Dept 72 - State Property

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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The Department exercises the competence of the Ministry as the central administrative authority for the State property management, including the general exercise of ownership and other property rights of the State. In relation to the privatization of State property, the Department exercises the competence of the Ministry in the preparation of transfers of State property to other persons pursuant to Act No 92/1991 and Act No 178/2005 and in co-operation with the Office for the Protection of Competition it addresses issues related to the EU State aid rules. The Department carries out legislative activities in the field of State property management. The Department is responsible for the development of the concept of the State’s financial policy in relation to State property management and for the coordination and methodical guidance of the single exercise of State ownership right. It exercises the competence entrusted to the Ministry by Act No 219/2000, unless the rules of organization entrust this competence to another department of the Ministry. It acts as the coordinator in relation to the Office for Government Representation in Property Affairs, a Ministry’s organization, performs professional supervision of the activities of the Office for Government Representation in Property Affairs, including methodological activities, and carries out tasks within the scope of competence of the Ministry with respect to the Office for Government Representation in Property Affairs pursuant to Act No 201/2002, unless the rules of organization entrust this competence to another unit of the Ministry. The Department is responsible for the preparation and the approval process of transfers of State property to other persons, where such process is related to the Ministry’s competence. It deals with issues arising from the violation of Act No 427/1990 and from restitution claims arising under Act No 87/1991 in relation to Act No 92/1991. It prepares and submits for decision the materials concerning the granting of consent pursuant to Section 47b of Act No 92/1991. It exercises the competence entrusted to the Ministry by Section 6(2) of Act No 503/2012. It addresses issues related to Česká spořitelna s. p. “v likvidaci” (in liquidation), a former organization owned by the Ministry.

The Department exercises the competence of the Ministry as the central administrative authority for the privatization of State property pursuant to Act No 92/1991 and Act No 178/2005, including the creation of the concept in the field of State property privatization. It implements the privatization decision issued by the ministry or Government and, where the privatization decision cannot be implemented, it ensures changes to the privatization decisions issued by the Ministry or the Government. It manages the assets of dissolved State-owned enterprises or other State organizations, or exempted parts of these assets, which will pass to the Ministry in accordance with the privatization decision. It acquires and administers the State assets and ownership interests in companies where they have passed to the State by withdrawal from contract due to the breach of contractual obligations of the acquirer of the assets to be privatized under Act No 92/1991, or by a court order. It founds joint-stock and other companies or participates in their foundation in accordance with the privatization decision. It purchases shares on the basis of State participation in the business of companies and exercises the rights and obligations of the shareholder. It is responsible for the settlement of the sale of shares from the portfolio of the Department on the capital market. It is responsible for the information duty of a securities trader pursuant to Act No 256/2004 and the notification duty concerning changes in the share of voting rights in accordance with Act No 90/2012. It is responsible for legal services for the privatization process, keeps a complete agenda of active and passive legal disputes, claims and bankruptcies arising from or in connection with the privatization process. In addition, the Department carries out the agenda in matters of the defunct ČKA (i.e.: administration of claims and equity, trademarks and passive legal disputes which have passed to the Ministry in connection with the termination of its activities, representation of the Ministry in court or other proceedings related to its activities, except for the agenda of international legal disputes; it proposes the most appropriate further course of action according to the dispute analysis and, if necessary, proposes measures to terminate them and to prevent further disputes and is responsible for dealing with all passive legal cases concerning the related portfolio). It carries out the agenda related to the administration of claims and passive legal disputes which have passed to the Ministry in connection with the termination of the Securities Centre. It represents the Ministry in other civil-law proceedings to which the Ministry is a party. It handles complaints about the procedure in dealing with requests for information pursuant to Act No 106/1999 where the Ministry of Finance is the obliged entity.

Units

  • 7201 -  Legal Support and Assets Unit
  • 7202 -  Unit for Methodological Supervision and Approval of Legal Acts in the Management of State Assets
  • 7203 -  Transfer of State Property and Privatisation Approval Process Unit
  • 7204 - Unit for the Administration of Receivables and Other Assets Assumed from the National Property Fund, the Czech Consolidation Agency and the Prague Securities Centre
  • 7205 - Approval of State Property Disposal Unit
  • 7206 - Sales of Property and Administration of Property Interests Unit