Department 72 – State Property
The Department exercises the Ministry's powers as the central administrative authority for the management of state property, including the general exercise of the state's ownership and other property rights. In the area of the privatisation of state property, the Department ensures the Ministry's competence in the preparation of transfers of state property to other persons pursuant to Act No.92/1991 Coll. and Act No.178/2005 Coll. and, in cooperation with the Office for the Protection of Competition, deals with issues related to EU rules for the provision of public aid. The Department performs legislative activities in the field of state property management. The Department ensures the development of the concept of the state financial policy in the area of state property management and provides coordination and methodical direction of the uniform exercise of property rights of the State. It performs the competences assigned to the Ministry by Act No 219/2000 Coll., unless another department of the Ministry is competent to perform these competences according to organisational regulations. In relation to the ministerial organisation, the OGRPA performs the tasks of the management unit, exercises professional supervision over the activities of the OGRPA, including methodological activities, and ensures other tasks within the competence of the Ministry in relation to the OGRPA pursuant to Act No 201/2002 Coll., unless another department of the Ministry is competent to perform this competence according to the organisational regulations. The Department is responsible for the preparation and approval process of transfers of state property to other persons related to the Ministry's competence. 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 for decision materials relating to the granting of consent pursuant to Section 47b of Act No. 92/1991 Coll. It ensures the competence of the Ministry pursuant to Section 6(2) of Act No 503/2012 Coll. It deals with issues related to the former departmental organisation Česká státní spořitelna s.p. "in liquidation". The Department exercises the Ministry's competence as the central administrative authority for the implementation of the privatisation of state property pursuant to Act No.92/1991 Coll. and Act No.178/2005 Coll., including the development of the concept in the field of privatisation of state property. It implements privatisation decisions issued by the Ministry or the Government and, in cases where a privatisation decision cannot be implemented, ensures amendments to the privatisation decision issued by the Ministry or the Government. It manages the property of dissolved state enterprises or other state organisations, or exempted parts of such property, which will be transferred to the Ministry in accordance with the decision on privatisation. It takes over and manages the property and the state's ownership interests in commercial companies if they have been transferred to the state by withdrawal from the contract as a result of breach of contractual obligations of the purchaser of property intended for privatisation under Act No. 92/1991 Coll. or on the basis of a court decision. It establishes joint stock companies and other commercial companies or participates in their establishment in accordance with the decision on privatisation. It acquires shares on the basis of the state's participation in the business of commercial companies and exercises the rights and obligations of a shareholder. It handles the settlement of the sale of shares from the Department's portfolio on the capital market. It ensures the information obligation of the securities trader pursuant to Act No. 256/2004 Coll. and the notification obligation of changes in voting rights pursuant to Act No. 90/2012 Coll. It provides legal services for the privatisation process, manages the complete agenda of active and passive litigation, claims and bankruptcies arising in the privatisation process or in connection with it. Furthermore, the department carries out the agenda in the matters of the defunct CKA (i.e. management of claims and holdings, trademarks and passive legal disputes transferred 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 law disputes; proposes the most appropriate course of action, according to the analysis of the development of litigation, and proposes, if necessary, measures to terminate them and to prevent further litigation; and is responsible for the resolution of all passive legal cases relating to the portfolio after it). It carries out the agenda related to the management of claims and passive litigation transferred to the Ministry in connection with the closure of the Securities Centre. Where appropriate, it represents the Ministry in other proceedings in which the Ministry is a party, insofar as they are related to the agenda of the State Property Section or otherwise related to the agenda of the management of State property. It handles complaints about the procedure for handling requests for information under Act No. 106/1999 Coll., where the Ministry of Finance is the obliged entity.
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 – Sale of Property, Management of Holdings and Other Assets
- Unit 7205 – Approvals of State Property Dispositions