Decree of the Ministry of Finance No. 62 / 2001 Coll.
Decree of the Ministry of Finance on the Management of Organisational Components of the State and State Organisations with State Property
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62
DECLARATION
Ministry of Finance
of 29 January 2001
on the management of the State's organisational units and state-owned organisations
The Ministry of Finance provides, pursuant to Section 65 of Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, hereinafter referred to as "the Act":
IMPLEMENTATION OF THE STATE ORGANISATIONS
(K § 4 and 5 of the Act)
(1) A request for prior consent to the establishment of an organisational component of a State (hereinafter referred to as "the request") shall be made by the founder (Article 4 (1) of the Act) to the Ministry of Finance (hereinafter referred to as "the Ministry") in writing no later than 31 March of the current calendar year preceding the year in which the organisational component of the State (hereinafter referred to as "the organisational component") is to be established. Where the establishment of an organisational component is necessary due to a specific statutory change in the competence of the body, an application may be made, irrespective of the time limit laid down in the first sentence.
(2) The application referred to in paragraph 1 shall be accompanied by a draft instrument of incorporation of the organisational component and an economic analysis of the financing of the organisational component for a period of at least three years following the expected date of establishment of the organisational component. The determination of the assets of the State (hereinafter referred to as "the assets') entrusted by the founder to the organisational component shall be made only as preliminary in the draft instrument of incorporation.
(3) The Ministry shall process the application within 30 calendar days of its receipt.
(1) The establishment list of the organisational component shall include:
(a) the designation of the founder, including the identification number of the person;
(b) the name and address of the organisational body;
(c) the date, month and year of establishment of the organisational component;
(d) determining the period for which the organisational body is set up and, where appropriate, indicating that it is set up for an indefinite period;
(e) setting out the purpose for which the organisational body is set up and the relevant subject matter of the activity of the organisational body;
(f) the identification of the assets entrusted by the founder to the organisational component when it is established;
(g) the organisational arrangements of the organised organisational component or the provision that the organisational arrangements of the organisational component shall be determined by its manager;
(h) the functional designation of the management body.
(2) The founder may reserve the approval of legal proceedings in the instrument of incorporation in accordance with the provisions of Paragraph 45 (2) of the Act.
(3) The measure of the founder (§ 4 (1), § 53 (1) and (2) of the Act) on the amendment of the instrument of incorporation (§ 5 (1) of the Act) shall be annexed to the instrument of incorporation as an addendum thereto. Amendments to the instrument of incorporation may be made by the founder only if the content of the instrument of incorporation referred to in paragraph 1 is maintained.
(1) The determination of the assets entrusted to the organisational component when it is established shall be made by the founder by means of an inventory; Similarly, the organiser shall, in the context of the amendment of the instrument of incorporation (Section 5 (1) of the Act), proceed to the extent of the assets with which the organisational body is responsible at the date of the amendment.
(2) The inventory referred to in paragraph 1 shall form an integral part of the instrument of incorporation of the organisational component and, where appropriate, of the measure amending the instrument of incorporation.
(3) The information on assets with which the organisational body becomes competent only after its establishment or with which it ceases to be responsible after its establishment and is not a partial change to the extent of the assets of the founder's decision (Section 5 (1) of the Act) is not included in the instrument of incorporation.
(1) The assets are to be identified in the inventory under the following breakdown:
(a) immovable property recorded in the register of immovable property, individually with the particulars required for registration in the register of immovable property;
(b) movable and immovable property which are not recorded in the property register;
1. individually, if they are long-term property, in the case of immovable property with an indication of the land on which they are located;
2. by species and quantity, if they are stocks,
(c) total funds
1. as cash,
2. in accounts,
(d) total prices,
(e) shares by public limited liability company, specifying the ISIN, if any, the number of units and their form and nominal value,
(f) other securities by type, specifying the ISIN, where allocated, the number of head and the details of their form and nominal value;
(g) equity interests consisting of shares in companies other than shares by company;
(h) claims on cash and, where appropriate, not yet received cash or compensation from organisational bodies and state organisations (Section 16), with an indication of the total nominal value;
(i) the rights to intangible property (trade marks, patents, utility models, designs, improvements, etc.) individually;
(j) separately acquired software in total;
(k) other assets, if entrusted to the organisational body.
(2) A separate list shall be provided:
(a) real estate and movable property, or, where appropriate, their files declared a cultural monument;
(b) collections of museum and gallery value;
(c) library funds.
(3) In the case of assets held in the accounts, the inventory shall at the same time indicate the prices, according to the information, in the accounts of the founder or, where appropriate, the other organisational components set up by him, which were still responsible for the management of the assets entrusted to him.
(1) Upon the establishment, modification or termination of the organizational component (§ 4 (1), § 53 (1) and (2) of the Act), the issuer of the Central Journal of the Czech Republic shall, in writing, communicate the date of issue of the relevant measure by which the formation, modification or termination of the organisational component has been decided, the reference number under which it was issued and the date on which the action took effect (date of creation, modification or termination of the organisational component).
(2) In the event of the formation of an organisational component, the founder (§ 4 (1) of the Act) shall also communicate to the publisher of the Central Journal of the Czech Republic the information according to the establishment document to the extent specified in § 2 (1) (a), (b), (d) and (e) and the identification number of the person who was assigned to the organisational component. 2)
(3) In the event of a change in the instrument of incorporation of the organisational component to the extent set out in the provisions of § 2 (1) (a), (b), (d) and (e), the founder (§ 4 (1), § 53 (1) and (2) of the Act) shall also communicate to the publisher of the Central Journal of the Czech Republic the information according to the measure on the change of the instrument of incorporation. Where the organizer has decided to change the organisational structure of the organisational body, to change the extent of the assets with which the organisational body is responsible or to change other instruments of incorporation, it shall indicate the substance of the change in the report. Paragraph 45 (2) of the Act shall apply to the amendment or withdrawal of the reservation to approve legal acts based on the instrument of incorporation.
(4) In the event of the disappearance of the organizational component, the founder (§ 4 (1), § 53 (1) and (2) of the Act) shall also communicate to the publisher of the Central Journal of the Czech Republic which the organizational component under its control takes over the exercise of the rights and performance of the obligations after the ceased organisational component, or that it takes over the exercise of the rights and performance of the obligations itself.
(5) The provisions of paragraphs 1 to 4 shall not apply where notification of the formation, modification or termination of the organisational component is not made in the Central Journal of the Czech Republic (Section 5 (3) of the Act).
OPERATIONAL EVIDENCE
(K § 15 of the Act)
(1) The operational records of the assets referred to in § 10 of the Act are kept by the relevant organisational bodies (§ 11 of the Act) in order to provide an overview of the extent, valuation, status and place of deposit of the property, as well as of the manner in which it handled the assets.
(2) Data and records of operational records shall be taken in a verifiable, comprehensible and legible manner and may be corrected only with the date and signature of the person who made the correction. Registration aids and documents shall be kept in such a way that they cannot be lost, damaged, misused and altered by unauthorised persons. The electronic management of the operational record and the use of the means of computing, other techniques and technical data media shall be permitted only if the rules governing the keeping of the operational record and its purpose are maintained and provided that the operational records are kept in a consistent manner in the relevant organisational component and in all cases of property referred to in Section 10 of the Act; This applies mutatis mutandis if only certain types of recording equipment are maintained in this way.
(3) The correctness of the data and procedures of the operational records shall be verified by the relevant organisational units by regular annual inventory, carried out on 31 December of each calendar year in the form of a check of the state and level of the keeping of the registers and documents, in the case of immovable property registered in the register, by comparing the data in the registers with the actual situation in the case of other matters.
(4) The organisational component responsible for the management of the property pursuant to § 11 (2) of the Act keeps the property in the operational register according to its territorial workplaces (22) and progresses in the use of the evidence tools according to § 7 to 13. This is also the case if it is responsible for the management of the property on the basis of a measure issued by the Ministry under the provisions of Section 11 (3) of the Act.
(5) The organisational components responsible for the management of the property referred to in § 11 (1) of the Act and the organisational components responsible for the management of the property on the basis of a measure issued by the Ministry pursuant to § 11 (3) of the Act, not the organisational component referred to in paragraph 4, shall proceed when using the evidence tools provided for in § 7 to 13, taking into account the nature of the property and procedures imposed on those organisational components by specific legislation. The Ministry and other relevant central administrative authorities may lay down more detailed rules for the keeping of operational records by internal guidance for such bodies.
(1) The following recording aids are used to keep operational records:
(a) the nature register;
(b) name index to the substance register;
(c) the list, description and valuation of the property;
(d) stock books;
(e) an overview of key movement;
(f) the document file.
(2) The method of depositing the evidence items referred to in paragraph 1 shall exclude free access from persons who are not employees classified in the branch of the property management branch referred to in Section 10 of the Act. The appropriate method of protecting and using the means of recording shall be ensured even if the means of recording are kept electronically.
(3) The evidence items referred to in paragraph 1 (a) to (e) shall be issued by the Ministry in the form of forms. The content, particulars and arrangements provided for in these forms for each document shall also be binding on the document kept electronically. If this Ordinance requires special formalities for the registration aid relating to the integrity and security of the evidence of the document, these conditions must be fulfilled in a comparable manner even if the registration aid is kept electronically. The recording equipment kept electronically shall be kept in such a way as to record on a permanent basis the gradual taking of the individual alerts, any changes and additions thereto, as well as any other interference with the recording equipment.
(4) If the organisational component is to switch from the paper line to the electronic line to the recording aid, or vice versa, it shall complete the use of the existing recording aid for the cases under development and the new cases shall start to be carried out in the newly established recording aid. In the event of a change in the management of an electronic-to-paper recording material or due to capacity depletion, the existing recording material, which is maintained as a paper material, shall request the Ministry, in good time, to send the necessary recording material.
(1) The register of essential elements is bound and its individual sheets are numbered and stitched. It shall bear an indication of the number of sheets it contains and shall bear a seal at the place of stitching. The substance register shall indicate the day, month and year when it was started to be used. It shall always be accompanied by the signature of the head of staff who, during the period concerned, shall direct the unit (internal organisational unit) providing for the management of the property referred to in Section 10 of the Act.
(2) Any case of property referred to in Section 10 of the Act shall be entered in the Register of substance in the order in which the organisational body became aware of the case. If the case involves a group of multiple asset items (e.g. inheritance), one entry shall be made on the case. Individual entries shall be numbered over the years without interruption.
(3) The substantive description of the case shall be governed by the legal basis for the acquisition of the assets by the State or, where applicable, by the provision of Paragraph 10 (b) of the Act; at the same time, the correlation data prescribed for the nominal index to the substance register (Section 9) shall be provided.
(4) If it is subsequently found not to be State property, this finding shall be noted in the register after the case has been completed.
(1) The nominal index to the substance register shall be kept alphabetically according to the name or name of the last owner or, if known, another creditor. If the last owner or other creditor is not known, the individual cases kept in the register shall be entered in alphabetical order in the name index.
(a) according to the cadastral territory, if it is a immovable property;
(b) according to the name of the authority which transferred the property other than the immovable property to the organisational component or is the originator of the legal reason for the acquisition of the property by the State.
(2) In the case of the assets referred to in § 10 (b) of the Act, individual cases held in the substance register shall be entered in the name index of the register in alphabetical form according to the name of the organisational component or, where applicable, of the state organisation (§ 54 to 56 of the Act), which was last responsible for the management of the property and, if not known, under the name "State '.
(3) The particulars referred to in paragraph 1 or 2 shall always be mentioned in the serial number under which the case is kept in the register of substance.
(1) The list, description and valuation of the property is always part of the document file and is indicated by the serial number under which the case is kept in the register of substance. The entries in the list may be supplemented if other related property items or prescribed data are identified gradually.
(2) Assets are broken down in the list by asset item. The description of the property items shall be carried out in such a way as to enable them to be identified and to exclude any confusion between them. Within one asset item, the number of pieces may be indicated only by the species of the same part of the property which is worthless or of a small price. For each asset item, the location and, where applicable, the storage method shall be indicated. Where there is a claim or other right, details of the debtor shall be provided.
(3) For the valuation of cases, the valuation according to their status shall be used at the time when the organisational component took over according to its jurisdiction. For immovable property, means of transport and movable property for which a higher price can reasonably be expected, as well as for rights and other assets where the price cannot be expressed at nominal value, the valuation under the law governing the valuation of assets and effective at the valuation date is always decisive for these purposes. If there are matters declared to be a cultural monument, objects of art and collections of museum or gallery value, the award to be carried out by a professional workplace designated by the Ministry of Culture may also be used for this purpose. In the case of archivaly, 3) the evaluation by the Ministry of the Interior may also be used for this purpose. Where the valuation has been carried out by an expert either in proceedings prior to the acquisition of the assets by an organisational body or otherwise on the occasion of the acquisition of the assets by the State, the price thus established shall be indicated in the list referred to in paragraph 1.
(4) The evaluation of movable goods which do not require the valuation referred to in paragraph 3 may be carried out by an organisational body. The evidence of the method of valuation referred to in this paragraph and in paragraph 3 shall always form part of the document file. If the evaluation has been carried out in bulk, the lodging of such documents in another document file may be invoked.
(5) Where the State has transferred to the State in connection with the acquisition of assets the debts of the previous owner or the property is subject to a lien which does not cease to exist by the transfer to the State (Paragraph 41 of the Act), those debts and liens shall be included in the list, mutatis mutandis, in accordance with paragraphs 1 to 4; the obligation to keep accounts under the provisions of Section 38 of the Act is not affected.
(1) The stock book shall be kept separately for movable goods held by the organizational component in storage, and separately for valuable and small movable goods (including, for example, holding books and paper securities) stored in the safe. It is bound and individual sheets are numbered.
(2) Articles shall be entered individually in the stock book unless they are a set of items of one kind within a single case; In addition to a concise description of the case, the serial number of the case shall be given according to the nature register and the date of the deposit. Where a case is being issued from a warehouse or from a vault, the stock book shall state when and for what reason it has happened and who took over the case.
(3) Where the item is stored in a safety deposit box, paragraphs 1 and 2 shall apply mutatis mutandis; a note shall be made on the special storage method in the stock book. The provisions of Section 12 shall apply to keys taken over or taken over in the vault or in the safety deposit box.
The receipt or acquisition of keys, the storage of keys in a safe deposit box or in a safety deposit box, and the handling of them, shall be given a separate overview of the movement of keys to which entries are made in a similar manner to that of the stock book.
(1) A separate document file shall be established and maintained for each case kept in the substance register. The serial number of the case shall be indicated according to the substance register and the year in which the case was entered in the substance register. The individual sheets of the document file shall be numbered in a time series and shall be kept on a separate sheet. All documents relating to the case shall be entered in the file.
(2) When the property is dealt with in the prescribed manner (Section 15 (2) and (3) of the Act) and, where appropriate, settled past debts on the State (Section 41 of the Act), but no longer than at the end of the period referred to in Section 15 (4) of the Act, the organisational body shall draw up and include a final set of assets in the document file. In the final set of assets, it shall quantify the total value of the assets originally acquired by the State, the total value of the transactions actually received and the proceeds from the sale of the assets and the total value of the debts still settled by the State; indicate at the same time the amount of costs incurred so far.
(3) The document file shall be closed after completion of all the operations necessary for the disposal of the property, the recovery of debts and the settlement of debts and the reimbursement of the costs associated with it. If it is not possible to close the document file in this way even within the time limit laid down in Article 15 (4) of the Act, its management shall continue as necessary. This fact shall be noted in the substance register and shall indicate in the list, description and valuation of the assets with which items the organisational body will continue to manage under the provisions of Section 9 of the Act. The continued management of the document file is without prejudice to the procedure laid down in Paragraph 14 (2) of the Act; when the assets are entered in the accounts, an indication of its valuation shall be used according to the current operational records.
(4) In the case of goods in storage, as well as items (keys) in the vault (safety deposit boxes) with which the organisational component will continue to be responsible under the provisions of Section 9 of the Act, a note will be made to the stock book (in the overview of key movements). If these items are taken over by another service (internal organisational unit) within the relevant organisational component, the stock register (in the overview on key movement) shall be terminated.
(5) The Head of Staff of the department within which the file is kept shall give his written consent to the closure of the file. Consent to the deposit and archiving of the document file shall be given in writing by the senior staff member in accordance with the provisions of Paragraph 8 (1).
LEGAL PROVISIONS AND RELATIONS BETWEEN ORGANISATIONS AND STATE ORGANISATIONS
(K § 19 and 55 of the Act)
(1) Organisational elements shall, within the scope of their competence or the scope of their activities, regulate their relationships in the management of property and other legal conduct by registration. State organisations and state organisations and organisational bodies shall, within the scope of a specified activity or their competence, regulate their relationships in the management of property and other legal acts by written contract. In their mutual relations, the organizational bodies and state organisations shall ensure that the statutory basic obligations for the management of the property are consistently respected, and that the transactions resulting from the records and contracts entered into are of the nature of the assets or liabilities kept in the accounts shall be treated mutatis mutandis under the accounting legislation.
(2) The participating organisational units shall be identified in the minutes by their name, registered office and identification number of the person, together with the name and function of the natural person entitled to sign the registration, as well as the reason which entitles that person to sign. Where an organisational component is subject to registration with a specific property, the registration shall always state the reason for the competence of that branch to manage such property. If the registration changes the competence of the organisational body to manage the property, the date on which the change occurs shall be entered in the minutes and the transferring and receiving organisational component shall be identified. In the context of asset data, the price indication shall also be given according to the status in the accounting (operational records) of the transferring organisational entities. The content of the other arrangements in the minutes shall be subject mutatis mutandis to the provisions of the specific legislation governing the contract type, which is closest to the registration, and to the conditions and other rules resulting from the specific legislation and this decree.
(3) If the registration or contract changes the competence to manage the property, the transferring organisational body or the state organisation shall at the same time transmit proof of the acquisition of the property by the State, if it is available to it, as well as other legal and technical documentation relating to the property at its disposal and necessary for the proper management of the property; in the framework of this, it shall, in particular, demonstrate the current legal relationship of other organisational bodies or state organisations or other legal and natural persons with regard to such property, which shall at the same time inform the management of such change of jurisdiction in writing. That procedure shall also apply mutatis mutandis where the jurisdiction to manage the property is changed under the provisions of Section 20 of the Act. The relevant documentation shall also be transmitted to the necessary extent by the relevant organisational bodies or state organisations in their other legal acts.
(4) The registration and contract cannot establish a relationship between the organisational components and the state organisations incompatible with the subject matter of the activity or with the financing method of any of the participating organisational components or state organisations, and transactions having the nature of the lien and other similar transactions which could affect the competence of the organisation or the state organisation to manage the property cannot be negotiated.
(5) Relations between the organisational components and the state organisations whose purpose is to perform the nature of the service or to delegate the matter to consumption or use may be adjusted by the registration or contract, provided that it is necessary to ensure the exercise or activity of an organisational body or a state organisation, or where the public interest so requires, even without a time limit, but only to such an extent as to prevent the performance of the organisational component or of the State organisation operating the case from exercising its competence or activity.
(6) An organisational component or a state organisation which uses or enjoys an item with which another organisational component or a state organisation is responsible may not leave it to another person or other organisational component or organisation for use or consumption.
(1) An organisational component or a state organisation may only establish its jurisdiction by registration or contract in accordance with the provisions of Section 14 if it needs such property to ensure the exercise of its competence or activity, and in cases where the public interest so requires or the decree imposes. This shall be without prejudice to the procedure provided for in specific legislation, where such specific legislation would not allow the organisational body or the state organisation to take over certain assets within its jurisdiction.
(2) Where there is an interest in assets offered under the procedure provided for in Articles 19b (4) and (5) and Article 19c (1) of the Act in several organisational elements or state organisations, the relevant organisational body or state organisation (Sections 9 and 11 of the Act) shall act on the change of jurisdiction of the management of the property with the interested party who needs the property to perform the tasks of the Security Corps or in connection with the performance of those tasks; if such a candidate is not able to manage or to benefit from a change of jurisdiction, he shall treat the candidate who has fulfilled the conditions laid down in the tender, if they have been laid down. If the conditions have been met by more than one candidate and the order cannot be set or no conditions have been laid down and the candidates do not agree otherwise, the relevant organisational body or public organisation shall negotiate with the candidate who shall be designated by a lot in the presence of at least three members of the panel established under that organisational body or public organisation or in the presence of representatives of all candidates; This is without prejudice to the provisions of Sections 16 (2) and 19 (2).
(3) If the property offered by the State Representation Office in matters of property (hereinafter referred to as "the Office ') is subject to its procedure under Paragraph 19b (2) of the Act, the procedure laid down in paragraph 2 shall apply mutatis mutandis.
(4) If the property is to be taken over by an organisational body or a State organisation under the provisions of Paragraph 19b (1) of the Act, for reasons of need or public interest, by an organisational body or a state organisation within the competence of the same founder (founder) or central administrative body, or by the transferring organisational body (s), or, where applicable, by that founder (s), or by a central administrative authority, or by an asset offered as a priority for taking over under the provisions of Section 19b (3) of the Act, between the organisational elements and the State organisations within the competence of the same founder (s) or the central administrative office for the purpose of more economic disposal with it, the procedure laid down in paragraph 2 shall not apply; any offer shall be made in an appropriate manner only within the competence of the founder (s) or the central administrative office, and the receiving organisational component or state organisation shall be designated by the founder (s) or the central administrative office in the case of several candidates.
(1) Unless otherwise provided, the organizational bodies and state organisations may, for transactions negotiated under the provisions of Paragraph 14, grant moneyfuls6) or, where appropriate, reimbursement 6) at the agreed amount, or they may agree that cash transactions and, where appropriate, compensation will not be granted for the transactions negotiated.
(2) Failure to reach an agreement on the provision of cash or compensation or the amount of such cash or compensation referred to in paragraph 1, as well as any other condition (Paragraph 15 (2)), shall not be considered as a reason to conclude that the organisational body or public organisation has not shown an interest within the meaning of § 19c (3) of the first sentence of the Property Act offered under the procedure under § 19b (4) and (5) and § 19c (1) of the Act.
(3) Organisational units and state organisations may only agree to grant benefits in kind for transactions negotiated under the provisions of Paragraph 14 if the special legislature (6) or this decree does not exclude the possibility of agreeing cash payments or compensation.
(4) Organisational units and state organisations may agree to netting them in the case of cash or compensation agreed pursuant to paragraph 1 or in the case of non-cash transactions agreed pursuant to paragraph 3.
(5) Where it is clear from all the circumstances of the case that further recovery of the cash or compensation agreed pursuant to paragraph 1 or in kind agreed pursuant to paragraph 3 would not be successful, the organisational bodies and state organisations may unilaterally waive such recovery. Where an organisation or a State contribution organisation has its body, it shall be subject to a unilateral waiver of enforcement by that body.
(6) An organisation or a state organisation as a claim or other right to transfer to another person pursuant to the provisions of Section 32 of the Act, or to treat it otherwise for the benefit of another person, shall not yet have been accepted.
(1) Where an organisation or a state contribution organisation ceases to have a registration or a contract of competence to manage real estate for the benefit of another organisation or state contribution organisation, and those bodies or state contribution organisations have different bodies, the registration or contract shall be subject to the written approval of both bodies. Without such approval, there will be no change of jurisdiction.
(2) If an organisational component or a State contribution organisation which has its founder, registration or contract of competence to manage real estate for the benefit of a state organisation other than a contribution which it does not have with the transferring organisational component or State contribution organisation of the joint founder, the registration or contract shall be subject to written approval by the originator of the transferring entity or State contribution organisation. Without such approval, there will be no change of jurisdiction.
(3) Where the transferor or, where applicable, the transferee organisation or the State contribution organisation does not have a sponsor, the provisions of paragraphs 1 and 2 shall not apply to that organisation or State contribution organisation.
(4) The provisions of paragraphs 1 to 3 shall not apply where the organisational body responsible for the management of the property pursuant to the provisions of Section 11 of the Act treats that property in accordance with the provisions of Sections 15 (2) and (3) of the Act or if it is taking part in the registration or contract to take over the property by the Office pursuant to the provisions of Section 19b (1) of the Act.
(1) If the property is to be taken over by the Office under an agreement pursuant to the provisions of Paragraph 19a of the Act, the registration or contract on the part of the transferring organisational body or state organisation shall be subject to the written approval of its founder (s) and, if it does not have the authority of the founder (s), the written approval of the central administrative office under whose jurisdiction the transferring organisational body or state organisation falls, or the written approval of another organisational body which is the competent authority of the State budget chapter for the transferring entity or organisation and, on the part of the Office, by the Ministry.
(2) If the transferring organisation itself is the administrator of the State Budget Chapter or if the transferring state organisation is not the founder of the transferring state organisation, and that state organisation is not within the competence of any central administration, the registration or contract shall be subject to written approval by the Ministry only.
(3) Without the approval referred to in paragraphs 1 and 2, there will be no change of jurisdiction over the management.
(1) If the relevant organisational body (Section 11 of the Act) deals with the property referred to in Section 10 of the Act for the benefit of another organisational body or state organisation, as required by the special nature of the property (Section 15 (2) of the Act), it shall proceed in accordance with paragraphs 2 to 10. This is without prejudice to the conditions and procedures for the management of the property by the organisational components competent under the provisions of Section 11 (1) of the Act, provided that they are governed by specific legislation.
(2) Artistic works, manuscripts, old and rare prints, collection items and other movable goods of museum and gallery or archive value, as well as movable and immovable property declared a cultural monument, are to be handed over to the organizational or state organisation designated by the Ministry of Culture or, in the case of archivalies3).
(3) Musical and gallery items of a military character shall be handed over to the Ministry of Defence or to an organisational component or to a state organization designated by the Ministry of Defence. Postage stamps and other postal prices, including their collections, if they have museum, gallery or archive value, shall be transmitted by the relevant organisational component to the Ministry of Industry and Trade. At the same time, the Ministry of Culture and, in the case of archivalies3, the Ministry of the Interior should be informed of the transfer of the items referred to in the first and second sentences.
(4) Motive items of archival value not covered by the procedure referred to in paragraphs 2 and 3 shall be transferred to the Ministry of the Interior.
(5) Medical devices (7) and medications( 8) are transmitted to an organisational component or to a state organisation under the responsibility of the Ministry of Health designated by this Ministry, unless otherwise specified by the Special Legislation (10).
(6) Unbranded tobacco products under the Excise Tax and Unbranded Alcohol Act shall be transmitted to the Directorate-General for Customs, including semi-finished products, raw materials, manufacturing components or manufacturing equipment used for the manufacture of unlabelled tobacco products or unlabelled alcohol.
(7) Forests and parcels intended for the performance of forest functions (12) are to be handed over to an organisation or a state organisation entrusted with the management of such property. If a state organisation entrusted with the treatment of such property is not covered by the Act (Section 54 (1), fourth and fifth sentences), that property shall be offered to it; in the event of its lack of interest and if it is not possible to follow the first sentence, further action shall be taken in accordance with Paragraph 15 (2) of the Law.
(8) In doubts as to whether the property is to be handled under paragraphs 2 to 5, an assessment of the nature of the property shall be decisive, as determined by the central administration. Where there is doubt as to whether the property to be handled under paragraph 6 is concerned, the opinion of the Directorate-General for Customs shall be decisive. If doubts arise as to whether the property is to be handled in accordance with paragraph 7, the position of the Ministry of Agriculture shall be decisive.
(9) Where the property transferred pursuant to paragraphs 2 to 7 is related to other assets which cannot, or are not, otherwise disposed of separately, such assets shall also be transferred in accordance with paragraphs 2 to 7. In case of doubt, paragraph 8 shall be applied mutatis mutandis.
(10) In order to determine whether this is a foreign exchange value, 14) the relevant organisational component will request the opinion of the Czech National Bank.
(1) The organisational component or state organisation established or intended to receive assets pursuant to the provisions of Paragraph 18 (2) to (9) shall be obliged to accept it; Paragraph 14 (3) shall apply mutatis mutandis. Cash transactions under the provisions of Paragraph 16 (1) cannot be agreed in these cases.
(2) Disputes between the organisational components in the regulation of mutual relations concerning assets which have no doubt as to the nature of the jurisdiction to manage certain assets removed under the provisions of Sections 9 (2), 11 (3) and 20 of the Act are dealt with by their authorities or, where appropriate, by the competent central administrative authorities. If they are not, or if they do not evaluate one another, the Ministry shall decide on a further procedure on a proposal or on its own initiative. Paragraph 20 of the Act shall apply mutatis mutandis to the form, formalities and nature of such decisions of the authorities, central administrative offices and ministries concerned.
INTRODUCTION WITH PROPERTY NOT INCLUDED IN THE INTEREST OF ORGANISATIONS, STATE ORGANISATION AND OTHER PERSONS
(K § 15 and 19c of the Act)
(1) Property in respect of which no other organisational body, state organisation or other person has shown any interest shall be retained by the relevant organisational body or state organisation (Sections 9 and 11 of the Act) and shall ensure that it is used in the manner and under the conditions laid down by the law and by this decree. At the same time, it shall seek, as far as possible and according to the nature and condition of the property in question, an appropriate way of dealing with the property; It shall act mutatis mutandis in respect of assets which have not yet been disposed of.
(2) The items referred to in paragraph 1, or parts thereof, which may be used as secondary raw material, shall be offered by the relevant organisational body or public organisation to the person concerned with the purchase of secondary raw materials.
(3) In the case of buildings referred to in paragraph 1 which are in poor technical condition and the cost of securing, repairing or reconstructing them permanently exceed the yield of their use or which are completely unused and cannot otherwise be disposed of more economically, the relevant organisational body or state organisation shall ensure that they are disposed of in accordance with specific legislation15). In the case of non-valuable tangible movable goods referred to in paragraph 1 which cannot be dealt with more economically in accordance with paragraph 2 or otherwise, the relevant organisational body or state organisation shall ensure that they are physically disposed of or otherwise disposed of in accordance with specific legislation16).
(4) In the case of assets for which the treatment for the benefit of organisational bodies, state organisations or other persons would be in breach of law and such consequences cannot be ruled out in the case of a movable matter without disproportionate cost or adjustment, the relevant organisational body or public organisation shall ensure its physical liquidation, mutatis mutandis, in accordance with the second sentence of paragraph 3.
PROCEDURE FOR DETERMINING AUDIT INTEREST
(K § 22 of the Act)
(1) Where the relevant organisational body or state organisation (Sections 9 and 11 of the Act) ascertains that interested parties are interested in the purchase of a tangible real estate by means of a tender procedure (Section 22 (1) of the Act), it shall publish its terms on its website and on the Office's website. At the same time, they shall publish these conditions according to the nature of the case sold and according to local conditions in at least one more way, for example:
(a) in cooperation with the local authorities in total;
(b) on a dedicated website designated for this purpose;
(c) advertising in the regional or national press; or
(d) at central address 17).
(2) In the case of a material movable item sold, the terms of the selection procedure shall be published on the website of the relevant organisational body or state organisation and on the website of the Office. Depending on the nature and condition of the case sold, the relevant organisational body or state organisation may ensure publication in another appropriate way.
(3) The procedure provided for in paragraph 2 shall not be used for weapons (23), ammunition, ammunition, explosives and security material24) of the armed forces of the Czech Republic (25), security corps (26), the Ministry of Defence and the Ministry of Interior, where the relevant organisational body publishes the terms of the selection procedure in an appropriate manner according to the nature and condition of the case being sold.
(4) The identification of buyers may be carried out on a repeated basis, as appropriate, by the relevant organisational body or public organisation, for lack of interest or because no candidate has been selected or the contract has not been concluded with the selected candidate.
(1) The relevant organisational body or public organisation shall define the basic criteria for the selection of the appropriate buyer in order to identify the buyers in accordance with the provisions of Section 21 and shall determine the order of importance thereof, indicating, where appropriate, that the criteria will be assessed as equivalent in their assessment.
(2) Where the intended sale is the subject of a case eligible for commercial use, the relevant organisational body or state organisation shall define the amount of the purchase price as first in order or a single criterion. As a general rule, under the terms of the tender, it also sets a minimum purchase price (Section 22 (2) of the Law). The minimum purchase price may be reduced accordingly in order to identify those interested in buying repeatedly for non-interest; when deciding on the use of this procedure, the relevant organisational body or state organisation shall assess in particular the nature and condition of the assets sold, the available information concerning the degree of divestiture of comparable assets and the course and duration of the prior identification of the buyers.
(3) Where interested parties are found to purchase a case for which the validity of the contract of sale is subject to the approval or authorisation of an exemption under the law or, where appropriate, by any other similar decision under a specific law, this condition shall be indicated at the same time as the description of the case and the criteria for selecting the appropriate buyer. Similarly, the extent to which persons are excluded from acquisition under the provisions of Section 18 of the Act, if the interested party ascertains the organisational component responsible under the provisions of Section 11 of the Act and if exclusion is considered.
(4) The deadline for applying for admission of candidates shall be determined by the relevant organisational body or state organisation for a period not exceeding 1 month, unless the nature of the item sold or the expected range of candidates justify a longer period. This applies mutatis mutandis to the definition of the deadline for the selection of the appropriate candidate.
(1) The relevant organisational body or state organisation shall terminate the examination of buyers of the purchase in accordance with the provisions of Section 21 if the conditions or circumstances in which it has decided to transfer the case to the ownership of another person or if there are other serious reasons for doing so. The relevant organisational body or public organisation shall inform the interested parties of the termination of the purchase survey without undue delay.
(2) The relevant organisational body or state organisation shall, after identifying the buyers, select the appropriate buyer and negotiate with the selected person the conclusion of the contract under the conditions laid down by law.
(3) The relevant organisational body or state organisation shall terminate the selection of an appropriate buyer or negotiation with a selected person if the conditions or circumstances in which it has decided to transfer the case to the ownership of another person or if there are other serious reasons for doing so are changed. The relevant organisational body or national organisation shall inform the interested candidate or the selected person of the completion of the selection of the appropriate buyer or of the conclusion of the negotiations with the selected person without undue delay.
Where assets are the subject of the intended sale abroad, the procedures laid down in Sections 21 (1) to (3) and 22 (4) shall apply mutatis mutandis.
PROVISIONS TRANSITIONAL AND FINAL
If the instrument of incorporation of an organisation which has been transformed in accordance with the provisions of § 51 (1) of the Act does not contain the requirements laid down in § 2 (1) (a), (b), (d), (e), (g) or (h), the founder (§ 53 (1) and (2) of the Act) shall supplement it accordingly within 6 months of the date of entry into force of this Decree, in accordance with the provisions of § 2 (3) and § 5 (1) and (3). Paragraph 5 (5) applies mutatis mutandis to such cases.
(1) The records of operational records based and kept in accordance with the existing regulations (21), including the existing files, shall continue to be used without interruption. The organisational component responsible for the management of the property in accordance with the provisions of § 11 (2) to (4) of the Act shall ensure that the said registers and the manner in which they are managed are adapted by 31 December 2001 at the latest. The current data and entries shall not be overwritten or cancelled.
(2) If the organisational body takes over the provisional management agenda under the provisions of Sections 63 and 64 of the Act, it will continue to carry out, in parallel until the cases taken over, only the existing substance register and the current name index taken over to the substance register and complete the unclosed files taken over and the lists and descriptions of the assets held within them. The minutes of new cases taken over from the territorial perimeter will already carry out the substance and the name index of the substance in its own existing register. If they do not have their current registration, they will be newly established under this decree. The new entries in the existing stock books and the current overview on the movement of the keys taken over are no longer carried out and for this purpose uses its own records. If they do not have their current registration, they will be newly established under this decree.
(3) Where the organisational body takes over the provisional management agenda under the provisions of Sections 63 and 64 of the Act and continues to ensure the agenda taken over in a separate workplace whose distance excludes the procedure referred to in paragraph 2, it shall keep the operational records of the agenda taken over separately; it shall proceed in accordance with paragraph 1 while maintaining all principles and rules of operational record.
(4) The management of the operational records of assets initiated under the current rules shall be terminated under the conditions laid down in Section 15 (3) of the Act and in the manner laid down in this Decree; the period of 2 years laid down by law shall run in such cases from the date on which the law takes effect.
(1) The relations of the organisational components under the provisions of Section 51 (1) of the Act and of the state organisations arising from the contracts before the date of entry into force of the Act shall not cease to exist and shall be governed by the law and this Decree. The content of the arrangements for such contracts shall not be changed, however, the cash performance or, where appropriate, the compensation agreed in the context of such relations shall be granted only if specific legislation so permits. 6)
(2) Paragraph 1 shall apply mutatis mutandis to relationships and negotiated transactions which do not comply with the provisions of Paragraph 14 (3) or (4).
The procedure laid down in Paragraph 14 (1) shall also apply to the determination of the organisational component or the State organisation of the management of the property for which the right of joint management was maintained before 1 January 2001 (Paragraph 58 (1) of the Act). Cash transactions under the provisions of Paragraph 16 (1) cannot be agreed in these cases.
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Regulation Information
| Citation | Decree of the Ministry of Finance No. 62 / 2001 Coll., on the Management of Organisational Components of State and State Organisations with State Property |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.02.2001 |
|---|---|
| Effective from | 08.02.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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