Law No. 90/2012 Coll. on Commercial Companies and Cooperatives - General Provisions

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TITLE VI

TEAM

Part 1

General provisions on the team

Section 1

Basic Provisions

§ 552

(1) Cooperative is a non-exclusive community of people that is founded for the purpose of mutual support among its members or third parties, or for business purposes.

(2) has at least 3 team members.

(3) The company shall give the term "cooperative".

§ 553

The statutes also include cooperative

a) the company team,

b) the subject of entrepreneurial activity,

c) the amount of capital base, or initial deposit,

d) the manner and period of repayment of the acceding member

e) the manner of convening the meeting of members and rules of decision

f) the number of members of the Audit Commission and the duration of their term of office,

g) the conditions of membership in a cooperative and

h) the rights and responsibilities of team member (hereinafter referred to as "Member") and cooperatives.

§ 554

(1) Amendments to the Statutes shall take effect when approved by the membership meeting, unless the resolution comes from members' meetings that take effect later.

(2) If a change in the statutes on the basis of law, the Board shall prepare a team full text of articles without undue delay after a member of the Board becomes aware of this fact.

Section 2

Founding team

§ 555

(1) The constituent meeting of a cooperative (hereinafter referred to as "founding meeting") beside the Statute elect board members to approve the team and the satisfaction of the of capital, or even initial deposit.

(2) prepare draft statutes of the convener, which is a natural person authorized in writing to those interested in the establishment of cooperatives.

(3) The convener shall convene interested in establishing a cooperative manner appropriate to the inaugural meeting.

§ 556

(1) The constituent meeting may participate in the person who filed an application to co-created for the attention of the organizer and did not take it back to the start of the founding meeting, or other persons, unless such persons shall prohibit participation in the founding meeting.

(2) In the event that the inaugural meeting of the participating agent must not represent more than 1 person who filed the application.

§ 557

(1) The constituent meeting starts convener or a person authorized. It shall inform the inaugural meeting quorum by attendance list, the accuracy and completeness before verified by comparison with the application, and the constituent meeting familiar with the dealings convener has taken. In addition, proposed rules for the inaugural session of the meeting and the presiding election.

(2) Before further negotiations approve the proposal from the inaugural meeting organizer or the person responsible for receipt of applications by individual candidates for the establishment of cooperatives, with the only persons whose applications were approved, shall be entitled to attend meetings of the constituent meeting.

(3) Constitutive Meeting adopts resolutions by a majority vote present at the time.

§ 558

(1) A person who has made an application to the team, it can take back to the start of the founding meeting, the provisions of § 559 is not affected.

(2) Any person who is entitled to attend the inaugural meeting under § 557, paragraph 2, at the opening meeting has 1 vote. The articles are always voted on publicly.

§ 559

(1) The founder of the team is the person who filed an application to co-created by opening constituent meeting, did not take her back, her application was pursuant to § 557 paragraph 2 and to meet the approved conditions for membership and its creation, except under the deposit obligation, or of employment.

(2) A person who did not vote for the adoption of statutes, may withdraw your application immediately after the announcement of voting results, otherwise the account to withdraw the application, in this case does not founder. Withdrawal application shall be stated in a public document, which certifies the course of the constituent meeting.

(3) Upon approval of an approved list of the constituent meeting of the founders, annexed to a public document pursuant to § 560th

§ 560

(1) Progress inaugural meeting and a decision on adoption of the statute is to certify a public document that must contain the final text of the statutes and which is annexed a list of the founders and the founders of the written declaration of acceptance of deposit obligations of Member to the base of the deposit, unless such statement has been certified as the founders instrument of public certificates during the inaugural meeting.

(2) If the founder of the compelling reasons to participate in the founding meeting, the receipt of a certificate of deposit obligations under paragraph 1 made in the form of a public document or written statement of acceptance of this obligation in the form of a public or with a notarized signature of the statutory body established to deliver team within 15 days of the date of the inaugural meeting.

§ 561

Founder of the deposit obliged to fulfill the basic input to a Member of the deposit or deposit within 15 days of the date of the inaugural meeting which decided to establish cooperatives, otherwise it becomes a member.

§ 562

Information board

(1) establish a team at the headquarters of the information board. The information desk is open every working day in the normal working hours to all members.

(2) Determine if the articles, information desk is available to cooperative members through the website.

Section 3

Deposits

§ 563

(1) Each member participates in the capital base team member contribution.

(2) Determine if the statutes so provide, a member may participate in the capital of one or more other Member deposits. The amount of additional members' shares may be different for individual members.

(3) Member deposit base is made up of the sum of capital and all other member deposits.

§ 564

(1) The condition of membership is a written declaration pursuant to § 560 paragraph 1 or 2 and meet deposit obligations of Member to the base of the deposit, unless this Act provides that the commencement of membership is also a need for employment creation. The statutes may determine that a condition of membership is a deposit only to fulfill the obligations related to initial deposit in the amount specified statutes; input is part of the deposit base of capital.

(2) The base of capital for all team members the same.

(3) Deposit obligation to the extent of the difference between the base member contribution and buy-ins must be met within the time specified in the statutes, which may not be longer than 3 years.

§ 565

For the duration of the membership base is not a Member of the deposit or return, it does not apply if there is a reduction of capital base.

Increase in share of capital

§ 566

(1) The increase of capital amounts paid by members is possible, determine if the statutes so provide. Basic Member deposit can be increased by amounts paid by members other than once every 3 years and up to three times their current level.

(2) The adoption of a decision to amend the Articles, which will increase an additional charge of capital base member, and a decision on the increase of capital must pass at least 90 days.

§ 567

(1) Members' Meeting may decide that the Member deposit base increased proportionately to all members of the team's own resources.

(2) The increase of capital from its own resources is only possible if the financial statements, under which members' meeting decides to increase, audited with an unqualified opinion.

(3) To increase the use of capital reserve fund can not, unless under another law or statute establishes other funds that are created for purposes other than to increase the contribution of the Member or their own resources are assigned and whose purpose team is entitled to change.

(4) Increase in share capital must be greater than the difference between equity and the sum of existing capital and other own resources, which are assigned a team whose purpose is not authorized to change.

Reduction of capital base

§ 568

(1) The Board shall publish the decision to reduce members' meeting basic of capital and the amount thereof within 15 days of its adoption twice with an interval of 30 days.

(2) The Board simultaneously with the publication of written invitations to all known creditors teams, whose claims arose before the team members' meeting resolution on reduction of capital, to register their claims against the cooperative within 90 days after the last publication, unless it is a reduction base of capital to offset losses.

§ 569

(1) give the creditor the team that logs time his claim against the cooperative, reasonable assurance that it will satisfy the claim or, unless otherwise agreed with the lender. Cooperative agreement demonstrates the application for a reduction in the entry of capital into the commercial register.

(2) The obligation under paragraph 1 shall not apply to worsen with decrease in the recoverability of capital assets for the team.

(3) If a creditor that has worsened the recoverability of receivables, and the team denies it, the court on adequate collateral under § 571st

§ 570

Agrees to be cooperative with all creditors to secure or satisfy their claims, there is no need to meet the deadline specified in § 568, paragraph 2; cooperative agreement demonstrates the application for registration of capital reduction of incorporation.

§ 571

In the event that the team and the way the creditor securing the debt agreement, decide on appropriate security court with regard to the type and amount of the claim, the court's decision demonstrates a cooperative Registry Court in applying for a reduction in the entry of capital into the commercial register.

§ 572

Additional member contribution

(1) The transfer of responsibilities to another Member of the deposit close association with a member of a written contract. The contract includes data on the amount of monetary contribution, or on what form the subject matter of in-kind contribution and his awards, his method of valuation and the deadline to meet deposit obligations.

(2) Unless another settlement of capital for the duration of the membership agreed in the contract of another Member of the deposit can not be a member of another Member or part of deposit or otherwise deal back.

In kind

§ 573

(1) Non-monetary contribution will be appreciated from the expert of experts conducted under other legislation designated by the depositor and cooperative agreement, or if the team still did not arise in agreement between the founders.

(2) Non-monetary contribution can not be credited to a member deposit a higher amount than what was awarded.

(3) Non-monetary contribution approved before entering the membership meetings or constituent meetings.

§ 574

Determine if the statutes so provide, may also be non-monetary contribution or application design work or supply or service member.

Section 4

The rights and obligations of members

Subsection 1

Basic Provisions

§ 575

(1) The member is in accordance with the law and the law especially

a) to elect and be elected to the bodies of cooperatives,

b) participate in management and decision making in a cooperative

c) participate in the benefits provided by the team.

(2) Members shall, in particular

a) comply with the statutes,

b) to comply with decisions of the team.

§ 576

(1) Where articles or a resolution of the meeting of members determined that the rights of the member or some of them determined by the length of his membership in the cooperative, the expected length of membership of each member from the membership of its legal predecessors, whose membership was created first.

(2) The length of membership under paragraph 1 shall be counted as time during which the member or his legal predecessor business partner or a member corporation, which was the predecessor legal team.

Subsection 2

Acquisition of membership

§ 577

(1) Membership in a cooperative arises only when all terms of this Act and Statutes, and

a) the establishment of cooperatives on cooperatives,

b) the date of the decision of the competent authority for admission as a team member or a later date specified in this decision;

c) transfer or share a cooperative transition.

(2) application applicants for membership and the decision on the adoption of a cooperative must be in writing and always include the team name, the name and permanent address of the applicant for membership and its definition of a cooperative share.

(3) The adoption of the cooperative board decision or other authority designated cooperative statutes, except for the commission.

(4) Membership in the team created for an indefinite period.

§ 578

Membership of one of the spouses does not constitute membership in the cooperative of the other spouse.

§ 579

(1) makes the creation of statutes membership employment relationship member to a cooperative team member may only be a person eligible for a work contract.

(2) Membership in the team begins on the day of employment and ending on the date of termination of employment, if the statutes condition of membership in a cooperative working relationship member to the team; statutes may determine that termination of membership does not terminate the employment relationship.

Members List

§ 580

(1) maintains a list of team members.

(2) The list of members shall be entered

a) the name and permanent address, where appropriate, another member designated mailing address,

b) the date and method of formation and termination of membership in a cooperative and

c) the amount of capital and the extent to meet deposit obligations of a Member of the deposit.

(3) A member shall notify the team and show every change in the list of registered members, without undue delay after the event occurred. The cooperative shall register the fact to be recorded without undue delay after the change had been established.

§ 581

(1) The member has the right to inspect the membership list and request a free issue of confirmation of their membership and content of its registration in the list of members. The statutes may determine that a member who requires that certification more often than once a year, the team will pay the reasonable costs associated therewith.

(2) Data entered in the list of team members may be used only for their needs in relation to members of the team. For any other purpose such data may be used only with the approval of its members are involved.

§ 582

(1) The cooperative shall issue to each member at his written request for reimbursement and a copy of the list of all members of the list or requested, without undue delay of receipt of the request.

(2) The Board will look into every part of the list if a legitimate interest in this consultation or demonstrate written approval of a member whom the registration relates;, signature must be authenticated.

§ 583

Ceases to be a member of his team member, team member list in the mark without undue delay. This list of the board to see only former member whose registration is concerned, and its legal successor. Another person team will provide information on the list only as provided by law regulating the business in the capital market for the provision of data by the person leading register of investment instruments.

Subsection 3

Board membership

§ 584

Membership application

(1) Each member shall be entitled to claim compensation for injury to team against a member body of a cooperative or to meet their obligations under any agreement pursuant to § 53 paragraph 3, the same applies for subsequent enforcement.

(2) member shall be entitled to claim damages under paragraph 1, if it was about her decision pursuant to § 53 paragraph 3

§ 585

(1) Before exercising the right under § 584 paragraph 1 against a member of the Board informs a control commission, if it was established; towards the application of the law against a member of another body of a cooperative, inform the board of directors.

(2) Informed body exercises his right to compensation without undue delay after receipt of information pursuant to paragraph 1, or a member may exercise his right under § 584, paragraph 1 for the team itself.

§ 586

Member's share of profits

(1) The statutes may determine that some member or members are subject to the conditions specified in the articles entitled to a share of the profits.

(2) Where the statutes do not determine how to determine the member's share of profit to be apportioned among the members shall be determined in proportion to its deposit obligations have been met to a Member of the deposit paid-up share capital of cooperatives, the member whose membership in the reporting year took only part of the accounting period the share of profits shall be reduced proportionately.

Subsection 4

An obligation on members to contribute to cover loss team

§ 587

Determine if the statutes may impose membership meeting members to contribute to cover the loss of cooperative (hereinafter "the duty to reimburse").

§ 588

(1) the obligation to reimburse in the statutes for individual members shall be nominated in the same amount and not more than three times a base of capital.

(2) For all members of the Audit Commission or some of them can be determined obligation to reimburse up to ten times the base of capital, if that possibility is provided in the articles of the day of their membership of the Board or the Audit Commission.

§ 589

Reimburse the obligation may be imposed repeatedly. When the total amount of the obligation to reimburse member for the duration of his membership in the cooperative limit under § 588, the member can no longer be obliged to reimburse another store.

§ 590

Reimburse duty may be imposed even those team members who have caused or loss team in its development contributed significantly.

§ 591

Adjustment to reimburse the obligation in the statutes or the change is effective only for periods subsequent to the period in which the obligation to reimburse the statutes modified or amended by this treatment.

§ 592

A person who was a member of the team for a certain part of the accounting period in which the loss arose team performs only a proportion of the obligation to reimburse for this part of the accounting period.

§ 593

Reimburse the obligation can be imposed if

a) loss of co-operatives were established regular or extraordinary financial statements

b) membership meeting discussed the regular or extraordinary financial statements

c) to offset losses was used retained earnings from previous years and reserve and other funds, if established, which according to the statutes used to offset losses, and

d) the decision of the members' meeting obligations to reimburse members were taken within 1 year from the date of the reporting period in which the loss was paid to reimburse duties.

§ 594

(1) shall not be obliged to reimburse members stored at a higher extent than is the actual amount of the loss of the cooperative.

(2) The difference between the amount at which clen fulfilled the obligation to reimburse, and the amount to be paid under paragraph 1 shall be returned within 3 months from the date on which this fact was discovered.

Subsection 5

Cooperative share

§ 595

(1) is a cooperative share the rights and obligations of membership arising from membership in the cooperative.

(2) Each member may have only 1 cooperative share.

§ 596

A team can not acquire its own co-operative share, unless it is a conversion under other legislation.

§ 597

Statutes may be excluded to share in the cooperative ownership.

§ 598

Transfer and transition co-operative share is not permitted if the statutes condition of employment membership member to the team, this does not apply if the transferee or heir has an employee share of cooperative associations, or becomes.

Transfer of cooperative share

§ 599

Cooperative share transfer is possible only to a person who is under the provisions of this Act or the Statutes may become a team member.

§ 600

A member may transfer his share of credit to another member, if the statutes do not prohibit, and the person who is not a member, if the statutes allow. Transfer statutes may subject the approval of the Board. Consent of the Board with the transfer of cooperative shares can not be changed or revoked.

§ 601

(1) The transferor is responsible for co-operative share of debts that are associated with the cooperative share.

(2) The effects of cooperative share transfer to occur on delivery of effective co-operative agreement on the transfer of a cooperative team shares unless the contract determine the effects later. The same effects as a delivery contract of service, the transferor and transferee to enter into such an agreement.

Transition cooperative share

§ 602

Cooperative share is transferred to the successor member per the terms of this Act or the Articles, unless the statutes exclude transition. The transition can not be ruled out co-operative interest in housing co-operative in the case law indicates that a member of the lease or right of conclusion of the lease.

§ 603

(1) cooperative share heir who wants to be a team member is entitled to their participation in the cooperative to terminate, without undue delay and no later than one month from the date when he became heir, or to disregard the notice.

(2) The notice period is 3 months and for the duration of the course is not the heir entitled to share to participate in their activities.

(3) Where a notice heir under paragraph 1, the team did not become a member.

§ 604

(1) excluded by the statutes of inheritance of a cooperative share, but conditional on the acquisition of membership in the cooperative agreement of the Board, does not become heir to the member, until the approval of its request granted.

(2) If the Board agrees with the emergence of membership, he shall be the heirs, as if a team member from the date of inheritance.

(3) If the Board fails to notify heirs within 30 days from the date of heir team for approval requested, the heirs with the emergence of membership in the cooperative agreement.

§ 605

(1) dissolution of the legal person who is a member of a cooperative, the cooperative share is transferred to its legal successor, if the legal person before its demise and asked the Board to the transition cooperative share legal entity before the agency agreed.

(2) If a legal person more successors, the transition may be distributed cooperative share to more than one legal successor. If the Board approves the transition to cooperative share more than one legal successor rule, approved by the division of cooperative shareholding.

§ 606

Amalgamation of cooperative shares

If a member acquires the duration of his membership in another cooperative team share their cooperative shares coalesce into a single share in a cooperative day become a member. However, if each of cooperative shares associated rights of third parties, cooperative shares to merge the date when the rights of third parties terminate the agreement unless the team member with the third party determines otherwise.

§ 607

Distribution of cooperative share

Where permitted by the statutes, can be divided into cooperative share with the consent of the Board. Split Shares may not be cooperative if the cooperative as a result of the distribution of share holding has fallen by the transferor or the transferee co-operative interest in the team below the amount of capital base.

Financial Assistance

§ 608

Unless the articles of other conditions, may provide financial assistance team, if

a) financial assistance is provided under fair conditions,

b) Board of Directors prepare a written report in which

1) provide financial assistance to objectively justify including the benefits and risks of which the team derived,

2) specify the conditions under which financial assistance will be provided and

3) explain why the provision of financial assistance is not in conflict with the interests of the cooperative.

§ 609

(1) The report pursuant to § 608 point. b) Require the team to the collection of documents without undue delay after the provision of financial assistance approved by the membership meeting. The report shall be available for inspection team members at the headquarters team from convening a meeting of members must be at the membership meeting to all members freely available.

(2) In providing financial assistance to paragraph 1 and § 608 apply to banks and financial institutions, as is the usual limits of their core business and if they do not cause a reduction in equity under the subscribed capital plus funds which are not under this Act or articles divided among co-operators.

Subsection 6

Termination of Membership

Methods of termination of membership

§ 610

Membership in the cooperative ceases

a) Agreement

b) withdrawal of a member,

c) the exclusion of a member

d) transfer of a cooperative share

e) a cooperative transition share

f) the death of team member,

g) the dissolution of the legal person who is a member of a cooperative

h) a declaration of bankruptcy member

i) the dismissal of an insolvency petition for lack of assets member

j) delivery of notification of repeated unsuccessful auction in enforcement proceedings or in execution or, if not membership rights and obligations of the convertible, a final regulation enforcement impairment of rights and obligations, or legal power to order enforcement of disability rights and obligations of the Member after period specified in the invitation to meet the obligations enforced by special legislation and, if it was at this time a proposal to stop the execution, after the decision on this proposal

a) termination of employment under § 579, paragraph 2, unless the statutes provide otherwise, or

l) termination without legal successor team.

§ 611

Agreement on cessation of membership and notice of resignation of members of the team must be in writing.

§ 612

(1) The statutes may determine the period of notice for resignation from the team, which may not be longer than 6 months; meeting of members to the decision that is contrary thereto, shall be disregarded.

(2) Where the statutes do not determine the notice period, the protruding member to identify in the notice of appearance as the date of termination of membership in the team a different day than the day of receipt of notice of withdrawal. Between the date of receipt of notice of withdrawal and the date of termination of membership specified in the notice of withdrawal must elapse time is longer than 1 year.

§ 613

(1) If a member performs the team because he disagrees with the amendment to the statutes

a) the amendment to the withdrawing member is not effective and the relationship between team member and shall be governed by existing statutes,

b) state the reason for presentation in the notice of withdrawal, otherwise it is not a performance because of disagreement with the amendment to the statutes

c) the notice of withdrawal delivered to the cooperative within 30 days from the date of the meeting of members, a resolution to amend the articles taken, or to the right of any Member to withdraw from the team due to disagreement with the amendment to the statutes, be disregarded and

d) membership of a departing member expires calendar month in which the notice of withdrawal delivered to the team.

(2) the procedure referred to in paragraph 1 may withdraw from the team, each member at the membership meeting voted to amend the articles, the ballot is prohibited.

(3) If there was to amend the articles with which team member, the decision to the Assembly of Delegates may withdraw from the cooperative each member, within one month from the date he knew or could find out about this change, but not later than 3 months.

Expulsion of a member of the team

§ 614

A member may be expelled from the team, if seriously or repeatedly breached the obligations of membership, ceased to qualify for membership or for other important reasons mentioned in the articles.

§ 615

(1) The exclusion prevents a written warning.

(2) The Board shall decide the award warnings or other authority designated by the statutes.

(3) The warning shall state the reason for the award and a member of the alert to the possibility of exclusion and ask to make a stop violations of membership obligations and consequences of failure to remove membership obligations, to the members always provide for an appropriate period, but at least 30 days.

§ 616

The provisions of § 615 shall not apply if the Member breach of duty or other important reasons given in the articles have consequences which can not be removed.

§ 617

(1) Exclusion of a member of the team decides board of directors or other authority designated by the statutes.

(2) The exclusion can not decide later than within 6 months from the day when the team learned the reason for exclusion, but not later than 1 year from the date of exclusion occurred.

(3) The exclusion must be in writing. The decision also includes instruction on the law secreted 618th member under §

§ 618

(1) The decision to exclude a member may submit a reasoned objections to the members' meeting within 30 days of receipt of the notice of exclusion, this applies even if it decided to exclude membership meeting, to the opposition, contrary to the account.

(2) When deciding on the exclusion of the statutes membership meeting, the procedure under § 620 to 622nd

§ 619

Membership secreted person ceases futile expiry of the objection or the date when it was cleared by a person served with the decision to reject the meeting of members of the opposition.

§ 620

(1) The decision of the meeting of members

a) the rejection of the opposition, or

b) the exclusion if the exclusion of decisions under a statute membership meeting,

secreted by the person may be submitted within 3 months from the date of delivery of the draft declaration on the court decision to exclude invalid.

(2) Until the expiry of the deadline for submission to the court or pending final completion of legal proceedings against the member of the team can not exercise any rights arising from the termination of its membership.

§ 621

The decision to expel a member of the Board and Member Meeting decision to reject the objections and confirmation of the decision to exclude the vylucovanému clenovi delivered by registered mail to the address of the hands of members referred to in the list of members.

§ 622

(1) The cooperative may cancel the decision on expulsion, revocation of the decision to exclude a cooperative institution decides who is entitled to decide to expel a member.

(2) With the abolition of exclusion excluded person must agree in writing. If not grant consent to exclusion of one month from the date on which the judgment was delivered on the abolition of exclusion, the exclusion decision to cancel the account, it does not apply if the person to cancel the decision to exclude previously requested in writing.

(3) The decision of the exclusion can be, even in cases in which proceedings relating to invalidity expulsion of a member of the team.

(4) If the decision to exclude withdrawn or decided the membership meeting or the court that the opposition members against the decision on exclusion is justified, it is true that membership in the cooperative has not expired.

Section 5

Settlement amount

§ 623

(1) settlement amount is determined by the ratio of deposit fulfilled the obligations of membership, which in the accounting period, the membership, the Member contribution to the total deposit of fulfilled duty of all members to member deposits on the last day of the reporting period.

(2) In calculating the ratio of the share settlement under paragraph 1 shall be multiplied by the amount of equity team after deducting the reserve fund, if under other laws or statutes established, to the extent that under any law or statute can not divide the reserve fund between team members, determined from financial statements prepared on the last day of the accounting period in which membership has expired. Termination of the membership to 30 June of the reporting period, determine the settlement amount of the equity team at the last day of the previous reporting period, if so established a higher settlement amount.

§ 624

Settlement amount is due upon expiry of 3 months from the date on which it was or could be the amount determined under § 623rd

§ 625

The provisions of § 623 and 624 shall apply if the statutes specifies otherwise; statutes can not determine the period for paying the settlement share more than 2 years from the date of termination of membership.

§ 626

Unless the statutes provide otherwise, the settlement amount payable by an expelled member within 1 year after it was or could be the amount determined under § 623, or legal force of a court decision which the proceedings concerning the determination of invalidity of a decision to exclude completed.

§ 627

(1) If the bankruptcy was closed to the property member, his membership in the cooperative shall be renewed, this does not apply if the audition was canceled after fulfillment of the resolution or because the debtor's estate is entirely insufficient.

(2) The insolvency administrator returns within 30 days of the decision to cancel the bankruptcy court settlement amount paid by the bankrupt team.

§ 628

(1) If he was finally stopped by enforcement or execution disability cooperative share, compulsory membership in the cooperative shall be renewed.

(2) A person who received the settlement amount paid by the debtor returns within 30 days of the decision of the court suspend enforcement or execution of compulsory settlement amount paid by the team.

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