister for Industry and Trade;
(f) who is engaged in another gainful enterprise or has an office or activity which is contrary to the interests of the national undertaking or its central (regional) authority.
(3) Membership of the Board of Directors (surrogacy) expires:
(a) if the conditions referred to in paragraph 1 are no longer met;
(b) if one of the facts referred to in paragraph 2 is provided;
(c) if the elected member of the board (alternate) ceases to be an employee of a national undertaking;
(d) where the certificate referred to in Article 4 (4) has been withdrawn;
(e) if a member of the Board has spoken during his term of office;
(f) death.
(4) A member of the Board (alternate) may not exercise his office if the investigation is ongoing for the act referred to in paragraph 2 (b).
(5) Whether the facts referred to in paragraph 3 (a) and (b) have arisen are decided by the Minister of Industry in Slovakia in an agreement with the Trade and Industry Officer.
(1) The selection of one third of the board members (alternates) will take place according to the principles applicable to the race board elections (Section 7 of the Decree of 24 October 1945, No. 104 Coll., on racing and business councils).
(2) The preparation of elections and the choice is made in such a way that the operation of the undertaking does not suffer any failure or economic damage. The selection of members of the board and alternates shall, as a general rule, be made at the same time as the selection for the racing board.
(3) The selection of board members and alternates for the period up to the first race council election under Decree No. 104 / 1945 Coll. will be conducted by the company council. In the absence of corporate advice, all members of the racing councils of the same national enterprise shall be elected under the chairmanship of the oldest member of the racing councils. Candidates who have concentrated the largest number of votes on each other in this election shall be elected as members of the Board of Directors; the number of votes the closest to them shall be elected as alternates.
(1) The members of the Board (alternates) shall make a promise to the Director that they will faithfully fulfil their duties in accordance with the interests of the State.
(2) The term of office of the Board shall be three years; The Minister of Industry, Slovakia, provides for its beginnings in agreement with the Minister for Industry and Trade.
(3) If a member of the Board has spoken during the term of office, or if his membership has ceased to exist in another way, he shall take up the next election or appointment as alternate.
(4) The members of the Board are entitled to pay the costs of their duties and may be remunerated for special work which goes beyond the normal activities of the Board.
(5) Paragraph 13 of the Decree of 24 October 1945 of the President of the Republic, No. 104 Coll., on race and business councils, applies mutatis mutandis to the protection of the employment (service) relationship of a member of the board of directors (alternate) of the staff of a national enterprise.
The Board of the National Enterprise shall be responsible for:
1. discuss and approve the Director's report on the activities;
2. decide on the personal matters of the Director arising from the service, unless they are reserved for a central (regional) authority;
3. Granting and withdrawing the Procura or commercial authority;
4. propose to the central (regional) authority a change in the subject matter of the business;
5. propose to the central (regional) authority the division of a national undertaking, the merger with another national undertaking, or changes in the allocation of national undertakings;
6. to submit to the central (regional) authority proposals for programme investment, i.e. investments which significantly expand or improve production or introduce new production;
7. approve current investment budgets;
8. Submit to the central (regional) authority a draft annual accounts and a proposal for the distribution of net profit, if applicable, of losses;
9. Negotiate the purchase, disposal and loading of real estate and submit the relevant proposals to the central (regional) authority;
10. Decide on the provisions of the legal representative, on the opening and management of the dispute, if the value of the subject matter of the dispute is greater than 5 000.000 Kčs, on the reconciliation in these disputes, on the application to initiate a settlement procedure;
11. Decide on the remuneration of staff members for extraordinary work (§ 29) or on proposals to improve or streamline the operation and etc. (§ 30) if they exceed the quarterly staff salary (pay);
12. approve issues and negotiations not directly related to the operation.
(1) The Management Board of the National Undertaking shall deal with matters of its competence through a resolution which shall normally take place in a meeting. The meeting shall be convened as necessary - at least once a month - by the director of the national undertaking presiding over it. If at least one third of the board members so request, the Director must convene it so that it can take place within a week. The Director shall execute the Board's resolution.
(2) All board members must be invited to the meeting in time. If a member of the Board of Directors is unable to attend, he shall be obliged to inform the Director who shall call the alternate responsible. An invitation in which the subject matter, time and place of the hearing may also be indicated may be written or oral.
(3) The Board of Directors shall be qualified to act if at least half of its members and the Director are present. An absolute majority of the members present shall be required to have the resolution in force. The Director shall vote last and, in the event of a tie, the Director shall decide.
(4) The Minister of Industry may, in agreement with the Trade and Industry Officer, issue rules of procedure for the meetings of the Board of Directors.
(1) The Director may invite experts from the undertaking or other experts who do not vote at the board meeting.
(2) A record shall be drawn up of the meetings of the Board of Directors, which shall include the names of the persons present and all resolutions taken. Each member of the Board of Directors shall be entitled to request that his opinion be recorded deviating from the order. The minutes shall be signed by the Director and one member of the Board of Directors, in addition to the Registry; that member of the Board of Directors and the Registry shall be designated by the Board of Directors. Members of the Board and their alternates may at any time consult the undertaking in the minutes.
The Management Board and the Director shall manage the national undertaking with the care of the proper economy and shall be personally responsible for carrying out their duties. Compensation for damages resulting from failure to fulfil obligations under the previous sentence shall be enforced by order of the law; The central (regional) authority shall decide on the application.
Director of National Enterprise.
(1) The Director (s) of the national enterprise is appointed and withdrawn by the approval of the Minister of Industry of the Central Authority following the hearing of the Central Council of Trade Unions, the relevant Central Interest Organisations and, depending on the nature of the industry and other trade unions and institutions. In Slovakia, the Director of the National Enterprise (Deputy Director) is appointed and dismissed by the approval of the Board of Directors for Industry and Trade of the Regional Authority following the hearing of the Department of Trade Unions of Slovakia and the relevant industrial interest organisation and according to the nature of the industry and other professional organisations and institutions. If there are several Deputy Directors in the national enterprise, one of them must be appointed from among its staff.
(2) The Director (Deputy Director) may be only a self-employed Czechoslovak national who has his or her proper residence in the Republic of Czechoslovakia; must have expertise and experience. Paragraph 5 (2) and (3) shall apply mutatis mutandis.
(3) The Director (Deputy Director) may not pursue a job, function or activity contrary to the interests of the national undertaking.
(4) The Director (Deputy Director) will make a promise to the Minister of Industry that he will faithfully fulfil his duties. In Slovakia, the Director of the National Enterprise will make this promise to the industry and trade manager.
(1) The Director of a National Undertaking shall conduct business and technical operations of the National Undertaking and shall take all measures and decisions in the management of the National Undertaking, except as regards the responsibilities reserved to the Board of Directors or the central (regional) authority; is obliged to take care of the interest of the national undertaking. If the Board is not, or is unable to act, or if there is a danger in delay, it is for the Director to take appropriate measures; is obliged to report them to the Board of Directors at the next meeting.
(2) The Director shall implement the decisions of the Board. However, if it considers that a Board of Directors' resolution is prejudicial to the interests of a national undertaking, it shall stop them and report immediately to the Board of Directors and the competent authorities. The authority in charge must decide on the matter with speed.
The Director and the Deputy Director shall become staff of the national undertaking. The Director shall be represented by a Deputy Director with the rights and responsibilities of the Director.
(1) The Director (Deputy Director) represents the national undertaking externally and is empowered to all judicial and extrajudicial acts and legal acts relating to the operation of the national undertaking. The restriction of authorisation provided for in this Regulation shall not have any legal effect vis-à-vis third parties.
(2) The national undertaking shall notify its Director (Deputy Director) for registration. The Director (Deputy Director) is to make his signature before a commercial court or submit his signature in a certified form. It shall be signed in such a way that the Director (Deputy Director) shall attach his signature to the printed or any written legal title of the undertaking.
Financing of national enterprises.
(1) When a national undertaking is set up, the net asset value of its collective wealth shall be the net asset value transferred by the State to the national undertaking.
(2) If equity is insufficient to perform the tasks of a national enterprise, it may be increased either by cash or by the benefit of other values.
(3) Stem assets may be reduced either by the use to write off balance sheet losses or by the contribution of parts thereof in the manner set out in Paragraph 23 (1) (b), if they exceed the amount of Common Equity assets permanently needed to carry out the tasks of the national undertaking.
(4) Proposals for increases or reductions in Common Equity shall be submitted by the Central Authority; the proposals will be decided by the Minister for Industry, Slovakia, in agreement with the Minister for Industry and Trade.
(5) Furthermore, tribal wealth may be reduced in parallel and increased in asset transfers between national enterprises. Where national undertakings are subject to the same central (regional) authority, such changes shall be approved by the central (regional) authority, otherwise the Minister of Industry, in Slovakia, in an agreement with the Trade and Industry Officer.
(1) The remuneration of programme investments (Section 8, No 6) is generally linked to the increase in the share capital of the national enterprise.
(2) Other investments are borne by the undertaking from its normal resources.
(1) The necessary own funds over the amount given by the Common Equity Fund and the reserve fund are granted by the national undertaking. If the loan is long-term, the approval of the central (regional) authority is required.
(2) The company must ensure that the circulatory capital is maintained at an appropriate level and on-the-spot with regard to economy and operational financing needs.
(1) The net profit of the national undertaking shall be distributed as follows:
1. Up to the profit expected (budgeted) according to the economic plan:
(a) a 10% (§ 24 of Decree-President of the Republic No. 104 / 1945 Coll.) shall be allocated to the racing council;
(c) the remainder shall be shown to the balancing account.
2. Part of the profit that exceeds the profit expected (budgeted) in accordance with the economic plan:
(a) the racing board shall be assigned 30% (§ 24 of the President of the Republic No. 104 / 1945 Coll.);
(c) the remainder shall be shown to the balancing account.
(2) Until such time as the undertaking is ordered to operate under an approved economic plan, and if the levy pursuant to Paragraph 23 (2) (c) does not cover the replacement service of the NFE, the net profit referred to in paragraph 1 shall be distributed.
(3) The remainder of the net profit referred to in paragraphs 1, 1, (c) and 2 (c) shall be paid no later than 14 days after the approval of the distribution of profits to the equalisation account held with the Ministry of Finance. The use of amounts held in this account shall be decided by the Government.
If a national undertaking shows a balance sheet loss not paid in accordance with Paragraph 23, it shall be debited to the reserve fund. If the reserve fund is insufficient, the loss shall be transferred to a new account. If the losses transferred exceed 1 / 4 of the share capital, these losses shall be written off to the share capital.
In the balancing account (Section 21 (3)):
1. For his benefit:
(a) net profit contributions pursuant to Paragraph 21;
(b) the contributions resulting from the reduction of the share capital of the national enterprise (§ 17 (3)); these amounts are used for programme investment in another national enterprise;
(c) the liquidation surpluses of the repealed national undertakings;
2. to his point:
(a) vouchers to national enterprises for programme investment approved by the Minister of Industry in agreement with the Minister of Finance, after
(b) the amounts charged to national undertakings to cover their balance sheet losses, approved by the Minister of Industry in agreement with the Minister of Finance;
(c) the contribution of the Fund of the National Economy to the interest and amortisation of securities issued by that Fund for compensation for the national assets and in respect of the remainder;
(d) a contribution to the Treasury.
Social, educational and similar funds.
(1) Property allocated to a national undertaking designated for social, educational and similar purposes must not be withdrawn from its designation. If such property forms a separate character as a social, educational or similar fund, the existing rules apply. The transfer of equipment intended for the well-being of employees, which was established before 27 October 1945, to the race council of the plant of which they serve the employees and to the wealth of the regional councils in mining, is subject to the provisions of § 38 of Decree President of the Republic No. 104 / 1945 Coll.
(2) In order to cover the costs of carrying out professional training (training of professional workers) and equipping the relevant facilities (teaching establishments and schools), funds shall be created, managed by central (regional) authorities; the funds shall acquire the resources necessary to carry out their tasks from national contributions or from other sources.
Accounting of national enterprises.
(1) National undertakings are required to keep their books and records in accordance with the principles of sound double-entry accounting until uniform industrial accounting directives are adopted.
(2) The business year of the national undertaking is regularly covered with the calendar year. The Minister of Industry, Slovakia, in agreement with the Commissioner for Industry and Trade, may provide for derogations for each sector.
(3) The accounts shall be drawn up and submitted to the supervisory authorities within the time limits specified by the central authority.
Corporate control.
National undertakings may be controlled in all aspects of the business activity by the competent central authority in Slovakia. The central authority may order the regional authority to carry out the control of the subordinate national undertaking and may participate in that control by its authority. The authorities empowered by them shall be entitled to consult all documents and books of the undertaking, to enter all its premises, to request the necessary explanations and to attend meetings and meetings of the Board of Directors without voting. The costs of the inspection shall be borne by the central (regional) authority.
National business employees.
All employees of national companies are employees in private law and their wage, salary and working conditions are governed by the rules applicable to the relevant industry and the type of employment without prejudice to the provisions of § 25, paragraph 2 of Decree President of the Republic No. 100 / 1945 Coll.
The staff of the national undertakings shall be recruited, assigned to posts and released by the Director with the participation of the race council pursuant to § 22 of Decree of the President of the Republic No. 104 / 1945 Coll.
If an employee of a national undertaking has shown exceptional work performance and thus not only has contributed to an increase in the overall performance of the undertaking, but also, by example, has worked on the working level of its surroundings or its whole, it may be awarded an appropriate remuneration within the limits of the applicable rules after consultation of the race council.
(1) Proposals which have been made to improve or streamline the operation, production process or disposal of products of an undertaking may, within the limits of the applicable rules, be awarded a remuneration to the employee who is the author of the proposal.
(2) The proposal should be examined in an expert manner even if the originator has not added a numerical analysis. The result of the examination shall be communicated to the originator and the racetrack.
(3) In determining the level of remuneration, account shall be taken of the economic benefits of the proposal adopted.
Research.
National enterprises are obliged to take care of, contribute to, and participate in testing and research under the special regulations issued by the Minister of Industry in Slovakia, in agreement with the industry and trade delegate.
Central (regional) authorities.
(1) National central authorities shall establish, on a proposal from the Minister of Industry, a government for the single management and business provision of common affairs for national enterprises. In Slovakia, on a proposal from the Minister of Industry, made in agreement with the Minister for Industry and Trade, the Government will also establish regional authorities. A joint regional authority may be set up for national enterprises of related industries, even if they are subject to different central authorities. In this case, the regional authority must report the activities of the national undertakings separately according to their jurisdiction to the central authority.
(2) Each national enterprise will be subject to a central authority, in Slovakia also to a regional authority.
(3) The central (regional) authority is to be designated by the Government, on a proposal from the Minister of Industry, on the basis of the company's wording, the subject of business, its registered office and the number of members of the Board of Directors (alternates); changes are also approved by the Government. With regard to regional authorities, the Minister of Industry makes proposals in agreement with the Commissioner for Industry and Trade.
(4) The establishment of a central (regional) body, the company text, the subject matter of the business and its registered office will be published in the Official Journal of the Republic of Czechoslovakia and in the Úradnom vestník. Similarly, changes to the company, the subject matter of the business and the seat of the central (regional) authority are announced.
The members of the board of directors (alternates) of the central and regional authorities shall be appointed by the government, on a proposal from the Minister of Industry, made in agreement with the ministers involved after hearing the relevant central trade union organisation, the relevant interest organisation and, depending on the nature of the industry as well as other professional organisations and institutions, and, as regards the members of the board of directors (alternates) of the regional authority, also in agreement with the industry and trade delegate.
(1) The Central Director (Deputy Directors) is appointed and dismissed by the Government on a proposal from the Minister of Industry, made after hearing the Central Council of Trade Unions and the relevant industrial interest organisation and according to the nature of the industry and other professional organisations and institutions.
(2) The Regional Directors (Deputy Directors) are appointed and dismissed by the Government on a proposal from the Minister of Industry, made in agreement with the Minister for Industry and Trade, after hearing the Central Director, the Centre for Trade Unions of Slovakia and the Central Association of Slovak Industry.
Central authority
1. Appoints and withdraws the Directors (Deputy Directors) of subordinate national undertakings pursuant to Article 12 and approves their employment contracts;
2. Appoints and withdraws two thirds of the members and alternates of the board of subordinate national undertakings pursuant to Paragraph 4 (3);
3. decide to bring an action for damages brought by failure to fulfil the duties of the Director (Deputy Director) or the members of the Board of Directors of a subordinate national undertaking;
4. submit a proposal for the establishment of a new national undertaking;
5. Comments on the proposal to change the subject of business, in the case of which it itself proposes such changes;
6. Proposals to integrate a national undertaking into another central (regional) body;
7. Suggests an increase or reduction in the common equity of subordinate national undertakings;
8. Approves the relative reduction and increase of common equity in transfers between subordinate national undertakings (§ 17 (5));
9. Checks and proposes programme investment plans for subordinate national enterprises for their deliberate construction;
10. Approves the purchase, disposal and encumbrance of the assets of subordinate national enterprises with a value of less than 10% of the total capital, but not more than CZK 5,000,000;
11. submit observations on the proposal of a subordinate national undertaking for the purchase, disposal and encumbrance of real estate in excess of the value below 10;
12. sets out the principles for obtaining credit and for carrying out other financial transactions for subordinate national undertakings;
13. Approves the proposals of subordinate national undertakings for long-term credit;
14. shall ensure that the organisation of subordinate national undertakings is unified by issuing administrative, operational, technical and other regulations;
15. Directs the activities and mutual cooperation of subordinate national undertakings;
Contents
ODDÍL I.
Část prvá.
§ 1.
§ 2.
§ 3.
Část druhá.
§ 4.
§ 5.
§ 6.
§ 7.
§ 8.
§ 9.
§ 10.
§ 11.
Část třetí.
§ 12.
§ 13.
§ 14.
§ 15.
Část čtvrtá.
§ 17.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
Část pátá.
§ 24.
Část šestá.
§ 25.
Část sedmá.
§ 26.
Část osmá.
§ 27.
§ 28.
§ 29.
§ 30.
Část devátá.
§ 31.
ODDÍL II.
§ 32.
§ 33.
§ 34.
§ 35.
§ 36.
§ 37.
§ 38.
§ 39.
ODDÍL III.
§ 40.
§ 41.
§ 42.
ODDÍL IV.
§ 43.
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Regulation Information
| Citation | Decree of the Government No. 6 / 1946 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.01.1946 |
|---|---|
| Effective from | 25.01.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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