Decree No. 95 / 1946 Coll.
Decree published by the National Bank of Czechoslovakia on the reporting of foreign claims and liabilities as well as on the reporting of certain assets and rights
Valid
Effective from 15.05.1946
95.
Decree of the Minister of Finance
of 3 May 1946
publishing the measure of the Czechoslovak National Bank on the reporting of foreign claims and liabilities as well as on the reporting of certain assets and rights.
According to Section 27, paragraph 6 of the Act of 11 April 1946, No 92 Coll., on the Bound Foreign Exchange Economy (Foreign Exchange Act), I declare the attached measure of the Czechoslovak National Bank of 2 May 1946. The measure shall take effect on the day of its publication.
Dr. Šrobár v. r.
Measures
Czechoslovak National Banks
on the reporting of claims and liabilities towards abroad, as well as on the reporting of certain assets and rights.
According to § § § 9, 26 and 48 of the Foreign Exchange Act, the National Bank of Czechoslovakia provides:
(1) The National Bank is to report the following assets, property rights and property obligations of foreign exchange residents:
(a) claims on foreign exchange foreigners, incurred in any way and in any currency;
(b) foreign national and other public and private sub-bonds, liens, treasury bills, life and other capital and pension policies payable abroad;
(c) enterprises (firms, representative companies, establishments and others), shares and participations in enterprises, companies and firms abroad, whether expressed in securities (shares, coupons, shares) or in any other way;
(d) foreign real estate;
(e) foreign exchange and domestic currency and domestic securities deposited abroad for foreign exchange residents; and
(f) liabilities of foreign exchange residents to foreign exchange foreigners incurred in any way and in any currency.
(2) It is for the National Bank to declare the following assets and property rights of foreign exchange foreigners:
(a) enterprises (firms, representative agencies, establishments and others), shares and participations in enterprises, companies and CEZs in the domestic region, whether expressed in securities (shares, coupons, shares) or in any other way;
(b) all other domestic securities located within the territory of the country; and
(c) domestic real estate.
(3) The National Bank shall report any changes to the values, rights and obligations reported under paragraphs 1 and 2.
(1) The report shall be made by the owner (creditor), after the holder of the reporting values, after the debtor. However, on their behalf, the person who manages the values or liabilities shall be required to report the values which are in the custody of the home money institution (money undertaking), the home money institution (money undertaking) and the values referred to in Article 1 (2), the person who holds them for foreign exchange foreigners in custody, otherwise the person who looks after them. Public authorities, public institutes, state and other public undertakings, as well as public corporations and foundations, are also required to report.
(2) If securities belong to domestic money institutions or to money undertakings, public social insurance holders or private insurance companies, they shall always be reported by their owner and not their custodian.
(3) Where the reporting obligation of the parties to the same value or the same commitment is affected by several persons, they may report all joint reports with a possible indication of the proportion.
(1) Claims, other assets and rights, as well as obligations, are to be reported within 10 days of their acquisition, establishment or taking over into custody or administration, unless otherwise specified in the following paragraphs.
(2) The claim resulting from the export of the goods shall be declared by the exporter or his agent by adding to the accompanying documents the duly completed official form "Reporting of the export claim ', which is the certificate" Statistical Export Report'.
(3) The undertaking resulting from the import of goods shall be declared by the importer or his agent by submitting to the customs office a duly completed official form "Reporting of an import obligation ', which shall be a copy of the" Statistical import declaration'. Where the goods are declared orally and subject to a statistical report, they shall be used for the declaration of an obligation to import by means of a duly marked bill of lading.
(4) By way of derogation from the provisions of paragraph 1, it is permitted to declare by 15 January, 15 April, 15 July and 15 October each year for the preceding calendar quarter:
(a) claims and liabilities of domestic monetary institutions (money undertakings) and insurance undertakings;
(b) claims and obligations arising from a business relationship (expenses, remuneration, insert and advertising expenses), unless they are normally reported in accordance with the provisions of paragraphs 2 and 3;
(c) claims and obligations on transport companies for freight, storage and etc.,
(d) claims and obligations under licence and patent agreements and for patent fees;
(e) claims and obligations under copyright, medical and other fees;
(f) claims and obligations of lawyers from legal representation,
(g) other claims and liabilities whose quarterly reporting is permitted by the National Bank to the person required to report on request.
(5) Foreign exchange residents who become foreign exchange residents are required to report the values and obligations referred to in Article 1 within 10 days of becoming foreign exchange residents.
(6) Devis landlords who stay abroad at the time when they are required to report shall comply with the notification no later than 10 days after their return to the country.
(1) Changes in the values and commitments reported pursuant to Article 1 shall be reported within 10 days of the change, unless otherwise specified.
(2) Amendments to the claims and obligations referred to in Article 3 (4) are permitted by way of derogation from the provisions of paragraph 1 by 15 January, 15 April, 15 July and 15 October for the preceding calendar quarter.
(3) Article 5 shall apply to the reporting of changes in export claims and import obligations.
Devis landlords are required to report No later than 15 January, 15 April, 15 July and 15 October of each year, the national bank shall have the changes made to its export receivables or import obligations and the status of those claims and liabilities at the end of the same quarter. The report shall use the official forms "Reporting of stocks and changes in claims for exported goods," after "Reporting of stocks and changes in obligations for imported goods." If the status of the claims does not change, in the case of commitments during the quarter, the report may be made by letter indicating the figures of the claims, after national liabilities in the original currencies.
(1) The foreign nationals referred to in Article 2 who, on the date of the publication of the Foreign Exchange Act, possess (hold) values or have the obligations referred to in Article 1, or manage or maintain those values or obligations in custody or otherwise take care of them shall be required to report them within 30 days of the publication of the Foreign Exchange Act. However, there is no need to report the values and commitments already announced to the National Bank under its Order published in Official Gazette No 95 of 8 September 1945, on the reporting of claims, rights and entitlements, as well as on commitments to the former German Empire, and under its Order published in Official Gazette I, amount 20 of 2 February 1946, on the reporting of certain values and rights; also, the values and obligations exempt from the obligation to report are not to be reported.
(2) By means of the report referred to in paragraph 1, foreign exchange residents shall comply with the reporting obligation under Paragraph 48 of the Foreign Exchange Act.
(3) Changes in the values and liabilities reported to the National Bank, which occurred before the Foreign Exchange Act was published, are to be reported, if not already done, within 30 days of its publication, in the case of the next quarterly reporting pursuant to Article 3 (4) or Article 5.
(1) The report according to the previous articles is submitted to the National Bank of Czechoslovakia in Prague or to its Regional Institute for Slovakia in Bratislava, depending on whether it is a foreign exchange domestic resident in the Czech and Moravian-Silesian countries or in Slovakia, or whether it is a foreign exchange alien in the Czech and Moravian-Silesian countries or Slovakia.
(2) Reports shall be made on official forms which shall be completed in accordance with the directives printed on the back of the forms. Forms can be received from the National Bank of Czechoslovakia in Prague, its Regional Institute for Slovakia in Bratislava and its filipers, as well as from the money institutions and money companies, forms for the reporting of export claims and import obligations, which are the paper sheets of "Statistical Announcements," also for the State Printer in Prague, for customs and postal offices, as well as for railway shipping.
The national bank may authorise individual persons or groups of persons other than those referred to in the preceding Articles to the modified reporting method.
Done at Prague, 2 May 1946.
National Bank of Czechoslovakia
Dr. Heavens v. r.
Dr Chmela v. r.
Oliva v. r.
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Regulation Information
| Citation | Decree No. 95 / 1946 Coll., which publishes the measures of the Czechoslovak National Bank on the reporting of foreign claims and liabilities as well as on the reporting of certain property values and rights |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.05.1946 |
|---|---|
| Effective from | 15.05.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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