Act No. 77 / 1997 Coll.
State Enterprise Act
Valid
Law
Effective from 01.07.1997
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77
THE LAW
of 20 March 1997
on a state enterprise
Parliament has decided on this law of the Czech Republic:
GENERAL PROVISIONS
Subject matter and basic provisions
Subject matter
The Act regulates the status and legal situation of a state-owned undertaking ("the undertaking ').
Basic provisions
(1) The undertaking is a state organisation and a legal person through which the State exercises its ownership rights. The undertaking shall carry out on its own behalf and under its own responsibility business activities in order to fulfil the important strategic, economic, social, security or other interests of the State.
(2) The undertaking has the right to manage the State's assets and does not have its own assets.
(3) The name of the joint venture shall be the sum of the monetary expression of the value of the real estate and movable property provided for in the instrument of incorporation for which the firm has the right to manage its establishment. Stem assets and minimum amounts shall be entered in the Commercial Register.
(4) The founder may increase the company's ordinary capital by the assets acquired by the company during the course of its business. Furthermore, the Founder may, following the prior approval of the Government, increase the enterprise's equity if urgent strategic, economic, social, security or other interests of the State so require. It is possible to increase the ordinary equity of the company in accordance with the second sentence from the assets of the State with which it is competent to manage those who perform the function of founder under Paragraph 3 (1) of this Act.
(5) In the course of the activity of the company, the founder may reduce the joint capital of the company in order to cover the losses of the company, where there is a need for a reduction in the joint capital of the company under a special law or a decision by the competent public authority. The reduction of the company's ordinary capital shall be without prejudice to the minimum amount of the company's ordinary capital laid down in the instrument of incorporation for the establishment of the company.
(6) The founder shall publish the decision on the reduction of the enterprise's ordinary capital within 15 days of the date of its adoption twice in succession with a time interval of 30 days. At the same time, the founder shall invite in writing the known creditors of the undertaking whose claims against the undertaking arose before the moment of the decision to reduce the share capital to make their claims against the undertaking within 90 days of the publication of the last notification, unless it is a reduction in the share capital in order to pay the loss.
(7) The undertaking shall provide or satisfy the creditor who has agreed otherwise with the creditor who has entered into a claim against the undertaking in a timely manner, the appropriate security of that claim. This is not the case if it does not deteriorate by reducing the share capital of the company's receivables.
(8) The property of the undertaking is the property of the State with which the undertaking has the right to manage. The assets of the undertaking and the debts of the undertaking are the assets of the undertaking.
(9) The designated property is the property of a State which is defined as the designated property of an undertaking in the instrument of incorporation. The designated assets of the holding shall be entered in the Commercial Register.
Business Founder
(1) The founder of the company is the State. On its behalf, the Ministry or another Central Administrative Office (hereinafter referred to as "the Ministry '), which falls within the scope of the business of the undertaking, shall act as the founder, unless otherwise provided by the law. If several ministries fall within the scope of the undertaking's business, they may perform the function of founder by agreement in which they also agree to the joint performance of the function of founder; the agreement may be concluded only with the prior approval of the Government. The Government may cancel the agreement under the second sentence and designate a Ministry which will continue to perform the function of founder.
(2) The company is not liable for the debts of the State and the State is not liable for the debts of the company, unless otherwise provided by law.
(3) The function of the founder of an undertaking providing, to a certain extent, the defence tasks of the State, if not the Ministry of Defence, may be performed by another Ministry only after the prior approval of the Ministry of Defence.
(4) An undertaking may only be set up on the basis of the Government's prior approval.
ESTABLISHMENT, EQUIPMENT, REPEAL, RECEIVATION AND ENVIRONMENT
Establishment
(1) The company is established by a charter issued on behalf of the State by the competent Ministry (§ 3).
(2) The authenticity of the signature of the person acting as founder shall be officially verified on the instrument of incorporation.
(3) The instrument of incorporation must contain:
(a) the designation of the Ministry which performs the function of founder;
(b) the name and registered office of the undertaking; the title includes the designation "State Enterprise 'which may be replaced by the abbreviation" s.p.';
(c) the subject matter of the business and the purpose for which the undertaking is set up;
(d) the amount of common capital and its minimum amount which the undertaking is obliged to maintain, the assets designated and its item specification;
(e) the identification and valuation of the assets of the undertaking; the valuation of the assets is based on the amount of the valuation in the accounts of the entity that last accounted for the assets (2);
(f) the name of the first Director;
(g) the number of members of the Supervisory Board and the names of the first members of the Supervisory Board;
(h) the amount of the reserve fund at the time of the establishment of the undertaking, which shall be at least 10% of the share capital, unless otherwise provided by the founder, and the minimum amount to be added during the business;
(i) the designation of the person authorised to act on behalf of the Ministry acting as founder.
(4) The identification and valuation of the assets of the undertaking referred to in the preceding paragraph shall be carried out on the date of establishment of the undertaking.
(5) In determining the amount of the Common Equity and the valuation referred to in paragraph 3 (d) and (e), no account shall be taken of surface and groundwater, forest land and forest areas, mineral deposits and minerals and caves.
Establishment of the enterprise
(1) The undertaking shall be established on the date on which it was entered in the commercial register. (3) The application for registration shall be lodged by the founder.
(2) The proposal shall be accompanied by:
(a) the instrument of incorporation;
(b) proof of valuation of the assets with which the undertaking has the right to operate at the time of its establishment under special legislation, 2)
(c) a Government resolution giving consent to the establishment of an undertaking.
Repeal of the undertaking
(1) The undertaking shall be abolished by decision of the founder on the cancellation of the undertaking with or without the legal successor.
(2) The founder shall decide on the cancellation of the undertaking referred to in paragraph 1 only after the prior approval of the Government.
(3) The founder shall cancel the undertaking if:
(a) the undertaking loses its business licence for the purpose of which it was set up; or
(b) the conditions required for the activities of the undertaking by law shall cease to exist;
(4) In particular, the founder may cancel the undertaking if:
(a) the establishment or conversion of an undertaking infringes the law;
(b) the undertaking infringes the provisions of the instrument of incorporation relating to the subject matter of the business, to the minimum amount of the joint venture or to the property of the undertaking in breach of law; or
(c) for other reasons, on a proposal from a person who certifies the legal interest.
(5) The winding-up of an undertaking on the grounds referred to in paragraphs 3 and 4 may also be decided by the court, on a proposal from a person who certifies a legal interest. Before a decision on the cancellation of an undertaking, the court may set a time limit for the removal of the grounds for the revocation.
Conversion
(1) The merger or division of the undertaking takes place on the basis of the decision of the founder.
(2) In cases of division of an undertaking, the founder of an undertaking which becomes employees of the company being acquired shall decide which of the following undertakings shall be employed.
(3) In cases not provided for by this law, the merger and division of an undertaking shall be treated mutatis mutandis in accordance with the provisions of the Civil Code governing the conversion of a legal person.
(1) The designated assets of the participating undertakings must be defined and registered as the designated assets of the acquiring undertakings. Any distribution of the designated assets between the acquiring undertakings shall be decided by the founder.
(2) The decision of the founder on the merger of undertakings is without prejudice to the obligation for undertakings to apply for a concentration permit under the law governing the protection of competition (24). A decision authorising a concentration or rejecting an application for such a decision shall be binding on undertakings and their founders.
(3) The founder shall inform the relevant trade union authority of the merger or division of the undertaking no later than three months before the merger or division of the undertaking. In the absence of a trade union organisation in the undertaking, employees shall be informed of these organisational changes in an appropriate and verifiable manner.
(4) In connection with the division of the undertaking, the founder shall issue instruments of incorporation for the newly created undertakings and adjust the instruments of incorporation of the undertakings affected by the division.
(1) The name of the deceased undertaking is transferred to the successor undertakings to the extent specified in the decision of the founder of the division.
(2) If it is not clear from the decision of the founder on the division of the holding which undertaking has the right to manage a part of the assets of the participating undertaking, it shall have the right to manage that part jointly and severally each successor undertaking; This does not apply if it is a real estate item registered in the real estate register.
Disposal
(1) When a firm is wound up, the liquidator shall cash the property of the undertaking by public auction. In other ways, the liquidator may only dispose of the company's property after the former consent of the founder.
(2) A liquidator may enter into a contract to transfer real estate to the right to manage another undertaking or to manage the organisational units of a State or other State organisation only after the prior consent of the founder. The liquidator may, after prior agreement of the founder, enter into a contract for the free transfer of real estate into the law of another undertaking or the jurisdiction of an organisation of a State or other state organisation only where such transfer of real estate contributes to the prompt completion of the winding-up of the transferring undertaking and does not jeopardise the performance of its debts if the free transfer is more economical than any other way of dealing with real estate or if specific legislation so provides.
(3) The liquidator may, free of charge, transfer the immovable property to the ownership of a territorial unit or association of territorial authorities (25) only where such transfer of the immovable property is in the public interest or contributes to the prompt completion of the winding-up of the transferring undertaking without jeopardising the performance of its debts.
(4) The liquidator must not burden the immovable property with a lien or pre-purchase right and may not conclude a contract for a future purchase contract with respect to the immovable property; an exemption from this prohibition may be authorised by the founder where justified.
(5) The liquidator will offer the remaining assets of an undertaking which has not been otherwise disposed of for a free transfer by the State Representation Office in property matters. The liquidator can only make such an offer if the contributions to the State budget, tax, fees and other similar cash transactions and debts of the company in liquidation are settled. If the Office of State Representation accepts the property offer of the liquidator, the liquidator shall, after prior approval of the founder, conclude a contract for the free transfer of the remaining assets to its jurisdiction.
(6) The Founder is obliged to monitor the purpose of the liquidation in his action to influence the activity of the liquidator.
Termination of an undertaking
The company shall cease to exist on the date of deletion from the Commercial Register.
UNDERTAKING AUTHORITIES
The authorities of the company are the Director and the Supervisory Board.
Director
(1) The Director is the statutory body of an undertaking which manages the activities of the undertaking and decides on all its matters, provided that they are not legally reserved under the responsibility of the founder.
(2) The Director shall be appointed and withdrawn 8) by the Minister or Head of another Central Administrative Office, or by the Government in those cases where he reserves this right, or where he exercises the function of founder over several ministries.
(3) The Director shall appoint and remove 8) the Deputy Director of the Enterprise, who, in the absence of the Director, shall represent the Director in full. If it nominates several representatives, it shall at the same time determine their order. The representatives of the Director shall be entered in the Commercial Register. 26)
(4) The Director shall lay down the rules of organisation of the undertaking governing the internal organisation of the undertaking and the organisation of internal management. The Director may, after prior agreement of the founder, determine which internal organisational units shall be entered in the business register as split plants.
(5) The Director shall inform the Supervisory Board in writing, without undue delay, of the facts requested, concerning the undertaking and the supervisory board under this Act.
(1) The Director is obliged to take care of the proper economy and to ensure that the important strategic, economic, social, security and other interests of the State are pursued effectively, economically and efficiently. If it infringes the obligation of care of a proper operator and as a result benefits, it shall be obliged to grant the benefit thus obtained to the undertaking. If the issue of benefits is not possible, the director of the business will replace it in cash. In assessing whether the Director has acted with the care of a proper economy, care should always be taken to be taken by another reasonably careful person in a similar situation if he is in a similar position or function. The person who could reasonably assume, in good faith, that he was acting in the firm's informed and defensible interest, shall act with care and knowledge; This does not apply if such a decision has not been made with the necessary loyalty.
(2) Where damage is caused in the context of the conduct of the Director of an undertaking, the Director shall replace the damage caused to the undertaking within the scope of the Labour Code (27).
(3) Where, in proceedings before a court, it is examined whether the director of an undertaking has acted with the care of a proper operator, the burden of proof shall be borne by the Director, unless the court decides that this cannot be reasonably required of him.
(4) The provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the Deputy Director.
Supervisory Board
(1) Supervisory Board
(a) approve, to the extent specified by the founder, the fundamental issues of the concept of company development (in particular the strategy for the development of production and services, investment and scientific and technical programmes, the use of the knowledge-how of the enterprise, joint venture programmes with domestic and foreign entities, etc.) and the management of the company's assets (excluding the designated assets);
(b) discuss the annual report, the annual financial plan, the half-yearly results of the business and examine the undertaking's annual accounts and the proposal for the distribution of the applicable profit (loss settlement); submit its opinion to the Director and the Founder,
(c) discuss the rules for the establishment of other funds of an undertaking and supervise the management of the funds of an undertaking; submit its opinion to the Director and the Founder,
(d) supervise the performance of the Director's duties and the pursuit of the business of the undertaking, in particular whether the business of the undertaking is carried out in accordance with the legislation and the instrument of incorporation;
(e) comment on the founder's proposal to abolish or convert an undertaking;
(f) be entitled to inspect all documents and records relating to the business and to check that the accounting records are kept properly in accordance with the facts;
(g) be obliged to inform the Director and the Founder of the deficiencies identified; may propose corrective measures to the Director,
(h) be obliged, at the request of the founder, to provide him with information or to carry out an investigation within the time limit set by him;
(i) approve the auditor;
(j) may recommend to the founder to withdraw the director of the undertaking,
(k) express its views on the draft Statute and its amendments;
(l) carry out other activities as determined by the founder in the status of the undertaking.
(2) The Supervisory Board must have at least three members. One third of the members of the Supervisory Board shall be made up of the employees of the undertaking who elect and withdraw the employees of the undertaking on the basis of the results of the elections. Two thirds of the members of the Supervisory Board shall be appointed and dismissed by the founder. The Supervisory Board shall elect a chairman from among its members who shall convene meetings of the Supervisory Board and manage its activities. Each member of the Supervisory Board shall have one vote in the election of the Chair and shall require an absolute majority of all members of the Supervisory Board to be elected.
(3) The members of the Supervisory Board are appointed and elected from among experts and representatives of the employees of the undertaking. The duties of a member of the Supervisory Board shall be irreplaceable.
(4) Neither the Director nor his representatives may be members of the Supervisory Board, but may be invited to the Supervisory Board meetings.
(5) The arrangements and conditions for the election and removal of staff representatives are laid down in the Rules of Procedure. Where a trade union organisation operates in an undertaking, the electoral order shall be issued with the agreement of the relevant trade union body and the choice shall be made by the employer in cooperation with the relevant trade union body. If there are several trade unions working with the employer, their relations are governed by a special law. 10) In the absence of a trade union organisation with an employer, the employer shall determine the manner and conditions of choice and removal of employees' representatives.
(6) The Supervisory Board shall decide on the basis of the consent of a majority of its members. Minutes shall be taken of the meetings of the Supervisory Board, signed by its Chairman. The minutes shall include the views of a minority of members if they so request.
(7) The members of the Supervisory Board shall be obliged to exercise their responsibilities with the care of the proper economy and to maintain confidentiality regarding confidential information and facts the disclosure of which could cause damage to the undertaking by third parties. The obligation of confidentiality shall continue after membership of the Supervisory Board has ceased.
(1) If the law or the Statute implies that the Director's conduct requires the approval of the Supervisory Board and the Supervisory Board does not give such approval to the Director, the members of the Supervisory Board who have not acted with the care of the proper economy shall compensate the damage caused by the undertaking.
(2) Where a member of the Supervisory Board is an employee of an undertaking or an employee of the founder of an undertaking, it shall make good the damage caused to the undertaking within the scope of Article 12a (2). For the purposes of determining the amount of compensation for damage to members of the supervisory board who are employees of the undertaking, the amount of their earnings received on the undertaking shall be based on the amount of their earnings received on the undertaking, the members of the supervisory board who are employees of the founder shall be based on the amount of their earnings received on the founder. Similarly, the amount of compensation to be reimbursed by the other members of the Supervisory Board shall be determined on the basis of the amount of remuneration they have received in connection with the performance of the duties in question.
(3) If the Supervisory Board gives its consent to the conduct referred to in paragraph 1, but as a result of such conduct, the undertaking shall suffer harm, the Director and the members of the Supervisory Board who have not acted with due diligence, together and severally, to the extent provided for in paragraph 2.
(4) Paragraph 12a (1) and (3) shall apply mutatis mutandis when assessing whether the members of the Supervisory Board act with the care of a proper economy.
(1) The Director of the undertaking, its representatives and members of the Supervisory Board may not:
(a) to engage or engage in other gainful activities in the object of the business of the undertaking, whether for the benefit of other persons or to mediate business for another;
(b) be a member of the statutory or supervisory body of a legal person having the same or similar business;
(c) participate in or engage in other gainful activities for the benefit of a commercial corporation with the same or similar object of business, with the exception of the ownership of shares acquired in coupon privatisation.
(2) With the agreement of the founder, the director of the undertaking, his representatives and members of the Supervisory Board may be a member of a statutory or supervisory body.
(a) legal persons having the same or similar object of business, in the case of a legal person in which the undertaking has a holding;
(b) legal persons other than a trading company having the same or similar business; or
(c) undertakings having the same or similar business subject to an undertaking established under this law.
(3) If the founder finds out or learns of a breach of the prohibition of competition referred to in paragraph 1 or 2, he shall withdraw the Director or a member of the Supervisory Board from office; If the founder finds that the prohibition of competition referred to in paragraph 1 or 2 has infringed the Deputy Director, he shall order the Director to remove the Deputy Director from office. If those persons benefit as a result of failure to comply with the prohibition on competition, they shall give the undertaking the benefit thus obtained; If the issue of the acquired benefit is not possible, it shall be replaced in cash. This is without prejudice to the right to compensation.
RIGHTS AND OBLIGATIONS OF THE ADACTOR
(1) Founder
(a) establish and abolish an undertaking and issue decisions on the conversion of an undertaking;
(b) appoint and dismiss the Director, except in the case of the appointment of the Director by the Government, the members of the Supervisory Board and the liquidator;
(c) approve the Rules of Procedure of the Supervisory Board, determine the number of its members, the duration of the term of office and the minimum number of meetings per year;
(d) define in the Annex the instruments of incorporation for the property, including its item specification;
(e) may amend the instrument of incorporation, except for the withdrawal of assets with which the undertaking has the right to operate at the time of its establishment or at the time of the entry into the register of an amendment to the instrument of incorporation, unless otherwise provided for in this law,
(f) within 3 months of the date of registration of the undertaking in the Commercial Register, issue the status of the undertaking in which it shall determine in which other cases the Director's deliberations require the prior approval of the Supervisory Board; the Statute also contains rules governing the economic activity of the undertaking, rules on the control activities of the founder and the principle of the management of the company's assets,
(g) has the right and obligation to request information on the economic activity and the state of the property of the undertaking and to check and verify that information in the manner laid down in a specific regulation, 11)
(h) check that the needs of the State which the undertaking provides for its business activities are provided efficiently and economically;
(i) approve the accounts and the annual report, decide on the distribution of the applicable profit (settlement of losses); Where a decision is taken to create a founder's fund pursuant to Article 19 (1) (c) and Article 19 (4), the founder shall decide on each year which part of the applicable profits of the firm, the retained earnings of the previous years and the funds of the firm, with the exception of the funds created under Article 19 (1) (a) and (b), shall be allocated to that fund in the calendar year concerned,
(j) take over the liquidation balance in the event of the liquidation of the undertaking; the balance shall be transferred without undue delay to state financial assets;
(k) decide on the use of funds from the Founder's Fund after prior approval of the Government;
(l) oversees the proper exercise of the right to manage the property of the State, in particular the economic, efficient and efficient use of that property in the pursuit of business activities, and checks how the undertaking handles that property;
(m) assist businesses in research, development and innovation programmes supported by the state budget or other public funding sources.
(2) In carrying out the activities referred to in paragraph 1 which affect or may affect the management of an undertaking, the Founder shall act with due care of the economy.
OWN STABILITY AND FUNDS OF THE UNDERTAKING
(1) The company's assets may be withdrawn only in the cases and under the conditions laid down by law.
(2) In managing the property of the undertaking, the undertaking exercises the rights of the owner, acts in its own name in legal relations with the property of the undertaking and participates in proceedings before the courts and other authorities in matters relating to the property of the undertaking, including the procedure for determining whether or not the State's right to property is there.
(3) The legal acts relating to the assets of an undertaking, without prior approval of the founder prescribed by this Law or Statute, shall be void; such invalidity may be called within six months of the date on which the person entitled became aware or was able to know, but not more than ten years from the date on which such action took place.
(4) Where an undertaking acquires assets from a person other than the State, it shall acquire the right to manage such assets for the State and the undertaking shall acquire the right to maintain them.
(5) The undertaking is liable for the debts by the undertaking's assets.
(6) The company can provide donations from the company's assets only for purposes and to the extent that the value of the gift can be deducted from the corporate tax base under the special law. 12)
(7) An undertaking may establish a lien for property only with the prior approval of the founder.
(8) The land with which the undertaking has the right to manage, the infrastructure of Class II or Class III or the local communications owned by the local self-governing unit (25) shall be transferred free of charge by the undertaking, at the request of the local self-management unit, to the extent strictly necessary after the former consent of the founder to the ownership of the local self-management unit. Another real estate item with which the enterprise has the right to manage may be transferred free of charge by a donation agreement to the property of the local self-governing unit or association of local self-governing units (25) on the basis of a proposal from the founder after the prior approval of the Government. This property, which the government has decided to transfer, shall be deemed to be permanently unnecessary for the State.
Acquisition of property and treatment of the property of an undertaking
(1) The Founder may decide, in the course of the business of the enterprise, to increase or decrease the extent of the property provided for, if urgent strategic, economic, social, security or other interests of the State so require.
(2) An undertaking may only use the designated property with prior approval of the founder.
(3) The designated assets shall be monitored separately in separate analytical accounts in the company's accounts.
(4) The undertaking is obliged to dispose of the company's property in accordance with the public aid rules.
(1) An undertaking may acquire only the items which it needs to carry out business in its business, from legal or natural persons, from other undertakings, from the organisational units of a State or from other state organisations.
(2) The Founder shall specify in the status of the undertaking in which cases the contract to which the undertaking acquires the immovable property requires its prior approval. In the case of the acquisition of real estate, the price may be negotiated under the law governing the price (28) only up to an amount equal to the valuation of that real estate, under the law governing the valuation of assets (29). The founder in the company's status shall determine the price limits and other conditions for the acquisition of movable property, taking into account their importance and value. An undertaking may negotiate a higher price of real estate or movable property only after prior approval of the founder. The company is obliged to provide evidence to the founder before approval of the reasons for negotiating the higher price together with proof of compliance with the public support rules.
(3) An undertaking may acquire ownership in other legal entities only after prior approval of the founder.
(1) The undertaking is obliged to use the company's assets effectively, economically and effectively for its business. The property undertaking shall manage and dispose of the property in such a way that it does not damage and unjustifiably diminish its size and value or yield.
(2) The company takes care of the preservation and maintenance of the property and, if its nature so permits, the improvement or reproduction thereof. It protects it from damage, destruction, loss, theft or abuse.
(3) The undertaking consistently uses all legal means to exercise and defend its rights and rights of the State as owner and to protect the property of the undertaking from unauthorised interference and, in particular, to exercise in due time the right to compensation, the right to issue unjustified enrichment and other rights to ensure, preserve and protect the property.
(4) The undertaking shall monitor on an ongoing basis whether the debtors fulfil their debts in a timely and proper manner and, in particular, by exercising and enforcing their rights in a timely manner, ensure that there is no limitation or termination of those rights. The undertaking shall require interest on late payments and contractual penalties. The undertaking is not obliged to do so if such a procedure would be contrary to the care of a proper operator.
(5) The accounts of the undertaking must be audited by the auditor. The director of the undertaking shall inform the founder and the supervisory board in writing within 1 month of the receipt of the audit report on the verification of the accounts of the measures taken to address the deficiencies in that auditor's report.
(1) Where an undertaking has a immovable property in its possession, it shall publish that fact on the "Public Administration Portal" Internet for the purpose of informing the authorities of the State and other state organisations of the possibility of taking over such real estate into their jurisdiction. If an organisation of a State or other state organisation shows an interest in taking over the real estate, the firm shall carry out the transfer of the real estate to the jurisdiction to manage that branch of a State or other state organisation at the usual cost. The company shall, free of charge, transfer the immovable property to the jurisdiction of the management of the State or other state-owned organisation following the prior approval of the Government on a proposal from the founder or another Ministry.
(2) If, within 1 month of the publication of the information referred to in paragraph 1, no organisational body of the State or other state organisation has expressed an interest in taking over the real estate, the undertaking shall deal with it in accordance with other provisions of this law.
(1) In the event of a transfer of the real estate by direct sale to a pre-determined acquirer, the firm shall negotiate a price at least equal to the normal price. The lower price can only be negotiated by the company after prior approval of the founder. The undertaking must demonstrate to the founder before approving the reasons for the lower price, together with proof of compliance with the public support rules.
(2) In the case of a designated immovable property with which an undertaking has the right to manage and which serves to ensure the important security or defence interests of the State, the founder shall be obliged, before giving his consent under the provisions of Paragraph 17 (2) in the case of the intended transfer, to establish demonstrably whether, in order to ensure the important security or defence interests of the State within the scope of his or her activity, the interests of another organisational body of the State, state organisation or state undertakings are involved.
(3) The founder of the company's status provides for its prior approval in cases where the property is not part of the designated property.
(1) An undertaking may transfer the right to manage an item from the property of an undertaking to another undertaking if the recipient undertaking needs such a thing to carry on business. An undertaking may transfer an item from the assets of an undertaking to the jurisdiction of the management of the organisational units of a State or of another State organisation if the organisational unit of a State or other State organisation needs such an item to carry out its tasks.
(2) Where a immovable property is the subject of a transfer pursuant to paragraph 1 which is transferred to the right to manage another undertaking or to manage the organisational units of a State or other State organisation free of charge, the prior approval of the founder of the transferring undertaking shall be required for such transfer.
(3) The Government may, in the public interest, decide, on a proposal from the founder or another Ministry, that the founder shall remove the immovable property referred to in Article 16 (1) from the assets of the company and transfer it to the jurisdiction to manage, free of charge, the State's or other State's departments which are essential for the performance of its tasks.
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Regulation Information
| Citation | Act No. 77 / 1997 Coll., on State Enterprise |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.04.1997 |
|---|---|
| Effective from | 01.07.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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