Department 72 – Property of the State

The department represents the Ministry as the central administrative office for the privatisation of state property pursuant to Act No 92/1991 Coll. and Act No 178/2005 Coll. ...

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Department 72 exercises competences of the Ministry as the central administrative office for management of state-owned property, including general exercise of ownership and other related property rights of the state. In the area of privatizations of state property, the department exercises competences of the Ministry in the preparation of state property transfers to other persons pursuant to Act No. 92/1991 Coll. on Conditions for the Transfer of State Property to Other Subjects and Act No. 178/2005 Coll., on the abolition of the National Property Fund and in cooperation with the Office for the Protection of Competition (Czech abbreviation: ÚOHS) it addresses issues related to EU rules for provision state aid. The department oversees legislative activities in the field of state property management. It formulates concepts for the state's financial policy in the area of state property management and coordinates and provides methodological guidance for the uniform exercise of state ownership rights. It exercises competences of the Ministry pursuant to Act No. 219/2000 Coll., on the Property of the Czech Republic, unless another department of the Ministry is competent to exercise this competence according to the organizational rules. In relation to the Office for Government Representation in Property Affairs (Czech abbreviation: ÚZSVM), it acts as the guarantor and performs departmental oversight over the ÚZSVM’s activities, including methodological activities, and oversees other tasks within the framework of the Ministry's competence towards ÚZSVM pursuant to Act No. 201/2002 Coll. unless other departments of the Ministry exercise these competences according to the organizational rules. The department ensures preparation and approval process for transfers of state property to other persons within the competences of the Ministry. It addresses issues arising from violations of Act No. 427/1990 Coll. and from restitution claims arising under Act No. 87/1991 Coll. in relation to Act No. 92/1991 Coll. It prepares and submits materials for decision relating to granting of consents pursuant to Section 47b of Act No. 92/1991 Coll. It exercises the competence of the Ministry pursuant to Section 6 paragraph 2 of Act No. 503/2012 Coll., on State Land Office and its Management of State Property and Funds. It addresses issues related to the former departmental organization “Česká státní spořitelna s.p. - in liquidation" [Czech State Savings Bank - in liquidation]. The department exercises competences of the Ministry as the central administrative office for privatization of state property pursuant to Act No. 92/1991 Coll. and Act No. 178/2005 Coll., including formulation of concepts in the area of state property privatization. It implements privatization decisions issued by the Ministry or the Government and, in cases where privatization-related decisions cannot be implemented, it processes amendments of such privatization decisions issued by the Ministry or by the Government. It manages assets of liquidated (wound-up) state-owned enterprises or other state organizations, or the exempted parts of these assets, which are transferred to the Ministry in accordance with the privatization decision. It takes over and manages property and ownership shares of the state in commercial companies, if they were transferred to the state by effecting withdrawal from the contract due to breach of contractual obligations of the acquirer of property intended for privatization pursuant to Act No. 92/1991 Coll. or on the basis of a court decision. It establishes joint-stock companies and other commercial corporations, or participates in their establishment in accordance with relevant privatization decisions. It acquires shares on the basis of the state's participation in commercial enterprises and exercises the rights and obligations of the state as their shareholder. It oversees settlements related to sales of shares from the Department's portfolio on the capital markets. It performs information and notifications-related obligations of the Ministry as securities trader pursuant to Act No. 256/2004 Coll. and obligations related to notifications of changes in the share of voting rights pursuant to Act No. 90/2012 Coll. It provides legal services during the privatization process, manages the complete agenda of active and passive litigation, receivables and bankruptcies arising in the process of privatization or in connection with it. Furthermore, the department is responsible for the agenda in matters related to the now-defunct the Czech Consolidation Agency (Czech abbreviation: ČKA), i.e. administration of receivables and ownership interests, trademarks and passive legal disputes transferred to the Ministry in connection with termination of its activities; it is in charge of providing legal representation to the Ministry before courts or in other proceedings related to its activities, with the exception of international litigation; it proposes, based on litigation development analysis, further appropriate steps to be taken and, if necessary, proposes measures to terminate such proceedings and prevent further disputes in the relevant matter; it is responsible for resolving all passive litigation concerning the former ČKA portfolio. It is responsible for the agenda related to the management of receivables and passive legal disputes that have been transferred to the Ministry in connection with termination of the Czech Securities Center (Czech abbreviation: SCP) activities. It represents the Ministry in other civil proceedings to which the Ministry is a party. It handles complaints relating to requests for information pursuant to Act No. 106/1999 Coll., where the obligated party is the Ministry of Finance.

Units

  • Unit 7201 – Legal Support and Property Management
  • Unit 7202 – Methodological Oversight and Approvals of Legal Acts related to State Property Management
  • Unit 7203 – Property Transfers and Privatization Approval Processes
  • Unit 7204 – Administration of Receivables and Other Asset Transferred from National Property Fund, ČKA and SCP
  • Unit 7205 – Approvals of State Property Dispositions
  • Unit 7206 – Property Sales and Administration of Ownership Shares