Act No. 140 / 2014 Coll.
Act amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended
Valid
Effective from 01.01.2015
140
THE LAW
of 18 June 2014
amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 1 / 2006, 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. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1996 Coll.
1. In Article 5 (2), the words "permanent residence in its territory. 24) 'are replaced by" permanent residence in its territory 24b), 38e).';
footnote 24 is deleted.
2. in Paragraph 10 (1) (a), "§ 47 (6) and (7)" shall be replaced by "§ 47 (6) to (8)";
3. In Paragraph 10 (1), at the end of the text in point (b), the words "; this shall not apply in the case referred to in Paragraph 54 (3) 'shall be added.
4. Paragraph 17 (5) (c) is deleted.
Points (d) and (e) shall be renumbered (c) and (d).
5. In Paragraph 31 (2), the words "persons assigned 'shall be inserted after the words" identification number'.
6. In Paragraph 31 (10), "workers' is replaced by" employees'.
7. In Paragraph 31 (14), the words "persons assigned 'shall be inserted after the words" identification number'.
8. in Articles 45 (2) (f) and (3) (d), 47 (2) (b) and 3 (a) and 60 (2) (a), the word "persons" shall be added after the word "identification number."
9. in Article 45 (3) (a):
"(a) a business firm or name, registered office (name of the municipality, its part, street name, descriptive or registered number, where applicable, an indicative number, a postal code), a natural person or a natural person who is its statutory authority or its members or a person authorised to represent a legal person who is a statutory authority, a name, a surname, a birth number or an address of residence in the Czech Republic, if any, and a legal person who is its statutory authority, a commercial company or a registered office (name of the municipality, its part, street name, descriptive or registration number, or, where applicable, an indicative number, a postal exchange number) and an identification number of the person, where it is assigned;"
10. in Paragraph 46 (2) (a), the words "Member State of the European Union" are replaced by the words "State rather than the Czech Republic."
11. in Paragraph 46 (2) (b):
"(b) where the State referred to in point (a) does not issue an extract of the criminal record or an equivalent document, an affidavit made before a notary or other competent authority of that State stating that it is not an obstacle to the operation of the trade referred to in Article 8 (5); such documents may not be more than 3 months old;"
12. In Paragraph 46, the sentence "The applicant shall not be obliged to attach the documents referred to in paragraph 1 (a), (b), (d) and (f) and paragraph 2 (a), (b), (d), (f) and (g) relating to the person registered in the trade register, provided that such documents have already been attached to one of the declarations, to any application for a concession or to a notification of a change and that the facts certifying such documents remain unchanged; the documents referred to in points (a) and (b) of paragraph 1 and in points (a) and (b) of paragraph 2 shall not be more than 3 months old. ';
13. In Paragraph 46, the following paragraph 7 is added:
"(7) Where the documents referred to in points (a), (b), (d) and (f) of paragraph 1 and in points (a), (b), (d), (f) and (g) of paragraph 2 are presented in paper form, the trade mark office shall make them into electronic copies which it imposes in the trade register pursuant to Article 60 (1)."
14. in Paragraph 48 (1), "(§ 60 (5))" is replaced by "(§ 60 (6))";
15. at the end of paragraph 1, the sentence "If the trader submits the documents referred to in paragraphs 46 (1) (a), (b), (d) and (f) and in paragraphs 2 (a), (b), (d), (f) and (g) of Article 46 (7), the trade office shall apply mutatis mutandis."
16. in paragraphs 49 and 56, the following paragraph 2 is inserted after paragraph 1:
"(2) Paragraph 46 (6) of the second sentence shall apply mutatis mutandis to the submission of documents for notification of amendments and additions referred to in the first sentence of paragraph 1. ';
Paragraphs 2 to 6 shall become paragraphs 3 to 7.
17. in Article 54 (1), "five days" is replaced by "five working days."
18. in Paragraph 60 (1):
"(1) The Trade Register is an information system for public administration (38d) in electronic form, in which the data referred to in paragraph 2 and the statistical and accounting data relating to the operation of the trade are recorded. To this end, information and data from other information systems and registers are taken over. The administrator of the Trade Register is the Trade Register Office of the Czech Republic and its operators are the Regional Trade Unions to the extent set out in paragraphs 3 to 5 and the Municipal Trade Unions to the extent set out in paragraphs 2 to 5. The municipal trade authorities shall include in this information system documents demonstrating compliance with the conditions laid down by this law referred to in Paragraph 46 (7). '
19. in Article 60 (2) of the Introductory Part of the provision, the word "business" shall be inserted after the word "business" and in point (a), the words "or the person entitled to represent a legal person who is a statutory authority" shall be inserted after the word "members."
20. Paragraph 60 (3) to (6) reads as follows:
"(3) The Trade Register shall be a public list in the part of the information referred to in paragraph 2, unless otherwise specified. The Trade Register shall be a non-public list in the part consisting of:
(a) the particulars referred to in paragraph 2 (m), the residence and place of residence in the Czech Republic, the residence outside the Czech Republic and the birth numbers;
(b) the other information referred to in paragraph 2, after 4 years from the date of the expiry of the last business authorisation of the entrepreneur, where such data will be transferred from the public part of the business register to the non-public part; the data are again included in the public section of the trade register in the event that the trader regains the trade licence;
(c) other information referred to in paragraph 2 in the event of non-compliance with the conditions for the operation of the business referred to in Articles 10 (5), 47 (8) and 52 (2);
(d) documents deposited in accordance with paragraph 1.
(4) The Trade Office shall provide:
(a) the information referred to in paragraph 3 (a) to the undertaking to which it relates, to the administrative authority where it is required for the performance of its activities and in cases provided for by other legislation;
(b) the information referred to in points (b) and (c) of paragraph 3 to the person showing the legal interest, to the extent specified in points (b) to (d) of paragraph 5.
(5) Upon request, the trade office shall issue from the trade register in paper or electronic form under the conditions referred to in paragraph 4:
(a) the extract referred to in Article 47 (2) or (3); the extract shall be issued to the entrepreneur concerned;
(b) a complete extract containing all the information referred to in paragraph 2;
(c) a partial extract containing the information to the extent required;
(d) a certificate of registration or, where appropriate, a certificate of non-registration in the trade register.
(6) Data held in the public section of the Trade Register of the Czech Republic (39) is made available in electronic form in a way that allows remote access to these data. Data from the public business register referred to in paragraph 5 (b) shall also be issued as verified outputs from the public administration information system under the law governing public administration information system38d). Data from the Trade Register shall be provided by the Czech Trade Union Office to the authorities referred to in § 48, by other legislation and by the administrative authority, where such data are needed for the performance of its activities, in electronic form in a way enabling remote access, or by other agreed means. The transmission of data pursuant to Paragraph 45a (4) shall be treated mutatis mutandis. ';
21. In Paragraph 60 (7) of the introductory part of the provision, the word "business" shall be inserted after the word "management."
22. At the end of Paragraph 60b, the sentence "The provision of information on the outcome of an inspection with an entrepreneur or the outcome of an administrative procedure with an entrepreneur to another administrative authority at the request of the latter and for the purposes of the inspection or administrative procedure shall not constitute a breach of the confidentiality of the staff member under the special legislature39). '
23. Paragraph 70, including footnote 61 to 67, reads:
(1) For the purposes of this Act, a citizen of a Member State of the European Union shall be deemed to be a citizen of:
(a) a citizen of another Contracting State of the Agreement on the European Economic Area and a citizen of the Swiss Confederation;
(b) a family member of a citizen of the European Union or of a person referred to in (a) 61;
(c) the person who is authorised to reside on the territory of the Czech Republic and his family member;
(d) a citizen of a third country who has been granted long-term resident status in the territory of the Czech Republic or another Member State of the European Union (62);
(e) a citizen of a third country who has been authorised to reside in the territory of the Czech Republic or another Member State of the European Union for the purpose of scientific research (63);
(f) a member of the family of the person referred to in (d) or (e) who has been granted long-term residence in the Czech Republic (64);
(g) a citizen of a third country who has been authorised to stay in the territory of the Czech Republic or of another Member State of the European Union for the purpose of study, exchange of pupils, unpaid training or voluntary services65),
(h) a citizen of a third country who is a victim of trafficking in human beings or has received assistance for illegal immigration and who is cooperating with the competent authorities if he has been authorised to stay in the territory of the Czech Republic or of another Member State of the European Union for this purpose (66);
(i) a European Union Blue Card holder (67).
(2) The persons referred to in paragraph 1 (c) to (i) are not entitled under § 69a.
(3) For the purposes of this Act, a legal person whose internal circumstances are governed by the law of a Member State of the European Union or another Contracting State of the Agreement on the European Economic Area and which has its registered office, central administration or principal place of business in the territory of a Member State of the European Union or another Contracting State of the Agreement on the European Economic Area shall be regarded as a legal person established in the territory of a Member State of the European Union. A legal person whose internal circumstances are governed by the laws of the Swiss Confederation and has its registered office, central administration or principal place of business in the territory of the Swiss Confederation shall also be regarded as a person under the preceding sentence, under the conditions and to the extent laid down by the International Free Movement Treaty.
(4) Where that law requires the presentation of documents issued by a competent authority of a Member State of the European Union or the pursuit of business in the territory of a Member State of the European Union, this shall mean documents issued by the competent authority of the Contracting State of the Agreement on the European Economic Area and documents issued by the competent authority of the Swiss Confederation and the pursuit of business in the territory of those States.
61) Article 23 and Article 24 (1) of Directive 2004 / 38 / EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612 / 68 and repealing Directives 64 / 221 / EEC, 68 / 360 / EEC, 72 / 194 / EEC, 73 / 148 / EEC, 75 / 34 / EEC, 75 / 35 / EEC, 90 / 364 / EEC, 90 / 365 / EEC and 93 / 96 / EEC.
62) Article 11 (1) (a) and Article 21 (1) of Council Directive 2003 / 109 / EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents.
63) Article 12 of Council Directive 2005 / 71 / EC of 12 October 2005 on a special procedure for the admission of third-country nationals for scientific research purposes.
64) Article 14 (1) (b) of Council Directive 2003 / 86 / EC of 22 September 2003 on the right to family reunification.
65) Article 17 (1) of Council Directive 2004 / 114 / EC of 13 December 2004 on the conditions for admission of third-country nationals for the purposes of studies, exchanges of pupils, unpaid training or voluntary service.
66) Article 11 (1) of Council Directive 2004 / 81 / EC of 29 April 2004 on residence permits for third-country nationals who are victims of trafficking in human beings or have received assistance for illegal immigration and who cooperate with the competent authorities.
67) Article 14 (1) and (4) of Council Directive 2009 / 50 / EC of 25 May 2009 on the conditions for entry and residence of third-country nationals for the purpose of carrying out a job requiring high qualifications. "
24. footnotes 49 to 51 are deleted.
25. In Annex No 2 LIVE LIABILITIES LIVE FOR THE PURPOSE OF "Manufacture of hazardous chemicals and hazardous chemical mixtures and the sale of chemicals and chemical mixtures classified as highly toxic *) and toxic *) 'in the second column at the end of the text of point (e) after the words" Trade Code', the semicolon is replaced by "or 'and the following point (f) is added:
"(f) professional qualifications for the operation of a chemical for operating equipment under special legislation * *) and 4 years of experience in the field;";
in the third column, the following text is added:
"* *) 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), as amended."
26. In Annex No 2 LIABILITIES LIABILITIES LIABILITED on the subject of business "Special protection disinfectants, disinfectants and deratisers - without the use of toxic or very toxic chemicals and chemical products, excluding special protection disinfectants, disinsecting and deratizing in food and agricultural establishments, - in food or agricultural establishments, - in food or agricultural establishments, - toxic or highly toxic chemicals or chemical products, with the exception of special protection disinfectants and de-ratization in food or agricultural establishments' in the first column, the word" preparations' is replaced by "mixtures' and the word" preparations' is replaced by "mixtures';
in the second column, the text reads:
"for special protective disinfectant, disinsectisation and deratization without the use of toxic or highly toxic chemicals and chemical mixtures, with the exception of special protective disinfectant, disinfectant and deratization in food and agricultural establishments:
(a) the professional competence according to § 58 (1) of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the Amendment of Certain Related Acts, as amended by Act No. 392 / 2005 Coll., or
(b) a professional qualification for the activity of a rendering worker without fumigants in accordance with special legislation (*); or
(c) the documents referred to in Article 7 (5) (j), (k), (l) or (m) of the Trade Code;
for special protective disinfection, disinsectisation and extermination in food or agricultural establishments:
(a) the professional competence pursuant to § 58 (2) of Act No. 258 / 2000 Coll., as amended by Act No. 392 / 2005 Coll., or
(b) a professional qualification for the activity of a rendering worker without fumigants in accordance with special legislation (*); or
(c) the documents referred to in Article 7 (5) (j), (k), (l) or (m) of the Trade Code;
for special protective disinfectant, disinsectisation and deratization by toxic or highly toxic chemicals or chemical mixtures, with the exception of special protective disinfectant and deratization in food or agricultural establishments:
(a) the professional competence pursuant to § 58 (3) of Act No. 258 / 2000 Coll., as amended by Act No. 392 / 2005 Coll., or
(b) a professional qualification for the activity of an rendering worker with fumigants in accordance with special legislation (*); or
(c) documents referred to in Article 7 (5) (j), (k), (l) or (m) of the Trade Code ';
in the third column the text reads: "*) Act No. 179 / 2006 Coll., as amended."
27. In Annex No 2 LIABILITIES LIABILIVED on the subject of business "Provision of body and sports services in area *) 'in the second column, the word" or' is added at the end of the text in point (c) and the following point (d) is added:
"(d) professional qualifications for the relevant field of physical activity * *) ';
in the third column, the following text is added:
"* *) Act No. 179 / 2006 Coll., as amended."
28. The following point (e) is inserted after point (d) of Annex 3 TO CONCESTED LIFE for the subject-matter of "Production and processing of fuels and lubricants and fuel distribution 'in the second column" for the production and processing of fuels and lubricants':
"(e) professional qualifications for the operation of a chemical for the operation of equipment under special legislation *) and 4 years of experience in the field; or"
point (e) is renumbered as point (f); "fuel distribution 'at the end of point (d) is added the word" or' and the following point (e) is added:
"(e) professional qualifications for the operation of a chemical for operating equipment under special legislation *) and 4 years of experience in the field ';
in the fifth column, the following text is added:
"*) Act No. 179 / 2006 Coll., as amended."
29. In Annex 3 to CONCESTED LIFE for the subject-matter of "Implementation of Shredding and Fireworks', in the second column, the text reads:
"for the execution of shredding works:
(a) the authorisation or the licence of the gunman issued by the Circular Mining Office *); or
(b) the authorisation of the technical leader of the shots issued by the Czech Mining Authority *);
for the execution of fireworks:
approval or certificate of fireworks detonator issued by the Circular Mining Authority *) '.
30. In Annex 4, "17. Manufacture of chemicals and chemical mixtures or articles and cosmetic products', the following shall be added:" 17.
31. In Annex 5, the list of trades the entrepreneur is obliged to carry out only by natural persons having competence and competence to carry out such activities is inserted before the trade "Trade in pet animals';
in the second column, the text reads:
"(a) fitness to pursue the medical profession of optometrist in accordance with special legislation *); or
(b) higher vocational education in the field of education by a certified ophthalmologist or by a certified eye technician; or
(c) secondary education with a graduate examination in the field of education of opticians or eye technicians; or
(d) a certificate of retraining or other evidence of professional qualifications for the relevant work activity issued by an establishment accredited under specific legislation, or an establishment accredited by the Ministry of Education, Youth and Sports, or by the Ministry in whose jurisdiction the business is carried out; or
(e) a professional qualification for the activity of an optical lens according to special legislation * *); or
(f) proof of performance of three years' experience in an independent capacity (Section 420 of the Civil Code) or in an employment relationship ';
in the third column of the text:
"*) Act No. 96 / 2004 Coll., on the conditions for obtaining and recognising eligibility for the pursuit of non-medical medical professions and for carrying out activities related to the provision of medical care and amending certain laws (Act on non-medical medical professions), as amended by Act No. 125 / 2005 Coll.
* *) Act No. 179 / 2006 Coll., as amended. "
Transitional provisions
1. Paragraph 46 (6), second sentence, of Act No. 455 / 1991 Coll., as effective from the date of entry into force of this Act, shall not apply to those entrepreneurs who have provided evidence to the municipal business office before the date of entry into force of this Act.
2. Proceedings initiated under Act No. 455 / 1991 Coll., as effective before the date of entry into force of the Act, shall be completed under Act No. 455 / 1991 Coll., as effective from the date of entry into force of the Act.
3. Trade authorisations acquired under Act No. 455 / 1991 Coll., as effective before the date of entry into force of this Act, shall remain valid.
4. Proofs of professional competence which were effective in accordance with the legislation before the date of entry into force of this Act have been shown to be competent for the acquisition of the "Implementation of the Shredder and Fireworks' concession, if the concession has been granted in a final manner by the date of entry into force of this Act, shall be considered as evidence of professional competence under Act No. 455 / 1991 Coll., as effective from the date of entry into force of this Act.
Efficacy
This Act shall take effect on 1 January 2015.
z. Jerman v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 140 / 2014 Coll., amending Act No. 455 / 1991 Coll., on Business Enterprise (Trade Act), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.07.2014 |
|---|---|
| Effective from | 01.01.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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