What is Act No. 130 / 2008 Coll.?

Act No. 130 / 2008 Coll., amending Act No. 455 / 1991 Coll., on Business Enterprise (Trade Act), as amended, and other related laws — Act amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and other related laws.

When it became Act No. 130 / 2008 Coll. effectiveness?

Act No. 130 / 2008 Coll. became effective 01.07.2008.

Is Act No. 130 / 2008 Coll. still valid?

Yes, Act No. 130 / 2008 Coll. is still valid and effective.

How many times was it Act No. 130 / 2008 Coll. amended?

Act No. 130 / 2008 Coll. has 5 time versions of the text.

Act No. 130 / 2008 Coll. - Act amending Act No. 455 / 1991 Coll., o...

130

THE LAW

of 20 March 2008

amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Trade Act

Čl. I

Act No. 1 / 2006, Act No. 1 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 6 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 6 / 2006, Act No. 6 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 6 / 2004, Act No. 6 / 2004, Act No. 6 / 2004, Act No. 5 / 2006, Act No. 6 / 2004, Act No. 6 / 2004, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 5, Act No. 5, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6, Act No. 6, Act No 2006, Act No. 6, Act No. 6, Act No. 2006, Act No. 2006, Act No. 2006, No 2006, No 2006, Act No. 2006, No 2006, No 2006, Act No. 2006, No. 6, No. 2006,

1. in Paragraph 3 (2) (b), "bailout" is replaced by "bailout."

2. in Paragraph 3 (3) (x), including footnote 23g, the following shall be deleted:

The letters y) to af) shall be marked as "x) to" ae. "

3. in Paragraph 3 (3) (ag) with the text "provision of social services under special legislation 23p)" shall be renumbered as (af).

4. In Article 3 (3), at the end of (af), the dot is replaced by a comma and (ag) is replaced by:

"(ag) the activity of authorised persons authorised to verify the achievement of the professional competence required to obtain a sub-qualification under the Specific Act 23q),";

Footnote 23q reads:

"23q) Act No. 179 / 2006 Coll., on the verification and recognition of the results of continuing education and on the amendment of certain laws (Act on the Recognition of the Results of Continuing Education). '.

5. In Article 3, the following point (ah) is added at the end of paragraph 3:

"(ah) rental of real estate, flats and non-residential premises."

6. Article 4 shall be deleted;

7. Paragraph 5 (6) reads as follows:

"(6) A natural person to whom asylum or supplementary protection has been granted and his family members may engage in trade under the same conditions as the Czech person."

footnote 25 is deleted, including the footnote reference.

8. In Article 5, paragraph 7 is deleted.

9. Paragraph 6 (2), including footnote 25a, reads as follows:

"(2) For the purposes of this law, a person who has been convicted of a final sentence shall not be deemed to be righteous.

(a) for an offence committed intentionally, whether alone or in the run-up to other offences, and has been subjected to an unconditional prison sentence of at least one year; or

(b) for an offence committed intentionally not covered by point (a) where the offence has been committed in connection with a business;

if he is not looked at as if he is not condemned 25a).

25a) For example, § 60, 60a, 70 of the penal law. '

10.Paragraph 6 (3), including footnote 25b, reads as follows:

"(3) The integrity shall be established by an extract from the record of the Register of Penalties, the documents referred to in Article 46 (1) (a) or (b) for foreign natural persons. The Trade Office shall be entitled to obtain an extract from the Register of Penalties register under special legislation 25b). An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.

25b) Act No. 269 / 1994 Coll., on the Register of Penalties, as amended. '

11. in Article 7, the following paragraphs 4 and 5 are inserted after paragraph 3, including footnote 25c:

"(4) For the purposes of this Act, where professional experience is required within the scope of professional competence, it shall mean the pursuit of professional activities belonging to the business or related business of a self-employed person in the business or in a related business, by a person entrusted with the management of an undertaking or an organisational component of an undertaking, by a responsible agent, by a person directly responsible for the management of an activity which is the subject of the business or by a person engaged in separate professional work corresponding to that of a business in a professional relationship, a service, a member or similar relationship (hereinafter referred to as" employment relationship '). Sectors using the same or similar working practices and expertise shall be considered related.

(5) A citizen of the Czech Republic or another Member State of the European Union may also prove professional qualifications certifying that he has carried out the activity in question in another Member State of the European Union.

(a) for a period of six consecutive years as a self-employed person or as a manager, the pursuit of an activity may not be completed more than 10 years before the declaration of trade or the submission of an application for a concession;

(b) for three consecutive years as a self-employed person or as a leader, if he holds evidence of formal qualifications awarded or recognised by the competent authority or body of a Member State and certifying at least three years' education and training which he has been trained to carry out the activity in question in the Member State of origin;

(c) for a period of 4 consecutive years as a self-employed person or as a leader, if he holds evidence of formal qualifications awarded or recognised by the competent authority or institution of a Member State and certifying at least two years' education and training which he has been trained to carry out the activity in question in the Member State of origin;

(d) for 3 consecutive years as a self-employed person, if he proves that he has pursued the activity in question for at least 5 years in an employment relationship, the pursuit of the activity may not be completed more than 10 years before the declaration of trade or the submission of an application for a concession;

(e) for a period of five consecutive years in a management position, of which at least three years in professional capacity, responsible for at least one division of the holding, if he holds evidence of formal qualifications awarded or recognised by the competent authority or body of a Member State and certifying at least three years of education and training which he has been trained to carry out the activity in question in the Member State of origin;

(f) for a period of five consecutive years as a self-employed person or as a manager, the pursuit of the activity shall not be completed more than 10 years before the declaration of trade or the submission of an application for a concession;

(g) for 3 consecutive years as a self-employed person or as a manager, if he proves that he has pursued the activity in question for at least 5 years in an employment relationship, the pursuit of the activity may not be completed more than 10 years before the declaration of trade or the submission of a licence application;

(h) for a period of five consecutive years in an employment relationship, where he holds evidence of formal qualifications awarded or recognised by the competent authority or body of a Member State and certifying at least three years of education and training which he has been trained to carry out the activity in question in the Member State of origin;

(i) for a period of six consecutive years in an employment relationship, where he holds evidence of formal qualifications awarded or recognised by the competent authority or body of a Member State and certifying at least two years of education and training which he has been trained to carry out the activity in question in the Member State of origin;

(j) for 3 consecutive years as a self-employed person or as a manager, the pursuit of an activity may not be completed more than 10 years before the declaration of trade or the submission of an application for a concession;

(k) for two consecutive years as a self-employed person or as a leader, if he holds evidence of formal qualifications awarded or recognised by the competent authority or body of a Member State and certifying the education and training which he has been trained to carry out the activity in question in the Member State of origin;

(l) for 2 consecutive years as a self-employed person or in a management capacity, if he proves that he has pursued the activity in question for at least 3 years in an employment relationship, the pursuit of the activity must not be completed more than 10 years before the declaration of trade or the submission of a licence application; or

(m) for a period of 3 consecutive years in an employment relationship, where he holds evidence of formal qualifications awarded or recognised by the competent authority or body of a Member State and certifying the education and training which he has been trained to carry out the activity in question in the Member State of origin;

where Article 21 (2) so provides for the craft trades listed in Annex 1 to this Act or for the individual tied or licensed trades of Annex 2 or 3 thereto; the law on the recognition of professional qualifications (25c) applies when assessing competence.

25c) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other competence of nationals of Member States of the European Union and amending certain laws (Act on the Recognition of Professional Qualifications), as amended. '

Paragraph 4 shall become paragraph 6.

footnote 25c shall be renumbered footnote 25d, including the footnote reference.

12. in Article 7 (6), the words "the Government Regulation issued pursuant to Article 73a (2)" shall be replaced by the words "Annex 5 to this Act" and the words "this Regulation provides for 25a)" shall be replaced by the words "they are set out in this Annex" and after the first sentence, the words "Specific legislation establishing the professional competence of natural persons for the pursuit of a particular trade is inserted."

13. Article 7a is deleted.

14. Paragraph 8 (2) reads:

"(2) The livelihood cannot be exercised by a natural or legal person for a period of 3 years from the legal authority of the decision to reject the insolvency application because the property of the debtor will not be sufficient to cover the costs of the insolvency proceedings. Furthermore, a natural or legal person may not exercise the right of action for a period of 3 years from the legal authority of the decision to cancel the bankruptcy because the debtor's assets are not sufficient to satisfy the creditors. If the bankruptcy has been cancelled for another reason, the obstacle to the pursuit of the business referred to in paragraph 1 shall be dismissed by the decision to cancel the bankruptcy. The trade office may waive the obstacle referred to in the first or second sentence if the debtor proves that the conditions for the proper performance of business duties and for the proper performance of financial obligations are fulfilled. ';

15. Paragraph 8 (5) reads:

"(5) A natural person who has been subjected by a court or administrative authority to a penalty or penalty for the prohibition of an activity relating to the pursuit of a business in a branch or a related branch (Section 7 (4)) may not, for the duration of that prohibition, operate that business. In the case of free trade, that person may not engage in free trade activities subject to a penalty or penalty for the prohibition of activity for the duration of that prohibition; the conduct of other business activities free of charge shall remain unaffected. ';

16. In Article 8, paragraph 6 is added:

"(6) An entrepreneur whose trade licence has been revoked pursuant to § 58 (2) to (4) may not operate. An entrepreneur may declare a reporting activity or apply for a concession in a branch or a related branch not earlier than 3 years after the legal authority of the decision to revoke the business licence; This does not apply when the trade licence is revoked under Paragraph 58 (3) of the last sentence. An application for a concession in another field may be submitted by the entrepreneur at the earliest one year after the legal power of the decision to revoke the business licence. '

17. in Article 10 (1), in the introductory part of the provision, "paragraph 8" is replaced by "paragraph 5."

18. in Paragraph 10 (1) (a), "§ 47 (6) second sentence and § 47 (7)" shall be replaced by "§ 47 (5) second sentence and § 47 (6)";

19. Paragraph 10 (3) reads:

"(3) Businessman proves his business license

(a) an extract from the trade register with the particulars referred to in Article 60 (4) (a), (b) or (c) (hereinafter referred to as the extract);

(b) pending the issue of the extract by means of a copy of the declaration with evidence of service to the trade office, including through a public administration contact point (28c) or by a final decision granting the concession.

footnote 28c is replaced by the following:

"28c) § 8a of Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws."

20. Paragraph 10 (4) and (5), including footnote 28, read:

"(4) The Trade Office shall confirm compliance with the conditions for the pursuit of the trade by issuing an extract to foreign natural persons who are not nationals of the Member States of the European Union, or to the founders or, where appropriate, to the authorities or persons authorised to apply for registration of a Czech legal person in a commercial or similar register, if it is established that a legal person has been established, or to foreign legal persons; from the date of receipt of the extract, the deadline for the submission of the application for registration in the Commercial Register under the Commercial Code 28 shall begin).

(5) The persons referred to in paragraph 4 shall be authorised to trade on the date on which they are entered in a commercial or similar register. If they do not submit an application for registration within 90 days of the date of receipt of the extract or if the application is not complied with, the trade office shall decide that the declarant has not complied with the conditions for the establishment of the trade authorisation.

28) § 62 of the Commercial Code. '

21. In Paragraph 10, paragraphs 6 to 8 are deleted.

Paragraphs 9 and 10 shall become paragraphs 6 and 7.

22. Paragraph 10 (7) is deleted.

23. In Paragraph 11 (1), the third sentence is deleted and the word "two 'is replaced by the word" four'.

24. in Article 11 (4) (a) and (b), the words "unless it is an industrial activity" shall be deleted;

25. In Paragraph 11 (5), the words "competent pursuant to Paragraph 45" shall be deleted, the sentences of the second and third shall be replaced by the words "If the person responsible himself notifies the office that he has informed the entrepreneur in advance of the termination of his duties in writing." The words "30 days after" shall be replaced by the words "date" and the words "if the trader has not notified the trade office of the provisions of another agent before the expiry of that period" shall be deleted.

26. In Paragraph 11 (7), the words "competent pursuant to Paragraph 50 'shall be deleted, the sentences of the fourth and fifth sentences shall be replaced by the words" If a representative himself notifies that he has informed the entrepreneur in advance of the termination of his duties in writing.'; the words "the 30th day after 'shall be replaced by the words" the date' and the words "the trade office of another representative has not approved before the expiry of that period 'shall be deleted.

27. in Article 11 (8), the words "business authorisation suspended" are replaced by the words "business operation suspended."

28. In Article 13 (4), the words "which were last locally competent (§ 45 (1), § 50 (1)) for the deceased 'are deleted and the second sentence is replaced by the words" The Office of Trade shall record these persons in the Trade Register and issue an extract for them, stating that in this case the trade licence shall be valid for a limited period of 6 months from the end of the succession proceedings; that fact shall also appear in the extract.';

29. In Paragraph 14, the words "or" shall be replaced by a comma 'shall be inserted after the words "to one partner', the words" or to divide the company by segregation 'shall be inserted after the words "may the successor', the words" which does not yet have the relevant trade authorisation 'shall be replaced by the words "or the acquisition of legal authority by a decision authorising the registration of the company by segregation in a commercial register' and the words" paragraph 6, § 47 (7) 'shall be replaced by the words "paragraph 5 and 6'.

30. Article 16 shall be deleted, including the title.

31.

„§ 17

(1) An establishment for the purposes of this Act means the area in which the business is carried out. An automatic or similar device for the sale of goods or services (hereinafter referred to as "automatic ') and a mobile establishment shall be considered an establishment.

(2) The mobile establishment is an establishment which is reportable and is not located in one place for more than three months.

(3) Nutrition may be operated in several establishments where the entrepreneur has a right of ownership or use. At the request of the trade office, the entrepreneur shall demonstrate the right of ownership or use to the premises or rooms of the establishment; This does not apply to mobile plants and vending machines. For mobile establishments, the entrepreneur shall, at the request of the trade office, demonstrate the legitimacy of the location of the establishment. If the establishment is located in the apartment and if the entrepreneur is not the owner of the apartment, it may only engage in the business with the consent of the owner. The entrepreneur shall notify the trade office in advance of the commencement and termination of the business in the establishment; This does not apply to the start of the business in an establishment which is indicated in the business declaration referred to in § 45 (2) (g) and § 45 (3) (f) or in the licence application referred to in § 50 and for automata and mobile facilities. The information referred to in paragraph 5 shall be provided by the trader in the notification.

(4) The entrepreneur shall ensure that the establishment is fit for business under special legislation29b) and properly identified. For each establishment, the person responsible for the operation of the establishment must be designated; That doesn't apply to vending machines.

(5) In the notification referred to in paragraph 3, the trader shall indicate:

(a) a business name or name or surname;

(b) an identification number, if assigned,

(c) registered office or permanent residence or, where appropriate, place of business; foreign person, the address of residence in the Czech Republic, if allowed, and the location of the organizational component of the enterprise in the Czech Republic, if established,

(d) the address of the establishment and subject matter of business in that establishment, in the case of the business, the free field of activity;

(e) the date of commencement (termination) of the business in the establishment.

(6) The trade office which receives the notification referred to in paragraph 3 shall enter the establishment in the trade register and inform the entrepreneur of the entry made.

(7) The establishment must be permanently and visibly marked from the outside by a trading firm or by the name or name and surname of the entrepreneur and his identification number, if assigned. The mobile establishment and the automatic device shall also be marked with an indication of the registered office or place of business or the address at which the organisational component of the foreign person is located.

(8) An establishment intended for the sale of goods or services to consumers 29c) must also be permanently and visibly marked from the outside

(a) the name and surname of the person responsible for the operation of the establishment, with the exception of automatic machines;

(b) the time of sale or of sale intended to come into contact with the consumer, in the absence of a mobile establishment or a machine;

(c) categories and classes of accommodation providing transitional accommodation.

(9) At the closure of the establishment referred to in paragraph 8, the entrepreneur shall, unless there are serious reasons for doing so, indicate in advance, at an appropriate and visible place, the beginning and end of the closure, with the exception of mobile facilities and vending machines.

(10) An entrepreneur may sell goods or provide services if the sale of goods or the provision of services does not require a concession by means of vending machines operated by the consumer. The sale of goods or the provision of services by means of vending machines must not allow certain types of goods to be acquired by persons protected by special legislation29e).

29b) For example Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act).

29c) Act No. 634 / 1992 Coll., on Consumer Protection, as amended.

29e) For example, Act No 79 / 2005 Coll., on measures to protect against damage caused by tobacco products, alcohol and other addictive substances and on amending related laws. '

Footnotes 29e and 29f are renumbered as footnotes 29f and 29g, including references to these footnotes.

32. The second part, including the headings and footnotes No 30, 30a, 31 and 31a shall read as follows:

„ČÁST DRUHÁ

SPECIES OF LIFE

HLAVA I

LIVES OF NOTIFICATION

§ 19

Reporting activities are:

(a) trade in craft, provided that the professional competence referred to in paragraphs 21 and 22 is a condition for the pursuit of the trade;

(b) trades linked, provided that the professional competence listed in Annex 2 to this law is a condition for the pursuit of the business, unless otherwise specified,

(c) free trade for which professional competence is not specified as a condition for the pursuit of the trade.

Díl 1

Crafts

§ 20

Trademarks are those listed in Annex 1 to this Act.

Professional competence

§ 21

(1) The professional competence of the craft business is demonstrated by evidence of:

(a) the proper completion of secondary education with a list30) in the relevant field of education;

(b) a proper completion of secondary education with a graduate examination (31) in the relevant field of education or with training subjects in the relevant field;

(c) the proper completion of higher vocational education31) in the relevant field of education;

(d) the proper completion of higher education31a) in the relevant field of study programmes and studies; or

(e) recognition of professional qualifications issued by the recognition body under the Law on the Recognition of Professional Qualification25c);

(f) verification or recognition of the full qualification achieved for the relevant field under the Law on the Recognition of Results of Further Education23q).

(2) A citizen of the Czech Republic or of another Member State of the European Union may also demonstrate professional competence

(a) for the trades listed in Part A of Annex 1 to this Act, the documents referred to in Article 7 (5) (b), (c) or (e);

(b) for the trades listed in Part B of Annex 1 to this Act, the documents referred to in Article 7 (5) (b), (c), (f) or (h); or

(c) for the trades listed in Part C of Annex 1 to this Act, the documents referred to in Article 7 (5) (j), (k), (l) or (m).

§ 22

Documents proving professional competence under Section 21 may be replaced by evidence of:

(a) the proper completion of secondary education with a list30) in the related field of education and evidence of the performance of one year's experience in the field;

(b) a proper completion of secondary education with a graduate examination (31) in a related field of education and evidence of the performance of one year's experience in the field;

(c) the proper completion of higher vocational education31) in the related field of education and evidence of the performance of one year's experience in the field;

(d) the proper completion of higher education31a) in the relevant related field of study programmes and studies;

(e) the proper completion of retraining 30a) for the relevant work activity, issued by an establishment accredited under specific legislation, or by an establishment accredited by the Ministry of Education, Youth and Sports, or by the Ministry within whose jurisdiction the sector in which the business is carried out and by evidence of one year's experience in the field; or

(f) carrying out six years' experience in the field.

Díl 2

Lifestyle

§ 23

Bound-to-life are those listed in Annex 2 to this Act.

§ 24

Professional competence

(1) The professional competence of tied trades is laid down in Annex 2 to this Act or is governed by the specific legislation referred to in this Annex.

(2) A citizen of the Czech Republic or of another Member State of the European Union can prove professional competence by means of evidence of recognition of professional qualifications issued by a recognition body under the law on the recognition of professional qualifications.

Díl 3

Effort free

§ 25

(1) The free livelihood is a trade which entitles the pursuit of activities for which the Law does not require the demonstration of professional or other competence. General conditions must be fulfilled in order to obtain a free trade licence (Section 6 (1)).

(2) The free livelihood and the scope of the activities belonging to the free trade are set out in Annex 4 to this Act.

HLAVA II

LIVES CONCESTED

§ 26

The activities licensed are those listed in Annex 3 to this Act.

§ 27

Professional competence and business conditions

(1) The professional competence of the licensed trade is laid down in Annex 3 to this Act or is governed by the specific legislation listed in this Annex.

(2) A citizen of the Czech Republic or of another Member State of the European Union can prove professional competence by means of evidence of recognition of professional qualifications issued by a recognition body under the law on the recognition of professional qualifications.

(3) The Trade Office shall determine or amend the terms and conditions of the trade on the basis of this Act or on the basis of specific legislation.

30) For example Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended, Decree of the Ministry of Education of the Czech Republic No. 31 / 1987 Coll., on Termination of Secondary Schools and on Termination of Training in Special Voices, Decree of the Ministry of Education, Youth and Sports of the Czech Republic No. 354 / 1991 Coll., on Secondary Schools, as amended, Act No. 561 / 2004 Coll., on Pre-school, Primary, Secondary, Higher Vocational and Other Education (Education Act), as amended.

30a) Decree No. 21 / 1991 Coll., on the closer conditions for ensuring the requalification of jobseekers and employees, as amended by Decree No. 324 / 1992 Coll. Decree No. 524 / 2004 Coll., on the accreditation of equipment for the re-qualification of jobseekers and jobseekers.

31) For example Act No. 29 / 1984 Coll., as amended, Act No. 561 / 2004 Coll., as amended.

31a) Articles 45, 46 and 98 (1) of Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education), as amended. '

33.Paragraph 28 (1) reads as follows:

"(1) The scope of the trade licence (hereinafter referred to as the scope of the licence) shall be assessed according to the subject matter of the business indicated in the extract, taking into account the provisions of this Part. The commercial right to exercise the business freely entitles the activities listed in Annex 4 to this Act. '

34. in Paragraph 31 (2), the words "for the purposes of service of documents referred to in paragraph 16" shall be deleted;

35. in Article 31 (12), the second sentence shall be deleted and the words "the life is interrupted" shall be replaced by the words "the business is interrupted."

36. in Paragraph 31 (14):

"(14) On the basis of the notification referred to in paragraphs 12 and 13, the trade mark office shall register these facts and inform the entrepreneur of the entry made. ';

37. in Paragraph 31, paragraphs 15 and 16 are deleted;

Paragraphs 17 to 21 shall become paragraphs 15 to 19.

Article 38 (33) is deleted;

39. In Paragraph 34 (1), "retail or wholesale 'is replaced by" commercial activities';

40. in Paragraph 34 (1), the words "at his request" shall be added at the end of the text of point (c).

Citation	Act No. 130 / 2008 Coll., amending Act No. 455 / 1991 Coll., on Business Enterprise (Trade Act), as amended, and other related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	17.04.2008
Effective from	01.07.2008
Effective until	-
Status	Valid

Act No. 130 / 2008 Coll.

Act amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and other related laws

Contents