Act No. 92 / 1992 Coll.
Act amending and supplementing Act No. 92 / 1991 Coll., on Conditions for Transfer of State Assets to Other Persons
Valid
Effective from 28.02.1992
92
THE LAW
of 18 February 1992
amending and supplementing Act No. 92 / 1991 Coll., on the Conditions for Transfer of State Assets to Other Persons
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Act No. 92 / 1991 Coll., on the Conditions for Transfer of State Assets to Other Persons, is amended as follows:
1. in Article 6 (1) (h):
"(h) when selling its method, pricing, payment and other conditions,"
2. The following Section 6a is inserted after Section 6:
(1) The privatisation project submitted after 29 February 1992 must include an evaluation of the firm's environmental commitments.
(2) The evaluation referred to in paragraph 1 shall include:
(a) an assessment in which the undertaking respects or is unable to comply, where appropriate, with a quantification of the costs necessary to comply with those provisions;
(b) an overview of the payments for environmental pollution and the use of natural resources (4a) and an overview of the penalties for environmental damage imposed on an undertaking under the Environmental Act and other specific regulations;
(c) quantification of environmental damage caused by the undertaking's activities to date. 4b) '.
References (a) and (b) shall read as follows:
"4a) § 31 of Act No. 17 / 1992 Coll., on the Environment.
4b) E.g. § 8 (2) of Act No. 17 / 1992 Coll. '.
3. the following paragraph 5 is added to Article 7:
"(5) Where a proposal for a privatisation project is drawn up by a person other than an undertaking, the undertaking shall immediately communicate to that person, at his request, the information referred to in Article 6 (1) (a) to (d), (j) and, depending on the nature of the case, the information referred to in (i) and the information referred to in (2) (d) relating to the privatized assets. The statutory authority shall be responsible for fulfilling this obligation. The data obtained can only be used to develop a privatisation project. The person who received this information shall take all necessary measures to prevent it from being obtained by another person. '
4. In Paragraph 12, paragraph 2 at the end of the dot is replaced by a comma and the following point (e) is added:
"(e) to transfer privatized assets to legal persons established by special laws, (5a) to property serving agricultural production."
Reference (a):
"(5a) Act SNR No. 330 / 1991 Coll., on land treatment, land ownership arrangements, land offices, land fund and land communities. Act ČNR No. 569 / 1991 Coll., on the Land Fund of the Czech Republic. '
5. In Paragraph 14 (2), the following sentence is added at the end:
"This is without prejudice to the provisions of Paragraph 19 (3). '
6. Article 15 (1) reads as follows:
"(1) Other rights and obligations relating to privatized assets shall be transferred to its acquirer as well. '
7. The following Section 15a is inserted after Section 15:
(1) For a period of one year from the conclusion of a contract for the sale of the assets of a privatized undertaking or, in the case of the transfer of assets of a privatised undertaking to a trading company, from the date of the creation of that trading company, the acquirer may do so to the extent that the undertaking was entitled to do so. In the case of the sale or deposit of an organisational component of a privatised undertaking, the acquirer shall, mutatis mutandis, be entitled to undertake business within the scope of the activity of the branch.
(2) The provisions of paragraph 1 shall apply mutatis mutandis to the sale of an undertaking or its organisational components in a public auction. "
8. In Paragraph 19 (2), the words "as well as the right of ownership to them 'are deleted.
9.
"(3) The right of ownership of privatised property shall be transferred to the acquirer either on the date of the contract's agreed effectiveness or on the date of creation of the company; Registration according to specific regulations (8) is not required. The rights of third parties to property which is the subject of sale or deposit under this Act shall not be affected. ';
(10) Article 25 shall be added to the following paragraph 3:
"(3) The Federal Assembly's special law provides in particular for the legal status of companies established under paragraph 1 (b)."
11. In Paragraph 45, the following paragraph 3 is inserted after paragraph 2:
"(3) Undertakings may conclude lease contracts and other contracts for the use of the assets referred to in Article 1 by other persons only until the date of transfer of the assets to the fund concerned. Should those contracts be concluded for a longer period after 28 February 1992, the right to use the property shall cease to exist on the date of its transfer to the fund concerned. ';
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
12. In Paragraph 47 (1), the dot at the end is replaced by a semicolon and the following text is added: "The authority responsible for approving the privatisation project shall be obliged to notify in writing, without undue delay after the privatisation project has been approved, the eligible person who has claimed his claim under paragraph 2. '
13. In Paragraph 47 (3), the following sentence is added at the end: "If the beneficiary does not agree to settle his claim in an approved privatisation project, he may claim his claim before the court within 15 days of the date on which he was informed of the method of settling his claim. '
Article 14 (47) shall be added to the following paragraph 4:
"(4) If the entitlement of the beneficiaries cannot be settled in accordance with the procedure referred to in paragraphs 1 to 3 because the privatisation project concerned has not been approved by 31 December 1993, the provisions of Act No. 87 / 1991 Coll., on extrajudicial rehabilitation shall apply to the settlement of the claim. These rights may be exercised by 30 June 1994; if the debtor does not comply with the call for a case, the beneficiary may claim his claim before the court by 31 December 1994. ';
15. The following Sections 47a and 47b are inserted after Paragraph 47:
In the event that a legal person referred to in § 2 (3) of Act No. 87 / 1991 Coll., on out-of-court rehabilitation, has no right of management or, where applicable, the right of ownership referred to in § 1 of this Act, the law of the legal person referred to in § 1 of that Act shall apply to the relief of such property injustices. These rights may be exercised by 31 July 1992; if the debtor does not comply with the call for a case, the beneficiary may lodge his claims before the court within the period of 31 December 1992.
(1) In the liquidation of the organisations referred to in § 1, the liquidator shall monetize the property by selling the goods at public auction. Otherwise, the liquidator may proceed only with the consent of the authority referred to in Section 10 (1).
(2) Pending the adoption of the Special Act, the provisions of Act No. 427 / 1990 Coll., on transfers of State ownership to other legal or natural persons, as amended, shall apply mutatis mutandis to the public auction procedure. '
This Act shall take effect on the day of its publication.
Havel v. r.
Dubček v. r.
CHF
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Regulation Information
| Citation | Act No. 92 / 1992 Coll., amending and supplementing Act No. 92 / 1991 Coll., on the Conditions for Transfer of State Assets to Other Persons |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.02.1992 |
|---|---|
| Effective from | 28.02.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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