Act No. 455/1991 Coll. on Trades (Trade Act)

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(Effective from 1 January 2015 to 31 January 2015)

455/1991 Coll.

ACT

of 2 October 1991

on business

(Trade Act)

as amended by Act No. 231/1992 Coll., Act No. 591/1992 Coll., Act No. 600/1992 Coll., Act No. 273/1993 Coll. Act No. 303/1993 Coll. Act No. 42/1994 Coll. Act No. 38/1994 Coll., Act No. 136/1994 Coll.

zákona No. 200/1994 Coll., Act No. 237/1995 Coll., Act No. 286/1995 Coll., Act No. 95/1996 Coll., Act No. 94/1996 Coll., Act No. 147 / 1996 Coll., Act No. 19/1997 Coll., Act No. 49/1997 Coll.

Act No. 61/1997 Coll., Act No. 217/1997 Coll., Act No. 280/1997 Coll., Act No. 79/1997 Coll., Act No. 15/1998 Coll., Act No. 83 / 1998 Coll., Act No. 157/1998 Coll., Act No. 167/1998 Coll.

zákona No. 159/1999 Coll., Act No. 358/1999 Coll., Act No. 356/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No. 27 / 2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll.

zákona No. 122/2000 Coll., Act No. 123/2000 Coll., Act No. 124/2000 Coll., Act No. 149/2000 Coll., Act No. 151/2000 Coll., Act No. 158 / 2000 Coll., Act No. 247/2000 Coll., Act No. 249/2000 Coll.

zákona No. 258/2000 Coll., Act No. 309/2000 Coll., Act No. 362/2000 Coll., Act No. 409/2000 Coll., Act No. 458/2000 Coll., Act No. 100 / 2001 Coll., Act No. 120/2001 Coll., Act No. 164/2001 Coll.

zákona No. 256/2001 Coll., Act No. 274/2001 Coll., Act No. 477/2001 Coll., Act No. 478/2001 Coll., Act No. 501/2001 Coll., Act No. 86 / 2002 Coll., Act No. 119/2002 Coll., Act No. 174/2002 Coll.

zákona No. 281/2002 Coll., Act No. 308/2002 Coll., Act No. 320/2002 Coll., Act No. 88/2003 Coll., Act No. 130/2003 Coll., Act No. 162 / 2003 Coll., Act No. 224/2003 Coll., Act No. 228/2003 Coll.

zákona No. 274/2003 Coll., Act No. 354/2003 Coll., Act No. 438/2003 Coll., Act No. 38/2004 Coll., Act No. 119/2004 Coll., Act No. 167 / 2004 Coll., Act No. 257/2004 Coll., Act No. 326/2004 Coll.

zákona No. 499/2004 Coll., Act No. 695/2004 Coll., Act No. 58/2005 Coll., Act No. 95/2005 Coll., Act No. 127/2005 Coll., Act No. 215 / 2005 Coll., Act No. 253/2005 Coll., Act No. 358/2005 Coll.

zákona No. 428/2005 Coll., Act No. 444/2005 Coll., Act No. 62/2006 Coll., Act No. 76/2006 Coll., Act No. 109/2006 Coll., Act No. 115 / 2006 Coll., Act No. 131/2006 Coll., Act No. 161/2006 Coll.

Law No. 165/2006 Coll., Act No. 179/2006 Coll., Act No. 186/2006 Coll., Act No. 191/2006 Coll., Act No. 212/2006 Coll., Act No. 214 / 2006 Coll., Act No. 225/2006 Coll., Act No. 310/2006 Coll.

Act No. 315/2006 Coll., Act No. 160/2007 Coll., Act No. 269/2007 Coll., Act No. 270/2007 Coll., Act No. 296/2007 Coll., Act No. 130 / 2008 Coll., Act No. 189/2008 Coll.

zákona No. 230/2008 Coll., Act No. 254/2008 Coll., Act No. 274/2008 Coll., Act No. 227/2009 Coll., Act No. 285/2009 Coll., Act No. 145 / 2010 Coll., Act No. 160/2010 Coll.

zákona No. 155/2010 Coll., Act No. 424/2010 Coll., Act No. 427/2010 Coll., Act No. 73/2011 Coll., Act No. 152/2011 Coll., Act No. 350 / 2011 Coll., Act No. 351/2011 Coll.

Act No. 355/2011 Coll., Act No. 375/2011 Coll., Act No. 420/2011 Coll., Act No. 428/2011 Coll., Act No. 458/2011 Coll. Act No. 53 / 2012 Coll., Act No. 119/2012 Coll., Act No. 167/2012 Coll.

Act No. 169/2012 Coll . , Act No. 199/2012 Coll . , Act No. 201/2012 Coll . , Act No. 202/2012 Coll . , Act No. 221/2012 Coll . , Act No. 407 / 2012 Coll . Act No. 234/2013 Coll . , Act No. 241/2013 Coll .

Act no. 279/2013 Coll. ,, Act no. 303/2013 Coll., Act no. 308/2013 Coll., Act no. 309/2013 Coll., Act no. 140/2014 Coll. and Act no. 267/2014 Coll.

 

The Federal Assembly of the Czech and Slovak Federal Republic has passed the following Act:

 

PART ONE

General Provisions

 

TITLE I

Subject Matter

 

§ 1

This Act regulates the conditions Trades (hereinafter referred to as “business”) and control over their observance.

 

Trade

§ 2

 

Trades is a continuous activity carried out independently, in their own names on their own responsibility for profit and in terms of this Act.

 

§ 3

 

(1) trade does not include:

  1. a) an activity reserved by law for the state or legal person,
  2. b) use the results of intellectual creative activity protected by special laws, their agents or authors, 2)
  3. c) the performance of collective administration of copyright and rights related to copyright under a special legal regulation 2)
  4. d) restoration of cultural monuments or parts thereof which are works of art or art works, 2b)
  5. e) carrying out archaeological research. 2c)

(2) no further trades in the range of activities of special acts of individuals:

  1. a) doctors, dentists and pharmacists 2d), paramedical staff 2e) in the provision of health services and natural healers,
  2. b) veterinarians, other health workers, including veterinary sanitation workers and members of the professional work in breeding and breeding of livestock, 3)
  3. c) lawyers, 4) notaries 5a) and patent agents 6) and bailiffs, 6a)
  4. d) Experts and Interpreters, 7)
  5. e) Auditors 8) and tax advisors, 8a)
  6. f) exchange dealers 8b)
  7. g) mediators and arbitrators to resolve collective disputes 9), and arbitrators in deciding property disputes, 9a)
  8. h) officially authorized surveying engineers, 10)
  9. i) authorized architects and authorized engineers active in construction, carrying out their activities as free architects and engineers unmarried, 10a)
  10. j) the authorized inspectors who carry out their activities as free profession 10b)
  11. a) Road safety auditors 52),
  12. l) mediators registered under the Act on mediation.

(3) no further trades:

  1. a) the activities of banks 11) , the provision of payment services 11a ) , the issuance of electronic money 11a ) , the operation of payment systems, settlement finality 11a ) exchange activity 11d) , 12 business of insurance ) , reinsurance , insurance intermediaries and independent loss adjusters and insurance charge mathematicians 12) , pension funds 12a ) , 55 pension companies ) , credit unions 12b ) , commodity exchanges 8b ) , operators of regulated markets 13b ) , securities dealers 13b ) and their tied agents 13b ) and the activities of persons engaged in the management of or administration of the investment fund or foreign investment fund and the activities of persons engaged in the settlement of securities transactions 13a ) , the activities of persons engaged in the reception and transmission of orders or investment advice regarding investment instruments under the conditions stipulated by a special law 13b ) and their tied agents 13b ) , credit rating agencies 13c )
  2. b) the organization of lotteries and other similar games, 14)
  3. c) the mining activities and activities carried out by mining methods, 15)
  4. d) the production of electricity, gas production, electricity transmission, gas transmission, electricity distribution, gas distribution, gas storage, electricity trading, gas trading, thermal energy production and distribution of thermal energy, which are licensed under a special legal regulation 16)
  5. e) agriculture, including the sale of unprocessed agricultural products for processing or resale, unless the operation of professional activities in the field of plant health care,
  6. f) the sale of unprocessed plant and animal products from their own small cultivation and breeding activities of natural persons
  7. g) sea transport and sea fishing, 17)
  8. h) the operation of railways and railway transport, 18)
  9. i) carrying out communication activities under a special legal regulation 19)
  10. j) research, production and distribution of drugs, 20)
  11. a) The treatment of addictive substances, products containing and certain substances used in the manufacture or processing of drugs under special legislation, 21)
  12. l) the activities authorized or accredited persons in state testing, 22)
  13. m) Foreign trade in military material, 22a)
  14. n) the performance of labor inspection, 22b)
  15. a) radio and television broadcasts, 23)
  16. p) offering or providing services directly aimed at the satisfaction of sexual needs,
  17. r) the recruitment, 23a)
  18. a) the operation of service stations, 23c)
  19. t) education and training in schools, preschools and school facilities included in the Register of Schools and educational institutions, education in bachelor’s, master’s and doctoral degree programs and lifelong learning programs under a special legal regulation, 23d)
  20. u) of highly dangerous substances, 23e)
  21. v) the operation of airports, commercial air transport and aerial work and air services, 23f)
  22. x) the activities of organizations established under special legislation 23h) performed in accordance with the purpose for which they were established,
  23. y) the exercise of social and legal protection of children’s legal and natural persons, if the exercise of social and legal protection of children assigned to them under a special regulation, 23i)
  24. z) prospecting, exploration and mining of mineral resources of the seabed and ocean floor and subsoil beyond the powers of states, 23j)
  25. aa) the operation of cemeteries 23k)
  26. b) the activity of authorized packaging companies pursuant to special legislation, 23 l)
  27. c) the management of high risk, and risk biological agents and toxins. 23 m)
  28. d) the operation of zoological gardens under a license issued by the Ministry of Environment, 23N)
  29. e) archiving, 23o)
  30. f) the provision of social services under a special legal regulation 23P).
  31. g) the activities authorized persons entitled to verify the achievement of professional competence required to obtain a certificate of professional qualifications under a special law 23q)
  32. h) rental properties, apartments and commercial space
  33. i) the provision of health services 55a )
  34. j) performing professional plant health activities under a special regulation 56)
  35. ak) postal services and foreign postal services under a special legal regulation 57) .

 

§ 4

repealed by Law No. 130/2008 Coll.

 

TITLE II

Operation of the trade

 

§ 5

Entities authorized to operate the business

 

(1) This trade may operate a natural or legal person fulfills the conditions laid down by this Act (hereinafter, “entrepreneur”); state license to operate a trade (hereinafter referred to as a “concession”) is required only in cases defined by this Act.

(2) A natural person who is not resident in the territory of the Czech Republic or legal person who is not domiciled in the territory of the Czech Republic (hereinafter referred to as “foreign person”), may in the Czech Republic to operate the business under the same conditions and to the same extent as Czech person, unless this or special law stipulates otherwise. For the purposes of this Act, Czech person shall mean a natural person resident or legal entity based in the Czech Republic. Residing in the territory of the Czech Republic for the purposes of this Act, a place of permanent residence in its territory 24b), 38e).

(3) If the law implies an obligation to present evidence proving certain facts, it is understood that the submission document, including its translation into Czech by an interpreter registered in the register of experts and interpreters, 24a) in this document has been published in Czech. The signature and stamp on the originals of submitted documents issued abroad must be verified.

(4) The requirement for a translation into Czech by an interpreter registered in the register of experts and interpreters and the requirement to verify the authenticity of the signature and stamp in accordance with paragraph 3 shall not apply to documents submitted by a national of an EU Member State or a legal person with registered office, central administration or principal place of business in European Union member state, if not doubts about the correctness of the translation or the authenticity of the signature or stamp.

(5 ) A foreign individual who intends to reside in the Czech Republic and operate a business that is under a special law 24b ) to have to stay on the territory of the Czech Republic license, the trade license application for a license and a certificate documenting a visa for a stay over 90 days or a long stay . The obligation to present evidence under the first sentence shall not apply to foreign individual who intends to reside in the Czech Republic operate a business through a branch of its business establishment (“the race” ) 24c ) .

(6 ) A natural person who has been granted asylum or subsidiary protection and their family members may engage in business under the same conditions as Czech citizens .

 

§ 6

Terms and conditions of a trade

 

(1 ) a few general conditions individuals , unless this Act provides otherwise,

  1. a) full legal capacity, which can be replaced with the consent of the court to the consent of the legal guardian of a minor to operate a separate business 58) , and

b ) integrity.

(2) A blameless for purposes of this Act a person who has been convicted of a crime committed intentionally, if the offense was committed in connection with the business or the business of, or by requesting that announces when it does not look as if they were not convicted 25a).

( 3 ) Integrity is demonstrated by citizens of the Czech Republic extract from the Criminal Register , and people who are citizens of another EU Member State , the documents according to § 46 paragraph 1 point . a) . For persons who are not citizens of the Czech Republic or another Member State of the European Union , the documents demonstrating integrity in accordance with § 46 paragraph 1 point . b ) a statement of criminal penalties , unless the people who are on the territory of the Czech Republic granted permanent residence , you demonstrate integrity as well as citizens of the Czech Republic. The Small Business Authority is authorized to require an extract from the Criminal Register pursuant to special legislation 25b ) . Request an extract from the Criminal Register and the extract from the Criminal Records shall be transmitted in electronic form , in a manner allowing remote access .

(4) For the purposes of assessing integrity is a trade office is authorized to request from the court a copy of the final decision. If the decision is not decisive for the assessment of integrity, the trade office is authorized to inspect those parts of the criminal file that contain these elements.

 

  • 6a

repealed by Law No. 155/2010 Coll.

 

 

§ 7

Special conditions of a trade

 

(1) The specific terms are a trade professional or other character with this Act or regulations require.

(2) In the event of changes or additions to the requirements for the competence of the business license is required to demonstrate experience in business, which takes a business license for the operation of the trade, and the person who acts as the proxy for the trade concerned, if it is performed before this the change.

(3) If you can not, or professional capacity by any other document issued by a single individual can show evidence of professional competence issued by a competent business professional body in accordance with specific regulations. 22b)

(4 ) If within the competence required to practice in the field, it means , for the purposes of this Act, the exercise of professional activities pertaining to the field or a related field of trade self-employed in the field or in a related field based on relevant business authorization , the person authorized plant management or organizational units of the race, the authorized representative, the person directly responsible for the management of the business that is the subject of trade, or a person performing work independently corresponding field of a trade in an employment relationship , service, membership or similar relationship (hereinafter referred to as ” employment relationship ” ) . In related areas are considered branches that use the same or similar work practices and expertise.

(5) competence can be citizens of the Czech Republic or another EU member state also show evidence of professional qualifications, which certify that the activity performed in another EU member state

  1. a) for 6 consecutive years as a self-employed person or in a managerial position, while the activity may be completed more than 10 years before the announcement of a trade or an application for a license
  2. b) for 3 consecutive years as a self-employed person or in a managerial position, a holder of a qualification issued or recognized by the competent authority or institution of a Member State and certifying a minimum three-year education and training to prepare him for the exercise of professional the activity in the Member State of origin
  3. c) for 4 consecutive years as a self-employed person or in a managerial position, a holder of a qualification issued or recognized by the competent authority or institution of a Member State and certifying at least two years of education and training to prepare him for the exercise of professional the activity in the Member State of origin
  4. d) for 3 consecutive years as a self-employed person, if he proves that he has pursued the activity at least 5 years in a labor relationship with the activity must be completed more than 10 years before the announcement of a trade or an application for a license

e ) for five consecutive years in an executive position, of which at least 3 years in a professional position with responsibility for at least one section of the plant , if the holder of evidence of formal qualifications issued or recognized by the competent authority or institution of a Member State and certifying at least three years education and training to prepare him professionally prepared for the performance of activities in the Member State of origin

  1. f) for 5 consecutive years as a self-employed person or in a managerial position, while the activity may be completed more than 10 years before the announcement of a trade or an application for a license
  2. g) for 3 consecutive years as a self-employed person or in a managerial position where it is demonstrated that the activity performed at least 5 years in a labor relationship with the activity must be completed more than 10 years before the announcement of a trade or an application The concession
  3. h) for 5 consecutive years as an employee, if the holder of a qualification issued or recognized by the competent authority or institution of a Member State and certifying a minimum three-year education and training to professionally prepare him for the performance of activities in the Member State of origin ,
  4. i) for 6 consecutive years as an employee, if the holder of a qualification issued or recognized by the competent authority or institution of a Member State and certifying at least two years of education and training to professionally prepare him for the performance of activities in the Member State of origin ,
  5. j) for 3 consecutive years as a self-employed person or in a managerial position, while the activity may be completed more than 10 years before the announcement of a trade or an application for a license
  6. k) for 2 consecutive years as a self-employed person or in a managerial position, a holder of a qualification issued or recognized by the competent authority or institution of a Member State, attesting to education and training to professionally prepare him for the performance of activities in a Member State of origin
  7. l) for 2 consecutive years as a self-employed person or in a managerial position where it is demonstrated that the activity performed at least 3 years in a labor relationship with the activity must be completed more than 10 years before the announcement of a trade or an application concession, or
  8. m) for 3 consecutive years as an employee, if the holder of a qualification issued or recognized by the competent authority or institution of a Member State, attesting to education and training, which it is professionally prepared for the exercise of the activity in the Member State of origin

if so provided by § 21, paragraph 2 at the craft trades listed in Appendix 1 to this Act or the individual assigned or licensed trades Annex 2 or 3 to this Act, in assessing the competence to apply the law on recognition of professional qualifications 25c) .

(6) The entrepreneur is obliged to provide an activity which is the content of trades listed in Appendix 5 to this Act, only individuals meeting the requirements of professional competence, which are set out in this Annex. Specific legislation establishing the competence of individuals to perform certain trades are not affected by this provision. Entrepreneur of the leading persons meeting the qualification requirements and record copies of documents proving the eligibility of at least 3 years from the date of termination of activities of such persons while being obliged to comply with the obligations laid down by special legislation. 25d)

 

§ 8

Barriers to trade operation

 

(1) This trade can not operate a natural or legal person on whose property has been declared bankrupt, the date of

  1. a) sales race single contract within the realization of assets during the period prescribed by a special regulation 26)

b ) legal force of the decision , which the court terminated the operation of the plant or from the date specified in this decision as the date of termination of the operation of the plant.

(2) This trade can not operate a natural or legal person for a period of 3 years from the decision to reject the proposal for bankruptcy because the debtor’s assets will not be sufficient to cover the costs of insolvency proceedings. Business can not operate on natural or legal person for a period of 3 years from the decision on annulment of bankruptcy because the debtor’s estate is entirely insufficient to satisfy creditors. If the bankruptcy was canceled for another reason, the barrier of a trade referred to in paragraph 1, there is no legal decision on annulment of bankruptcy. The Trade Licensing Office may waive the barrier shown in the first or second sentence, if the debtor proves that the assumptions are met him for the proper fulfillment of obligations in business and for the proper fulfillment of financial obligations.

(3) If the court in insolvency proceedings ordered interim measure whereby the natural or legal person whose decline or impending decline in this proceeding addresses, decreased in estate management, such person may take actions related to the creation, modification or cancellation of business license only with the written approval of the preliminary insolvency administrator.

(4) In the course of insolvency proceedings, a natural or legal person on whose property has been declared bankrupt, doing tasks related to the creation, modification or cancellation of business license only with the written consent of the insolvency administrator.

(5) A natural or legal person who has been a court or administrative penalty or sanction of disqualification for a trade in an industry or a related field (§ 7, paragraph 4), not for the duration of the ban to run this business. If this is about free trade, that person can not operate in an unregulated business, for which a penalty or sanction of disqualification, and the duration of such prohibition; operation of other activities within the free trade remains unaffected. The absence of barriers to trade in pursuit of a legal person shall carry an extract from the criminal records of foreign legal entities also documents pursuant to § 46 paragraph 2 point. a) or b) the state of residence. The Trade Licensing Office is entitled to request an extract from the Criminal Records under a special legal regulation 25b). Application for an extract from the Criminal Records and an extract from criminal records to be transmitted electronically in a manner allowing remote access.

(6 ) businesses can not operate

  1. a) natural or legal person , which was annulled by the business license according to § 58 paragraph 2 or 3,

b ) a natural or legal person who was a member of the statutory body at the time when the event occurred or lasted events that led to the cancellation of trade license pursuant to § 58 paragraph 2 or 3 of this legal entity , it does not apply in the event that a natural or legal person who was a member of the statutory body, proves that it made every effort that could be required to breach legal obligations , which led to the cancellation of the trade license , prevented

c ) any legal person , a member of the statutory body whose natural or legal person , which was annulled by the business license according to § 58 paragraph 2 or 3,

d ) any legal person , a member of the statutory body whose natural or legal person who was a member of the statutory body at the time when the event occurred or lasted events that led to the cancellation of trade license pursuant to § 58 paragraph 2 or 3 of this legal entity , it does not apply if the legal person proves that the member has made every effort that could be required to breach legal obligations , which led to the cancellation of the trade license prevented .

(7 ) A person referred to in paragraph 6 point . a) and b ) may report notifiable trade or apply for a concession in the field or a related field soon after the expiration of 3 years from the decision to cancel the trade authorization , this does not apply in the case of cancellation of trade license pursuant to § 58 paragraph 3 sentence last, or if so stipulated by special legislation. An application for a concession in another field , an entrepreneur may submit soon after 1 year from the decision to cancel the trade license.

 

§ 9

The division trades

Trades are:

  1. a) declare that, subject to specified conditions may be operated through the declaration,
  2. b) trades, which may be operated under concession.

 

§ 10

Business license

 

(1) authorization to operate the business (hereinafter referred to as “business license”) there is except as provided in paragraph 5 of those already registered in the Commercial Register, legal persons who are not registered in the Commercial Register, and individuals:

  1. a) for reporting trades on the date announcements; It does not apply in cases referred to in § 47 para. 5, second sentence, § 47 para. 6-8,
  2. b) in the case of licensed trades effective date of the decision granting the concession; It does not apply in the case referred to in § 54 par. 3rd

(2) legal entities arising under a special regulation, 28a) which are entered in the commercial register after their formation, there is a business license pursuant to paragraph 1 letters a) and b).

(3) The entrepreneur proves its business license

  1. a) an extract from the Trade Register of the data according to § 60 paragraph 4 point. a), b) or c) (hereinafter the “Extract”)
  2. b) a counterpart of the extract with proven delivery notification trade licensing office, including through public administration point 28c) or a final decision on granting a concession.

(4 ) Trade Office concludes that the conditions for the operation of the trade by issuing the statement to foreign natural persons who intend to Czech Republic operate a business through a branch of its business, or founders , or bodies or persons authorized to file for entry into the Czech legal entity or business similar register , if it is established that the legal entity was established or foreign legal entities .

(5 ) Persons referred to in paragraph 4 , the trade license on the date of their inclusion in a trade or similar register , if under any other Act shall be entered in such register . If you do not submit an application for registration within 90 days of receipt of the statement or, if the application is granted, the trade licensing office decides that the declarant conditions for trade license has not complied with in the case of concession notes this fact in the files and in the Trade Register.

(6 ) There is a trade license if a natural person who has not yet been assigned a personal identification number , assign it a trade office identification number provided by the administrator of the basic register of persons 28d) .

(7) Trade license can be transferred to another person. Another person is to exercise, but if this is provided by this Act.

 

Carrying on a trade through a responsible representative

§ 11

 

(1) The entrepreneur may carry on business through a responsible representative. The responsible agent is a natural person established entrepreneur who is responsible for proper operation and compliance with trade regulations and trade licensing business is in a contractual relationship. No one can be appointed the representative for more than four entrepreneurs.

(2) A responsible representative must meet the general and special conditions of a trade pursuant to § 6 and 7

( 3 ) The appointed representative can not be a person who takes impediment trade operation pursuant to § 8 Responsible representative in the field or in a related field or trade can not be a person who has canceled the trade license pursuant to § 58 paragraph 2 or 3, for a period of one year from the decision to cancel the trade authorization , this does not apply if the trade license annulled on the ground that the trade has not been operated for more than four years . Responsible representative of a legal person can not be a member of the supervisory board or other supervisory body of a legal person.

(4) authorized representative shall designate

  1. a) an entrepreneur who is a natural person and does not meet specific conditions of a trade (§ 7),

b ) an enterprise , which is a legal entity for trades requiring special conditions for operating a trade (§ 7). A responsible representative of the Czech legal entity shall designate a person who is the statutory body or a member who meets the conditions for the exercise of responsible representative under this Act. A foreign legal entity shall designate a responsible representative of the head of a branch factory located in the Czech Republic, which meets the conditions for the exercise of responsible representative under this Act. If you can not appoint a responsible representative of the persons, entrepreneur establishes a responsible representative of other people.

(5) The provisions of the responsible representative for trade reporting and termination of its features is the contractor must notify the trade licensing office within 15 days from the date on which that event occurred. Notifies the termination of the function itself an agent, it must also prove that the termination of his office informed in writing in advance businesses. If you can not determine the date of termination of the representative function of the entrepreneur, as notified, the duties of a responsible representative of the date of notification to the responsible representative of the trade office. He said if an agent in your notice as the date of termination of his office later date, ending the performance of his duties that day.

(6) A proxy for business reporting can perform its function after the date of provision meets the conditions required by this Act.

(7) The provisions of the responsible agent for a licensed business entrepreneur shall submit for approval to the trade licensing office. Provisions shall become effective on the date of the approval decision became final. Termination of duties of a responsible representative entrepreneur shall notify the trade licensing office within 15 days of termination of duties. Notifies the termination of the function itself an agent, it must also prove that the termination of his office informed in writing in advance businesses. If you can not determine the date of termination of the representative function of the entrepreneur, as notified, the duties of a responsible representative of the date of notification to the responsible representative of the trade office. He said if an agent in your notice as the date of termination of his office later date, ending the performance of his duties that day.

(8) ceases to act as an agent or does not meet the conditions, the entrepreneur within 15 days appoint a new responsible representative. This does not apply if the suspended operation of a trade or business shall notify the trade licensing office, that a trade is suspended (§ 31, paragraph 11).

(9) entrepreneur can appoint a responsible representative in cases where the law requires it. At its provisions shall apply by analogy to § 11 paragraph 8, except

(10) If an agent is appointed has ceased to hold office or to meet statutory requirements, an entrepreneur can operate a business without a responsible representative only if so provided by other legislation, and under the conditions laid down by him. Trade Office enters into the Trade Register of termination of the responsible representative, specifying that the business is temporarily operated without the proxy.

(11) If a particular piece of legislation sets out the conditions of a trade through a responsible representative differently, paragraphs 1 to 9 shall not apply.

 

§ 12

repealed by Law No. 303/2013 Coll.

 

§ 13

Continuation of the death of a trade business

 

(1) death of a businessman, a trade may continue under the conditions set out in paragraphs 2 to 5 until the end of the discussion on heritage management

  1. a) the administrator of the estate or an executor, if they belong to his estate administration 29)
  2. b) the heirs of the Act, unless the heirs of wills
  3. c) the heirs of the executor and the surviving spouse or partner 28a), although not an heir, if a co-owner of assets used to operate a trade,

d ) the insolvency administrator appointed by the court pursuant to a special legal regulation 26) , but until the end of the bankruptcy proceedings and liquidation administrator 59)

e ) the surviving spouse or partner 28a ) meeting the conditions referred to in subparagraph c ), if the heirs do not continue to trade , or

f ) a trustee of 60 ) when the acquisition race against death entered into the Trust Fund.

( 2 ) If the administrator of the estate of the deceased called an entrepreneur, or an executor, if they belong to his administration of the estate , or the person referred to in paragraph 1 point . b ), c) and e ) intends to continue the operation of the trade under the authority of the deceased entrepreneur is obliged to report this fact to the Trade Licensing Office within three months from the date of death of an entrepreneur , unless otherwise provided herein . If this period expires in vain , business license expires on the date of the deceased businessman ‘s death , does not continue if the trade operation of an administrator appointed by the court , trustee , insolvency or liquidation administrator. Does not satisfy the person referred to in the first sentence , which intends to continue the trade, the conditions laid down in § 6, or 7, or if they are at the obstacles under § 8 or absence of residence in the Czech Republic, if the law requires it , is shall forthwith appoint a responsible representative.

( 3 ) If a person referred to in paragraph 2 , first sentence , which announced pursuant to paragraph 2 continuation of a trade , decided to discontinue the operation continues to trade under the trade license of the deceased entrepreneur shall notify the Licensing Office . Authorized to continue the operation of a trade it will expire on the date the notice is received Licensing Office , and will not continue if the trade operation in another authorized person referred to in paragraph 1 ends this day and the business license of the deceased entrepreneurs.

( 4) The court appointed administrator of the estate , trust , insolvency or liquidation trustee is obliged to notify the continuation of a trade within one month from the date of death of the entrepreneur , and when he was appointed to the position later than 1 month from the date when he was appointed to this position . Failing of an administrator appointed by the court , trustee or liquidator conditions specified in § 7 , shall immediately appoint a responsible representative.

( 5) If the deceased entrepreneur business license has not expired pursuant to paragraph 2 or 3, the post-trial of the estate to continue the operation of a trade person referred to in paragraph 1 point . b ), c) or e ) if it demonstrates that it has acquired property rights relating to the trade, even if they did not notify the continuation of a trade pursuant to paragraph 2 Continuation of a trade that person must within 3 months from the end of the proceedings of the inheritance notify the trade licensing office and simultaneously declare a trade or apply for a license under this Act , otherwise the right to continue the operation of the trade ceases futile expiry of that period . Right to continue operation of the trade ceases the person who reported the continuation of a trade under the second sentence , no later than the date of their own trade authorization or decision of reporting trades Trades Licensing Office according to § 47 paragraph 5 or 6 of these trades and stop driving or refusing an application for a license . Trade license expires deceased entrepreneur futile expiry of the three month period referred to in the second sentence or the day of termination of the right to continue to operate a trade last from continuing persons.

(6 ) The particulars of the notice referred to in paragraphs 2 to 5 shall apply § 45, 46 and 50 mutatis mutandis.

( 7) For the purposes of registration in the Trade Register of the Court shall, at the request of the Trade Office information about final termination of the proceedings of the estate of the deceased entrepreneurs.

 

§ 14

 

When a merger or division of a company or cooperative, or a transfer of assets to a procedure under a special legal regulation 29a), the successor company or team that does not yet have the appropriate business license, or accepting a partner who is a natural person and does not yet have specific business license, continue the operation of a trade under a trade license extinct or distributed or cooperative company, provided that within 15 days from the date of the legal effects of the merger, division or transfer of assets to a continuation of the writing trade, the trade licensing office while reporting business reports or submit a request for concession under this Act. Right to continue carrying on a trade in the first sentence expires on the day of its own business license or a legal successor of the reporting of trades by the Trade Licensing Office according to § 47 paragraph 5 and 6 and licensed businesses stop driving or refusing an application for a license.

 

§ 15

canceled

 

§ 16

repealed by Law No. 130/2008 Coll.

 

Establishments

§ 17

 

(1) an establishment for the purposes of this Act means the area in which the trade operated. An establishment is regarded as machine or similar device used to sell goods or services (hereinafter referred to as “machine”) and mobile plant.

(2) Small business is a business which is portable and is located in one place for more than three months.

( 3 ) businesses can be operated in more if the trader has a legal reason for their use. At the request of the Trade Office entrepreneur is obliged to prove the legal basis for the use of the facility; This does not apply to mobile premises and vending machines . For mobile businesses entrepreneur is obliged to request the Trade Office to prove the legitimacy location of the facility . If the establishment is located in an apartment and not an entrepreneur owner of the apartment , he may conduct a trade only with the consent of the owner . The entrepreneur is required to start and end trade in an establishment notifying the Licensing Office , to apply for the opening of trade in an establishment that is listed in the declaration of a trade pursuant to § 45 paragraph 2 point . g ) and § 45 paragraph 3 point . f ) or in the application for a license pursuant to § 50 and for machines and mobile plant. The notice shall state business information under paragraph 5

(4) The entrepreneur is obliged to ensure that the establishment was eligible for a trade under special laws 29b). For each activity must be appointed a person responsible for the operation of the facility; it does not apply to machines.

(5) The notice referred to in paragraph 3 shall entrepreneur

  1. a) business name or name or the name and surname,
  2. b) the identification number of the person
  3. c) the address of the establishment and scope of business at this establishment for a free trade area of ​​activity,
  4. d) the date (end) trade in an establishment.

(6) The Trade Licensing Office, which receives notice under paragraph 3 shall be assigned premises identification number of facility manager provided the basic register of persons 28d), unless already assigned, it shall register the establishment in the Trade Register and the entry into the register informs entrepreneurs.

(7 ) The site must be permanently and visibly marked outside business or company name or the name and surname of the entrepreneur and his personal identification number . Mobilní provozovna a machine must also bear an indication of location or address at which the location of a branch of a foreign entity .

(8) Premises designated for the sale of goods or services to consumers 29c) must be permanently and visibly marked with the outside

  1. a) name and surname of the person responsible for the activities of establishments, except vending machines
  2. b) the selling or operating time in contact with consumers, unless the establishment or a mobile machine,
  3. c) the category and class of accommodation establishments providing temporary accommodation.

(9) Upon closure of a facility referred to in paragraph 8 of the entrepreneur is obliged, if there are compelling reasons to advance appropriate and visible place outside to mark the beginning and end of the closure, with the exception of mobile establishments and vending machines.

(10) The entrepreneur may sell goods or provide services, if the sale of goods or services does not require a concession, vending machines operated by the consumer. Sale of goods or services using the machines not to acquire certain goods to persons protected by special legislation 29e).

 

§ 18

 

(1) A municipality may under delegated powers 29f) issue market regulations in the form of the village. To offer the sale of goods (hereinafter referred to as “sales”) and provision of services off-site designated for this purpose by building approval under a special law 29 g) define the market order:

  1. a) space for sales and services, which are primarily market and a market (the “marketplace”), and their distribution (eg the type of goods sold or services rendered)
  2. b) determination of adequate facilities and capacity markets,
  3. c) the sale of goods and services in the marketplace,
  4. d) the rules for cleanliness and safety in the marketplace,
  5. e) the rules must comply with the operator of the marketplace to ensure its proper operation.

(2) Market Regulations, with the exception to paragraph 1. a) b) c) applies to the sale of goods and services in markets having the character of the building under a special law. 29b)

(3) A municipality may municipality regulation issued under paragraph 1 shall provide that the regulation does not apply to the village some types of sales of goods and services performed outside an establishment, provided that certain types of sales of goods or services carried out business in the municipality or part thereof are prohibited.

 

 

PART TWO

Types of trades

 

TITLE I

Trade reporting

§ 19

 

The reporting trades are

  1. a) the craft trades, if the condition of a trade professional competence referred to in § 21 and 22,
  2. b) trades, if the condition of a trade professional qualifications specified in Appendix 2 to this Act, unless specified otherwise
  3. c) free trade, that does not operate as a condition of trade competence established.

 

Part 1

Craft trades

 

§ 20

 

Craft trades are trades listed in Appendix 1 to this Act.

 

Competence

§ 21

 

(1) Professional qualifications for vocational trades is documented by proof or evidence of

  1. a) due completion of secondary education with a certificate 30) in the relevant field of education,
  2. b) due completion of secondary education with 31) in the relevant field of education, or vocational training subjects in a relevant field,
  3. c) due completion of higher vocational education 31) in the relevant field of education,
  4. d) due completion of higher education, 31a) in the relevant field of study programs and study fields,
  5. e) the recognition of professional qualifications issued by the recognition authority in accordance with the law on recognition of professional qualifications 25c), or
  6. f) the acquisition of professional qualifications as are specified for the corresponding profession in the National Qualifications Framework 23q).

(2) Citizens of the Czech Republic or another EU Member State can demonstrate professional competence

  1. a) for the trades referred to in Part A of Annex 1 to this Act, the documents pursuant to § 7, paragraph 5, point. b), c) or e)
  2. b) for the trades listed in Part B of Annex 1 to this Act, the documents pursuant to § 7, paragraph 5, point. b), c), f) or h), or
  3. c) for the trades listed in part C of Annex 1 to this Act, the documents pursuant to § 7, paragraph 5, point. j), k), l) or m).

 

§ 22

 

Documents proving professional competence in accordance with § 21 can be replaced by evidence of

  1. a) due completion of secondary education with a certificate 30) in the related field of education and evidence of one year’s experience in the field,
  2. b) due completion of secondary education with 31) in the related field of education and evidence of one year’s experience in the field,
  3. c) due completion of higher vocational education 31) in the related field of education and evidence of one year’s experience in the field,
  4. d) due completion of higher education, 31a) in a relevant related field of study programs and study fields,
  5. e) due completion of retraining, 30a) for the relevant work activities, issued by an establishment accredited in accordance with special legislation, or by an establishment accredited by the Ministry of Education, Youth and Sports, or by a ministry in whose purview the sector in which the trade is operated, and evidence of one professional experience, or
  6. f) six years’ experience in the field.

 

Part 2

Trades

§ 23

Trades are trades listed in Appendix 2 to this Act.

 

§ 24

Competence

(1) Professional qualifications for trades is given in Annex 2 to this Act or is regulated by specific legislation in this Annex.

(2) Citizens of the Czech Republic or another EU Member State can demonstrate professional competence certificate of recognition of professional qualifications issued by the recognition authority in accordance with the law on recognition of professional qualifications.

 

Part 3

Free trade

§ 25

(1) This trade is free trade to justify the exercise of activities for the operation of this Act does not require proof of professional or other qualification. To obtain a trade license for free trade must be met in general (§ 6 § 1).

(2) unqualified trades and fields of activities that belong to free trade are listed in Annex 4 to this Act.

 

TITLE II

Trades

§ 26

Trades are trades listed in Annex 3 to this Act.

 

§ 27a

Qualifications and conditions of a trade

 

(1) Professional qualifications for licensed trades is given in Annex 3 to this Act or is regulated by specific legislation in this Annex.

(2) Citizens of the Czech Republic or another EU Member State can demonstrate professional competence certificate of recognition of professional qualifications issued by the recognition authority in accordance with the law on recognition of professional qualifications.

(3) The Trade Licensing Office or changes the business conditions of a trade under this Act or under special legislation.

 

PART THREE

Scope of business license

§ 28

 

(1) Scope of business license (the “scope of authorization”) shall be assessed according to the business activities in the statement with regard to the provisions of this section. Business license for the performance of free trade allows to perform the activities listed in Annex 4 to this Act.

(2) If a trade in accordance with Annexes 2 and 3 bound to a document issued by a special body under a special law, the scope of a trade license defined by that document.

(3) In case of doubt on the extent of the authorization decision at the request of business trade licensing office.

 

§ 29

(Repealed by Act No. 356/1999 Coll.)

 

§ 30

canceled

 

§ 31

Obligations of enterprises

 

(1) A contractor who operates a business through a responsible representative (§ 11) is required to ensure its participation in a trade to the extent needed.

(2) An entrepreneur is obliged to visibly mark the business name or name, or the name and surname of the person’s identification number, if assigned, the object on which it is located, if different from residence (§ 5 para. 2), and foreign person organizational unit of the race, if established. The entrepreneur is obliged to request the Trade Licensing Office to prove the legal justification for the use of the space in which it has in the Czech Republic and the seat of foreign person organizational unit of the plant. The entrepreneur does not need to prove legal grounds for the use of the premises in which the Czech Republic has its seat, if the seat is identical to your residence (§ 5 para. 2), except that the residence registration office at the address 53), a special register 53) or at the registered office of the administrative body 54), which officially abolished the figure on the place of residence in the Czech Republic.

(3) The entrepreneur is obliged to prove supervisory authority on request and by the time the way the acquisition of goods sold or material used to provide services.

(4) The entrepreneur is obliged, in the case of purchase of used goods or goods without proof of acquisition of cultural monuments or objects of cultural value, acceptance of this product mediation or to pledge its purchase or acceptance of a pledge, before the conclusion of the contract to identify its participants pursuant to the Act on some measures against money laundering and terrorist financing and the subject of the contract, keep records of these facts, including the date of conclusion of this contract. These records shall be available at the premises in which to identify and place where the goods are located.

(5) identification of the subject contract for the purposes of this Act, a finding the name of the product, brand and serial number, if listed on the product, or a brief product description, sufficient to enable its identification.

(6) identification data in accordance with paragraphs 4 and 5 of the entrepreneur is obliged to record and maintain for a period of 5 years from the date of the contract.

(7) If a party refuses to submit the contract identification, or if not possible to identify the subject of the contract, the entrepreneur can not buy goods, take him to convey his pledge or purchase.

(8) The entrepreneur is obliged to ensure that the premises for the sale of goods or services to consumers at the time of sale or service intended for contact with consumers who fulfilled the conditions present knowledge of Czech or Slovak language. If the Licensing Authority in doubt, may examine the fulfillment of this condition interview, during which assesses whether the person is able to fluently and linguistically respond to questions related to common situations of daily life and business and whether it is able to verbally communicate the contents of the text of the daily press.

(9) The entrepreneur is responsible for ensuring that its employees have demonstrated compliance with the conditions of integrity if this Act or special regulation condition requires integrity of employees.

(10) Entrepreneur and individuals engaged in activity that is the subject of trade or persons acting on their behalf and responsible representative of the employees are required to prove the identity of the Licensing Office.

( 11) If the entrepreneur shall notify the Licensing Office interruption of trade, trade operation is interrupted on the day of receipt of notice of the interruption of trade trade licensing office or a later date specified in the notice and ending on the date specified in the notice , if the business license limited in time , can operate suspend trade for a maximum duration of this authorization. During the interruption of trade with the businesses subject to the obligations imposed by this Act , in addition to the obligations set out in paragraph 2 , concerning the designation of the building in which it is established or an organizational unit of the race, the obligations set out in paragraphs 9 and 17, § 17, paragraph 4 and 8 from fulfilling the conditions of professional or other competence , if the Act or regulations by requiring trades .

(12) Continuation of a trade before the expiry of the period for which a trade has been suspended pursuant to paragraph 11, the entrepreneur is obliged to advance the trade licensing office in writing. In a trade can be resumed at the earliest on receipt of the notice of continuation of a trade or the trade office later date specified in the notice.

(13) On the basis of a notification under paragraphs 11 and 12 of the Trade Licensing Office shall enter such fact in the trade register and the entry into the register informs entrepreneurs.

(14) The entrepreneur is required to give evidence at the request of the customer for the sale of goods and provision of services. The document must be labeled entrepreneur business name, or the name or name and surname, and personal identification number, if assigned, date of sale of goods or services, commodity or service and price, unless a special law provides otherwise.

(15) The entrepreneur is obliged to request a trade office to tell whether the business operates, and submit documents proving the operation of the trade.

(16 ) The entrepreneur is obliged by the date of closure of the premises to notify the Licensing Office , on what can be settled at any of its obligations. The entrepreneur is also obliged to report any change of address by the first sentence of 4 years from the date of closure of the establishment. The address for the settlement of liabilities can not be the address of residence of the entrepreneur , in the case of registered address of the registration office 53) , a special register 53) or the registered address of the administrative body 54 ), this does not apply if the entrepreneur can establish a legitimate reason for the use of the premises at the following addresses .

(17) The entrepreneur is responsible for ensuring that its employees meet the eligibility for the job stipulated by special legislation, knowledge of safety rules and regulations governing the protection of public health. If required by the nature of the work or other activities, and is responsible for ensuring that employees repeatedly participate in inspections in accordance with special legislation. 33)

(18) Business, which prepares young people to the profession, he is obliged to comply with specific legislation. 23d)

(19) The entrepreneur is obliged to follow a trade obligations under this Act and special legislation.

 

§ 32

repealed by Law No. 167/2004 Coll.

 

§ 33

repealed by Act No. 130/2008 Coll.

 

Extent of approval

§ 34

 

(1) operating a business entrepreneur who is in business, is entitled, maintains the nature of trade, as well

  1. a) the lease of goods,
  2. b) conveying the purchase and sale of goods in individual cases
  3. c) make minor changes to the goods, goods which adapts to the needs of the buyer at his request,
  4. d) to carry out assembly of goods delivered to the customer, if it can be done with simple operations without special expertise,
  5. e) to exchange defective parts of delivered goods, if it can be done easily without any special expertise.

(2) The entrepreneur is also authorized to service the goods delivered, provided that this use of competent persons.

(3) If the activities referred to in paragraphs 1 and 2 concession, the entrepreneur is only if the concession.

(4) The entrepreneur has the right to receive orders for manufacturing, processing or packaging of goods, which the sale is approved, and put these to work authorized by the manufacturer.

 

§ 35

(Repealed by Act No. 356/1999 Coll.)

 

§ 36

(Repealed by Act No. 356/1999 Coll.)

 

§ 37

(Repealed by Act No. 356/1999 Coll.)

 

§ 38

canceled

 

§ 39

canceled

 

§ 40

canceled

 

§ 41

(Repealed)

 

§ 42

 

(1) entrepreneur operating a business involving the production activity has the right under a trade license to produce products and sell and repair, maintains the nature of trade.

(2) The entrepreneur has the right to:

  1. a) purchase for resale and sell products of other manufacturers and accessories, if the same kind as the products of own production, or in individual cases to mediate the sale of foreign products and accessories,
  2. b) to manufacture and print packaging, labels and other auxiliary means for the sale of products produced,
  3. c) to charter its own products and manufacture products of other manufacturers of the same species, as well as accessories,
  4. d) to perform installation, adjustment and maintenance products.

(3) Purchase, sale, rental and sales brokerage of foreign products under subsection 2. a) and c) can be performed only to the extent in which the preserved nature of the manufacturing business.

 

§ 43

 

The provisions of § 42 paragraph 2 and 3 shall apply mutatis mutandis to an entrepreneur who runs a business in which it provides repair or maintenance, carriage of persons or things, accommodation, catering services, pawnshops and other work activities and performance to satisfy other needs remain- If maintaining the business.

 

§ 44

 

Entrepreneur authorized to transport passengers and goods may carry out activities related to ensuring the safety and passenger comfort, translate, store and package shipment, storage, and operate to provide hospitality in vehicles.

 

PART FOUR

ESTABLISHMENT, AMENDMENT AND TERMINATION OF AUTHORITY TRADE, TRADE INDEX

TITLE I

Reporting of trades

§ 45

 

(1) Natural or legal person who intends to carry on business reporting, it is obliged to notify the trade licensing office.

(2) A natural person shall in the notification

and ) the name and surname or company name , country of citizenship , residence ( name of the village , its parts , street name , house number or registration , or approximate number , zip code ) , social security number , if allocated , date of birth, place birth (town, county , state) and maiden name,

  1. b) the responsible representative of the data referred to in the provisions of subparagraph a) similarly, operates the business through its people,

c ) a foreign individual name, or business name, identification number, if assigned , date of birth , as well as residence outside the Czech Republic, place of residence in the Czech Republic (if enabled ), name and location of a branch factory in Czech Republic (the name of the village , its parts, street name , house number or registration , or approximate number, postal code ) and the information referred to in point a) on the head of a branch factory 36a ) (except maiden name and information on the place of birth ) . If the authorized representative or the head of the organizational unit plant person residing outside the Czech Republic , will also state the place of residence in the Czech Republic , where he was allowed to stay ,

d ) location ( name of the village , its parts, street name , house number or registration , or approximate number, postal code )

  1. e) subject to the definition of business referred to in paragraph 4, any additional information relating to the scope of trade license,
  2. f) identification number, if assigned,
  3. g) the establishment or premises where a trade is initiated immediately after the trade license, with the exception of mobile establishments and vending machines
  4. h) the period of authorized stay, if it is a person covered by the obligation of legal residence pursuant to § 5, paragraph 5,
  5. i) degree or academic title of the persons referred to in subparagraphs a) to c) entered in the ID card under the Act on Identity Cards (hereinafter referred to as “degree or scientific title”) if it is to be used in a trade,

j ) any requirement to automatically change the address of its registered office at home.

(3) A legal person shall in the notification

  1. a) the company name, registered office (municipality, town, street name, house number or registration, or approximate number, postal code), for a natural person or natural persons who are its statutory body or its members or a person authorized to represent the legal entity which is a statutory body, the full name, social security number, if assigned, date of birth, domicile or residence address in the Czech Republic, if permitted, and a legal entity which is the statutory body, business or name, residence (municipality, town, street name, house number or registration, or an indicative number, postal code) and identification number, if assigned,
  2. b) the responsible representative of the data referred to in paragraph 2, point. a) similarly, operates the business through its people,

c ) identification and location of a branch plant in the Czech Republic and the information referred to in paragraph 2 . a) relating to the branch manager závodu 36a ) (except maiden name and information on the place of birth ) , in the case of a foreign legal person. If the authorized representative or the head of the organizational unit plant person residing outside the Czech Republic , will also state the place of residence in the Czech Republic , where he was allowed to stay ,

  1. d) identification number, if assigned,
  2. e) subject to the definition of business referred to in paragraph 4, any additional information relating to the scope of trade license,
  3. f) the establishment or premises where a trade is initiated immediately after the trade license, with the exception of mobile establishments and vending machines
  4. g) degree or academic title of the persons referred to in subparagraphs a) to c) if a trade will be in use.

(4) the declarant is required to define the scope of business referred to in the notice with reasonable certainty and clarity. The announcement of free trade fields indicate the reporter activity, which will be part of their business to perform. Line of business free trade must be reported in accordance with a trade activity specified in Annex 4 to this Act. Line of business vocational and professional trades must be reported in accordance with Annexes 1 and 2 to this Act in full or in part.

(5) The data presented in accordance with paragraphs 2 and 3, the reporter is not required to state if they are then recorded in the Trade Register, with the exception of identification data.

 

§ 45a

 

(1) A natural person may, with the announcement of a trade or an application for a license to trade office also

  1. a) submit an application for registration or notification for tax, provided it has no legal duty to make such tax filing electronically,
  2. b) announce the launch of self-employment under the law regulating the organization and implementation of social security,
  3. c) submit an application for pension insurance
  4. d) submit an application for health insurance,
  5. e) announce the creation of the vacancy or occupancy,
  6. f) submit a notification pursuant to the Act on public health insurance.

(2) A legal person may, with the announcement of a trade or an application for a license to trade office also

  1. a) submit an application for registration or notification for tax, provided it has no legal duty to make such tax filing electronically,
  2. b) announce the creation of the vacancy or occupancy.

(3) Notification of a trade or an application for a license shall be submitted on a form issued by the Ministry of Industry and Trade. Data pursuant to paragraph 1. a) and under paragraph 2. a) shall be made on a form issued by the Ministry of Finance.

(4) Trade Licensing Office shall transmit the relevant tax authority data obtained pursuant to paragraph 1. a) and pursuant to paragraph 2. a) the competent authority social security data obtained pursuant to paragraph 1. b) to d), the Labour Office of the Czech Republic – the relevant regional office and the capital city of Prague branch of the City of Prague data pursuant to paragraph 1. e) and pursuant to paragraph 2. b) a competent health insurance company data obtained pursuant to paragraph 1. f).

(5) The entrepreneur may, at the Trade Licensing Office within the period stipulated by special legislation also notify change of information contained in applications or notifications under paragraphs 1 and 2 and contained on a form pursuant to paragraph 3

(6) Data under the preceding paragraphs, including notification of any amendments, the Trade Licensing Office shall transmit to the competent authorities within 5 working days, this period begins on the date of business license or the date on which notification of defects have been removed or reported change. These data can be transmitted in electronic form, also in a manner allowing remote access.

 

§ 46

 

(1) An individual joins the announcement, unless the law provides otherwise,

  1. a) is a citizen of a state other than the Czech Republic, an extract from the criminal records or an equivalent document issued by a competent judicial or administrative authority of the State or the Member State whence they came, or an extract from the Criminal Records Annex 25b) containing information that is entered in the the criminal records of the Member State of which he is a citizen or a Member State whence they came; if the Member State whence the Czech Republic, proceed according to § 6 para. 3 second sentence. Does not issue such State excerpt from criminal records or equivalent document, submit an individual declaration of irreproachable character made before a notary or other competent authority of the Member State of which he is a citizen, a notary or other competent authority of the Member State of last residence. These documents must not be older than 3 months; evidence under this paragraph may be replaced by a certificate of professional qualification if proving the fulfillment of the conditions of integrity,
  2. b) If the State does not issue referred to in subparagraph a) an extract from the criminal records or an equivalent document, an affidavit made before a notary public or other competent authority of that State that there is no obstacle in her pursuit of trade pursuant to § 8. 5; These documents must not be older than 3 months

c ) If the responsible representative citizen of a Member State of the European Union , the documents referred to in subparagraph a) , is the responsible representative citizen of a country other than a Member State of the European Union and in the absence of the territory of the Czech Republic granted permanent residence , the documents referred to in point b ) ; these documents must not be older than three months ,

  1. d) a document proving the professional competence or qualifications of the responsible representative, if the law requires it,

e ) if a foreign natural person , proof of residence , if it follows this obligation of § 5, paragraph 5; foreign natural person established in the Czech Republic organizational unit of the plant, proof that he has this race outside of the Czech Republic and evidence of its operation ; evidence on the operation of the plant does not substantiate citizen of a member state of the European Union ,

f ) proof of legal justification for the use of space in which placed the seat , if different from his residence (§ 5, paragraph 2 ) , or if he resides at the address of the registration office 53) , a special register 53) or at the address administrative body 54) , or into which was placed in the Czech Republic organizational unit of a foreign person race , due to the legal justification for the use of the premises sufficient written statement of the owner of property, residential or non-residential premises where the premises are located, that agrees with the location ,

  1. g) a statement by a responsible representative that he agrees with the provisions of the function, the signature on the declaration must be certified, has done the responsible representative of the declaration in person before the Trade Licensing Office,
  2. h) proof of payment of the administrative fee under special legislation 36i).

(2) A legal person joins the announcement

  1. a) it is a legal person established in the territory of another Member State of the European Union , an extract from the judicial record or equivalent document issued by a competent judicial or administrative authority of the State , proving that there is no obstacle in her pursuit of a trade pursuant to § 8 paragraph 5; these documents must not be older than three months ,