Regulation No 75 / 1949 Coll.
Regulation implementing the Single Agricultural Cooperatives Act
Valid
Effective from 26.03.1949
75.
Regulation of the Minister for Agriculture
of 17 March 1949
implementing the Single Agricultural Cooperatives Act.
Under Articles 6, 3 and 11, Article 2 of the Act of 23 February 1949, No 69 Coll., on Single Agricultural Cooperatives, I hereby order:
Basic provisions.
(1) The single agricultural cooperative ("the single cooperative") is a people's cooperative (Section 157 of the Constitution) established under Act No. 69 / 1949 Coll. (hereinafter referred to as "the Law ') to carry out the activities referred to in Article 2 (1) of the Law. The division of competence of the single cooperative is the same as that of the municipality, unless the Ministry of Agriculture, after hearing the Central Council of Cooperatives, allows an exception (Section 4 of the Act).
(2) The cooperatives which are to be transformed, after being incorporated, into a single cooperative under Article 6 of the Act, are to be understood as cooperatives established under the Law of 9 April 1873, No 70, on profitable and economic communities, or under the Act of Article XXXVII / 1875, on a commercial law which carries on some of the activities referred to in Article 2 (1) of the Act and whose scope is covered by the statutes on the perimeter of one municipality. If local circumstances so require, the Ministry of Agriculture may, after hearing the Central Council of Cooperatives, grant an exemption.
Establishment of a Preparatory Committee.
(1) The Preparatory Committee for the establishment of the Single Cooperative shall consist of between 5 and 10 members who shall elect a President and a Vice-President at their first meeting. The President (Vice-President) shall notify, not later than 3 days after his election, the establishment of the Preparatory Committee to the Regional Authority of the Central Council of Cooperatives and, if he is not, the Central Council of Cooperatives, and ask him to approve the establishment of the Preparatory Committee. The notification shall contain the names of all members of the Preparatory Committee, their residence, employment and any membership of existing cooperatives; the accuracy of the notification must be confirmed by the local national committee.
(2) The Preparatory Committee shall start preparatory work for the establishment of a cooperative once it has received an assessment of the competent authority of the Central Board of Cooperatives approving the establishment of the Preparatory Committee. A copy of this notice shall be sent by the competent authority of the Central Board of Cooperatives to the local national committee.
Establishing a single team.
(1) The preparatory work to establish a single cooperative shall include in particular:
(a) recruitment of members; applicants are registered as members in writing, except for persons who become members of a single cooperative by law (§ 4),
(b) the findings of cooperatives to be transformed or merged into a single cooperative (§ 1 (2)) and their members.
(2) The notification of the termination of preparatory work (Section 5 (2) of the Act) relating to the application for approval of the establishment of a single cooperative must contain:
(a) a list of registered members, indicating their employment;
(b) the list of cooperatives to be transformed or merged into a single cooperative (Section 1 (2)), the details of their activities, the details of their assets, the description of the court order on their registration and the names of their members with a reference to employment.
(3) The competent authority of the Central Board of Cooperatives shall examine whether existing cooperatives, notified by the Preparatory Committee, fall within the scope of Paragraph 1 (2) and whether the single cooperative will have a sufficient number of members for its activities.
(4) The competent authority of the Central Board of Cooperatives shall indicate in the form of an order authorising the establishment of a single cooperative that is reforming the cooperative, for which cooperatives are forming a single cooperative.
A single cooperative shall be established on the date of approval pursuant to Paragraph 3 (4). On that date, the existing cooperatives listed in the approval notice shall be transformed or blended into a single cooperative and their members shall become members of the single cooperative without a membership application, unless, within 14 days of the date of publication of the single cooperative on the official board in the municipality (§ 5 (1)), they notify their comments in writing. All assets of existing cooperatives, their rights and obligations shall be transferred to the single cooperative without liquidation on the date of approval. The assets of such cooperatives at the date of their reformation or merger shall be established in accordance with their accounts and an inventory of the assets drawn up on that date by the authorities of the existing cooperatives together with the Preparatory Committee.
(1) The creation of a single cooperative, indicating the cooperatives which have transformed or merged into a single cooperative, shall be announced by the Preparatory Committee, through the local national committee, on an official record in the municipality, and in addition by other means in the municipality as soon as they have received the approval notice referred to in Article 3 (4).
(2) The Preparatory Committee shall notify the competent court (§ 7 (1)) within 8 days of receipt of the approval notice (§ 3 (4)). The notification shall be accompanied by a certified copy of the approval notice, a list of the members of the Preparatory Committee with their certified signatures and other documents required for registration (Section 7 (2)). The accuracy of the copy of the approval notice and the authenticity of the signatures of the members of the Preparatory Committee may also be verified by the local national committee; In this case, there is no need for a judicial (notarial) verification.
(3) When notifying the Single Cooperative for registration, the Preparatory Committee shall at the same time notify the deletion of the Cooperative who has become or has become a Single Cooperative.
The internal arrangement of a unified cooperative.
(1) The standard statutes (Section 9 of the Act), issued by the Central Council of Cooperatives with the approval of the Minister for Agriculture and declared by the Ministry of Agriculture in the Official Journal, are binding on unified cooperatives. This publication replaces the submission of statutes to courts, offices and other bodies. However, any amendments to the Statutes of the Single Co-operative referred to in paragraph 2 shall be notified to the Registry with the addition of such amended Statutes.
(2) In order to amend the statutes of a single cooperative, the written consent of the Central Council of Cooperatives, issued with the approval of the Ministry of Agriculture, is required. The amendment of the statutes becomes legally effective by giving consent.
(1) Where registration is required, the register shall be understood as a social (corporate) register.
(2) The register should be entered in:
(a) establishment, name and registered office of the single cooperative;
(b) subject matter of business with reference to the statutes (Section 9 of the Act);
(c) members of the Preparatory Committee or Board of Directors;
(d) the way in which the cooperative is represented and signed;
(e) the amount of membership shares and the liability of members;
(f) the demise of the cooperative and the names of the liquidators;
(g) changes to the data referred to in points (a) to (f).
The unified cooperative shall keep a list of members. The list shall include the names, employment and residence of the members and the date of acquisition of membership, the date on which the resignation was given and the expiry of membership.
Settlement of certain obligations of transformed and smoother cooperatives.
(1) Persons who have become members of a single cooperative without a membership application (Section 7 (2) of the Act), as members of a transformed or fluent cooperative, shall be accounted for in accordance with the state of the existing cooperatives' accounts for the last administrative year before the conversion or merger, up to the amount of the shares which those persons are required to enter in the statutes of the single cooperative; the remainder is considered an investment loan. If the shares in the single cooperative are higher, they must be paid up to the time required by the statutes for the repayment of the shares of the new members.
(2) Members of the transformed or fluent cooperative who, within 14 days of the date of the announcement of the formation of the single cooperative (§ 4, second sentence), have notified their withdrawal from the single cooperative shall be entitled to a refund of the paid-up shares of the amount resulting from the accounts for the last administrative year before the conversion or merger. However, this amount may not be paid to them until the end of the period specified in the statutes of the reforming or fluent cooperative for the payment of the members' shares of the representatives.
(1) The persons referred to in Article 9 who have provided contributions to the reforming or smooth cooperative for the purchase of cooperative machinery and equipment with no claim for repayment (investment contributions) may, within 30 days of the announcement of the formation of a single cooperative (§ 4, second sentence), claim the conversion of the paid-up investment contribution, reduced by the amount corresponding to the use of the purchased machinery and equipment, into an investment loan.
(2) Investment loans referred to in paragraph 1 shall be remunerated and repaid in accordance with the rules laid down by the members of the single cooperative meeting; the amount of interest shall not exceed the rate applicable to the interest on deposits in respect of cash institutions. The persons referred to in Article 9 who have not become members of a single cooperative (§ 4, second sentence) or who have withdrawn from it within one year from the date of the formation of the single cooperative shall be paid in accordance with the repayment plan, as agreed by the members of the single cooperative meeting; the loan does not interest in this case.
(3) If the parties fail to assess the amount corresponding to the wear referred to in paragraph 1, the competent authority of the Central Board of Cooperatives shall decide.
(4) The provisions of paragraphs 1 and 2 do not apply to contributions granted to existing cooperatives to cover the costs associated with the electrification of municipalities.
Final provisions.
The provisions of the Government Decree of 14 December 1948, No 314 Coll., concerning temporary restrictions on business and other gainful activities, and the Decree of 21 December 1940, No 359 Coll. on temporary restrictions on business and other gainful activities, as amended by the Decree of 3 March 1942, No 34 Coll. z.
Existing cooperatives to be transformed or merged into a single cooperative (Section 1, paragraph 2) may only carry out their activities after the date of the entry into force of the Act within the normal management limits (Section 8 of the Act) and carry out only those investments on which their administrative authorities have decided according to the statutes prior to the application of the Act.
This Regulation shall enter into force on the day of its publication.
Zaporocký v. r.
Děuriš v. r.
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Regulation Information
| Citation | Regulation No 75 / 1949 Coll., implementing the Law on Single Agricultural Cooperatives |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.03.1949 |
|---|---|
| Effective from | 26.03.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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