Act No. 83 / 1995 Coll.
Act amending and supplementing Act No. 96 / 1993 Coll., on Construction Savings and State Support of Construction Savings and Adding Act No. 586 / 1992 Coll., on Income Taxes, as amended by Act No. 35 / 1993 Coll., and supplementing Act No. 21 / 1992 Coll., on Banks, as amended
Valid
Law
Effective from 01.07.1995
Text versions:
01.07.1995
29.05.1995
83
THE LAW
of 18 April 1995
amending and supplementing Act No. 96 / 1993 Coll., on Construction Savings and State Support of Construction Savings and Adding Act No. 586 / 1992 Coll., on Income Tax, as amended by Act No. 35 / 1993 Coll., and supplementing Act No. 21 / 1992 Coll., on Banks, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 96 / 1993 Coll., on Construction Savings and State Support of Construction Savings and on Addition of the Czech National Council Act No. 586 / 1992 Coll., on Income Tax, as amended by the Czech National Council Act No. 35 / 1993 Coll., is amended as follows:
1. Paragraph 4, including the title and notes Nos 4a and 4b, reads as follows:
Building savings participant
A participant in a building saving (hereinafter referred to as "participant") may be a natural person with a permanent residence in the territory of the Czech Republic and a birth number assigned by the competent authority of the Czech republity4a) and a legal person with a seat in the territory of the Czech Republic and an organisation identification number allocated by the competent authority of the Czech Republic. (b)
4 (a) Article 23 of Act No. 21 / 1971 Coll., on a unified system of socio-economic information, as amended. § 11 (2) of the ČNR Act No. 40 / 1972 Coll., on the competence of the authorities of the Czech Socialist Republic in the field of socio-economic information, as amended.
4b) Sections 26 and 27 of the ČNR Act No. 278 / 1992 Coll., on State Statistics. '.
2. Article 5 (1) reads as follows:
"(1) The participant shall enter into a building savings contract in writing (5) on the construction savings (hereinafter referred to as" the contract ") in which he undertakes to deposit the cash in the contracted amount with the building savings bank."
3. In Paragraph 5 (4), the words "specific building savings banks' are replaced by the words" specified building savings banks'.
4. In Article 5, the following paragraphs 5 and 6 are inserted after paragraph 4:
"(5) The building savings bank may grant loans to participants which are used for the early reimbursement of housing costs in accordance with § 6 even if the participant is not yet entitled to the grant of the loan, up to the target amount only.
(6) The target amount is equal to the sum of the deposits received, the State aid, the interest on them and the loan granted. "
Article 5 (8) reads as follows:
"(8) Only one of them is eligible for State aid to a participant that has concluded several contracts."
(6) In Article 5, paragraphs 5, 6, 7 and 8 shall be renumbered paragraphs 7, 8, 9 and 10.
7. In Article 5, the following paragraphs 11, 12 and 13 are inserted after the new paragraph 10:
"(11) The amount saved by the participant under his contract may not be transferred to another participant at the time of the saving.
(12) When the contract is terminated at the time of the saving, the rights and obligations of the contract shall not be transferred from the contract to another participant, unless otherwise provided by this law.
(13) The share of contracts concluded by a building savings bank with legal entities in the number of contracts for which the loan has not yet been eligible may not exceed 15%. '
8. In Paragraph 5, paragraph 9 is renumbered paragraph 14:
"(14) The savings period shall begin on the date of conclusion of the contract and end with the granting of a loan or payment of the amount saved, the State aid and interest on it, or the loss of a legal person as a participant. ';
9. The following heading is inserted under the title of Section 9: "Other authorised activities of the building savings bank '.
10.
"(1) The building savings bank may in addition to the activities referred to in § 1
(a) to grant loans to entrepreneurs whose products and services are intended to satisfy residential needs (Section 6);
(b) to take over guarantees for loans which the building savings bank would be entitled to provide under this law;
(c) accept shares or participations in companies engaged in or produced for the construction of apartments and family houses;
d) participate in another building savings bank with the prior approval of the Czech National Bank;
(e) to obtain the necessary resources from credit institutions or by issuing bonds with a maturity of no more than five years for lending to participants and other loans;
(f) to trade into their account in mortgage bonds, sovereign bonds or bonds for which the State has taken over the guarantee. ';
11. Article 9 (2) reads as follows:
"(2) The share or participation in a company referred to in paragraph 1 (c) shall not exceed one third of the company's capital and the sum of the shares in the company shall not exceed 15% of the capital of the building savings bank. The claims on loans referred to in paragraph 1 (a) and on loans referred to in Article 5 (5) shall not exceed 20% of the sum of the target amounts under the contracts concluded, according to the situation established at the end of the quarter concerned. ';
12.
"(5) The building savings bank may use the free funds in the participants' holding accounts, including the State aid credited,
(a) to be deposited with another bank;
(b) to purchase mortgage bonds, government bonds or bonds for which the State has taken over the guarantee and to purchase Czech National Bank's vouchers;
(c) for loans and loans referred to in Articles 5 (5) and 9 (1) (a) and (b), provided that all contractual loans have been granted to participants which fulfil all the contractual conditions and are eligible for credit. ";
13. in Paragraph 9, paragraphs 4, 6 and 7 are deleted and paragraph 5 becomes paragraph 4.
14. Article 9 shall be added in paragraph 5:
"(5) A building savings bank may acquire real estate only in connection with the performance of its activities, only in respect of properties which secure its claims or for the acquisition of premises for its activities or housing for its employees. '
15. in Article 10 (1), the following shall be inserted after the word "participant": "if he is a natural person,"
16. In Article 10, the following paragraph 3 is inserted after paragraph 2:
"(3) In the case of the conclusion of two building savings contracts with State aid by one participant in the same calendar year in such a way that the subsequent contract is concluded after the expiry of the previous contract, the advance of State aid for the contract subsequently concluded shall be credited only up to the difference between the maximum amount of State aid and the amount of State aid credited to the previous contract for the calendar year. ';
Paragraph 3 shall become paragraph 4.
17. in Article 11 (1), the word "everyone" shall be deleted and the words "if a natural person" shall be inserted after the word "participant";
Article 18 (11) (2) reads as follows:
"(2) The claim for payment of the State aid advance shall be applied, in aggregate, for all participants in the building savings bank by written applications to the Ministry, at the end of each calendar year. The building savings bank shall credit the required State aid advances to the participants' accounts no later than one month after receipt of the advance from the Ministry. '
19. In Paragraph 11, the following paragraph 3 is inserted after paragraph 2:
"(3) The building savings bank shall, by 30 June of the calendar year, request an advance of State aid for those participants who have completed the building savings in the first half of the same year. '
20. In Article 11 (3) (a) and (b):
"(a) the list of participants for whom an advance payment of State aid is required during the period and the necessary information to verify the participants, namely the birth number, name, surname and postal code of residence, the contract number, the date of conclusion and termination of the contract, the date and the reason for the change of the contract,
(b) a list of participants who have entered into new contracts or cancelled contracts during the period in question and a list of participants who have not complied with the contractual terms of the building savings. "
21. Paragraph 11 (4) and (5) read as follows:
"(4) The Ministry shall indicate to the building savings bank the amount of the annual State aid advances within two months of receipt of the application.
(5) In the event of an incomplete application or incorrect data, the Ministry shall be entitled to require the addition or correction of the application. The period referred to in paragraph 5 shall not run until the application has been completed or corrected. ';
22. In Article 11, paragraphs 3, 4 and 5 shall be renumbered paragraphs 4, 5 and 6.
Article 23 (12) (2) reads as follows:
"(2) The State aid advances registered in the participant's account shall be paid by the building savings bank to the participant on condition that the participant has not, since the conclusion of the contract for a period of five years with a deposit, been used for residential purposes, except where the deposit from the building savings after the loan was granted. If this condition is not met, the participant loses the right to payment of State aid and the building savings bank is obliged to return the advance State aid registered in the participant's account in full within two months to the Ministry. '
24. In Paragraph 16 (1), the following sentence is added at the end: "The amount of State aid to be recovered into the State budget and the fine imposed is collected and enforced by the Ministry."
25. In Article 16, the following paragraph 5 is inserted after paragraph 4:
"(5) The proceeds of fines are the revenue of the State budget."
Paragraph 5 shall become paragraph 6.
Act No. 21 / 1992 Coll., on Banks, as amended by Act No. 264 / 1992 Coll., Act No. 292 / 1993 Coll. and Act No. 156 / 1994 Coll., is added as follows:
In Paragraph 41c, the following paragraph 2 is inserted after paragraph 1:
"(2) The annual contribution of the building savings bank to the Deposit Guarantee Fund shall be 0,1% of the average of the amount of deposits made by individuals in Czech crowns in the name, surname, address and date of birth of the building savings participant (hereinafter referred to as" insured deposits ") for the previous year, including interest on which the building savings participant was entitled in the previous year. The average amount of deposits of natural persons shall be calculated on the basis of the quarterly deposits of natural persons in the previous year without offsetting the advance on State aid. ';
Paragraph 2 shall become paragraph 3.
Paragraph 41c (2) of Article II of this Law applies for the first time to the annual contribution for 1995.
This Act shall take effect on 1 July 1995.
Uhde v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 83 / 1995 Coll., amending and supplementing Act No. 96 / 1993 Coll., on Construction Savings and State Support of Construction Savings and on Adding Act No. 586 / 1992 Coll., on Income Taxes, as amended by Act No. 35 / 1993 Coll., and supplementing Act No. 21 / 1992 Coll., on Banks, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.05.1995 |
|---|---|
| Effective from | 01.07.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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