Decree No. 61 / 1980 Coll.
Decree of the Federal Ministry of Foreign Trade on the establishment and operation of the organisational units of Czechoslovak legal entities abroad
Valid
Effective from 01.07.1980
61
DECLARATION
Federal Ministry of Foreign Trade
of 29 May 1980
on the establishment and operation of organisational elements of Czechoslovak legal entities abroad
The Federal Ministry of Foreign Trade provides, in agreement with the Federal Ministry of Finance, the Federal Ministry of Transport and the State Bank of Czechoslovakia pursuant to § 42 of Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs ("the Act '):
Subject matter and scope of the adjustment
The provisions of this Decree concern the establishment of organisational elements of Czechoslovak legal entities abroad to carry out or support an economic activity, regardless of the legal status of such an entity abroad and within the organisation of a Czechoslovak legal entity.
Application for authorisation to establish and operate an organisational branch of a Czechoslovak legal entity abroad
(1) In the application for authorisation to establish and operate an organisational component abroad, the Czechoslovak legal person shall indicate in particular:
(a) the purpose pursued by the establishment of an organisational component abroad;
(b) the subject matter and scope of the organisation's activities abroad;
(c) the expected economic benefits to the Czechoslovak national economy;
(d) domestic and foreign costs associated with the establishment and activity of the organisational body abroad;
(e) the proposed staffing of the organisational body;
(f) analysis of the legal status of the proposed component within the organisation of the Czechoslovak legal person;
(g) a detailed analysis of the legal status of the organisational body abroad, including the conditions laid down by the legislation of the competent State for the establishment and proposed activity of the organisational body;
(h) analysis with regard to the tax rules of the State concerned.
(2) The request will be accompanied by a Czechoslovak legal person's statement from the commercial department of the competent Czechoslovak representative office.
(1) The application pursuant to Article 2 is submitted by a Czechoslovak legal person in five copies to a central authority, which is competent under Article 41 of the Act to issue an authorisation for the establishment and operation of an organisational component of a Czechoslovak legal entity abroad.
(2) If the central authority which is not competent to issue an authorisation under Paragraph 41 of the Act is not a central authority of a Czechoslovak legal person seeking authorisation to establish and operate its branch abroad, the Czechoslovak legal person shall submit an application via his superior central authority. Czechoslovak foreign exchange banks submit requests to the Czechoslovak State Bank.
If the application does not contain the required particulars or is not supported by the prescribed documents, the competent central authority shall invite the applicant to remedy the deficiencies identified within the prescribed time limit. If the applicant does not comply with this call within the time limit set, the competent authority shall reject the application.
The authorisation for the establishment and operation of an organisational component of a Czechoslovak legal entity abroad shall provide for a central authority which is competent under Section 41 of the Act to grant it, the scope and the manner in which it operates.
A central authority which, pursuant to Article 41 of the Act, has granted a Czechoslovak legal person an authorisation to establish and operate its organisational component abroad may revoke or amend the authorisation granted if:
(a) in the course of or in connection with the operation of an organisational component abroad, the Czechoslovak legislation or conditions laid down in the authorisation shall be infringed;
(b) the facts on the basis of which the authorisation was granted have changed or disappeared.
Establishment and operation of organisational branches of Czechoslovak legal entities abroad without permission
(1) An authorisation to establish an organisational component of a Czechoslovak legal entity abroad is not required where such establishment is provided for in an international agreement binding on the Czechoslovak Socialist Republic and the State in whose territory the organisational component of a Czechoslovak legal entity is to be established.
(2) In the cases referred to in paragraph 1, the central authority which is otherwise competent to authorise the establishment of an organisational component of a Czechoslovak legal person abroad, within the limits of the international contract referred to in paragraph 1, shall determine the scope and manner of the operation of such an organisational component.
The authorisation provided for in Section 41 of the Act is not necessary to establish an organisational component of a Czechoslovak legal entity abroad, provided that it provides exclusively technical operation of the means of transport used by that Czechoslovak legal entity abroad.
Transitional and final provisions
The authorisation to establish and operate an organisational branch of a Czechoslovak legal entity abroad granted under § 41 of the Act does not replace the authorisation to operate abroad under § 8 of the Act, the authorisation to provide foreign economic services under § 21 of the Act and neither does the authorisation to provide foreign exchange economy legislation. 1)
Paragraph 1 (1) (b), § 1 (2), § 5 and § 12 (4) of the sentence of the first decree of the Federal Ministry of Foreign Trade and of the Federal Ministry of Finance No 17 / 1973 of the Bulletin of the Federal Ministry of Foreign Trade on property business abroad is hereby repealed.
This Decree shall take effect on 1 July 1980.
Minister:
Ing. Barčák v. r.
1) Act No. 142 / 1970 Coll., on Foreign Exchange Economy. Decree No. 143 / 1970 Coll., implementing the Foreign Exchange Management Act.
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Regulation Information
| Citation | Decree of the Federal Ministry of Foreign Trade No. 61 / 1980 Coll., on the establishment and operation of organisational elements of Czechoslovak legal entities abroad |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.06.1980 |
|---|---|
| Effective from | 01.07.1980 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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