Act No. 167 / 2004 Coll.
Act amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and certain related laws
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Effective from 01.05.2004
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167
THE LAW
of 25 March 2004
amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and certain related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Trade Business Act
Act No. 1 / 2001, Act No. 1 / 2000, Act No. 2 / 2000, Act No. 1 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 2, Act No. 2 / 2000, Act No. 2, Act No. 2, Act No. 2 / 2000, Act No. 2 / 2000, Act No. 99, Act No. 2, Act No. 99, Act No. 99, Act No. 2, Act No. 2 / 2000, Act No 2000, Act No 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No. 2000, Act No.
1. In Article 3 (1), at the end of point (d), the dot is replaced by a comma and the following point (e) is added, including footnote 2c:
"(e) carrying out archaeological research. (c)
2c) § 21 paragraph 2 of Act No. 20 / 1987 Coll., on State Monument Care. '.
footnote 2c shall be renumbered footnote 2d, including the footnote references.
2. in Article 3 (2) (a), the word "medium" shall be replaced by the word "other."
3. in Article 3 (3) (a), the words "the establishment and management of collective holdings (13)" shall be replaced by the words "the activities of the collective investment13";
Footnote 13) reads as follows:
"13) Act No. 248 / 1992 Coll., on Investment Companies and Investment Funds, as amended."
4. in Article 3 (3) (d):
"(d) electricity production, gas production, electricity transmission, gas transport, electricity distribution, gas distribution, gas storage, thermal energy production and heat distribution which are subject to a licence under a specific legislation, 16) '.
5. in Article 3 (3) (f), the words "direct consumers" shall be deleted;
6. in Article 3 (3), points (s) and (t), including footnote 23b, are deleted;
Points (u) to (ag) shall be renumbered s) to (ae).
7. in Article 3 (3) (t), including footnote 23d,
"(t) education and training in schools, preschool and school establishments included in the school network, preschool and school establishments, Bachelor, Master and doctoral programmes, and lifelong learning programmes under specific legislation, 23d)
23d) Act No. 564 / 1990 Coll., on State Administration and Self-Government in Education, as amended. Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended. Act No. 76 / 1978 Coll., on school establishments, as amended. Articles 45 to 47 and 60 of Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education), as amended by Act No. 147 / 2001 Coll. '.
(8) footnote 1 shall be deleted, including the reference to this footnote.
9. in Article 3, footnotes 3), 4), 16), 17), 23), 23g) and 23h) read:
"3) Act No. 166 / 1999 Coll., on Veterinary Care and the amendment of related laws (Veterinary Act), as amended.
4) Act No. 85 / 1996 Coll., on advocacy, as amended.
16) Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Enforcement of State Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended.
17) Act No. 61 / 2000 Coll., on Maritime Navigation.
23) Act No 231 / 2001 Coll., on the operation of radio and television broadcasting and amending other laws, as amended.
23g) Article 18 of Act No. 139 / 2002 Coll., on Land and Land Administration and amending Act No. 229 / 1991 Coll., on the Treatment of Property Relations with Land and Other Agricultural Property, as amended.
23h) § 27 of Act No. 250 / 2000 Coll., on the budgetary rules of the territorial budgets. '
(10) Paragraph 5 (3), including footnote 24a, reads as follows:
"(3) If the law requires the presentation of a document confirming certain facts, this means the presentation of the document, including its translation into the Czech language by an interpreter entered on the list of experts and interpreters, 24a) if the document was not issued in the Czech language. The authenticity of the signature and the stamp on the original of the documents submitted, issued abroad, must be verified.
24a) Act No. 36 / 1967 Coll., on Experts and Interpreters. '
footnote 24a shall be renumbered footnote 24b, including footnote references.
11. in Article 5, the following paragraph 4 is inserted after paragraph 3:
"(4) The requirement for translation into the Czech language by an interpreter included in the list of experts and interpreters and for the verification of the authenticity of the signature and stamp referred to in paragraph 3 shall not apply to documents submitted by a national of a Member State of the European Union or by a legal person having its registered office, central administration or principal place of business in a Member State of the European Union, where there is no doubt as to the accuracy of the translation or, where appropriate, the authenticity of the signature or stamp. '
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
12. in Article 5 (5), including footnotes 24b) and 24c):
"(5) A foreign natural person who intends to conduct a trade in the territory of the Czech Republic and who is required to have a permit for residence in the Czech Republic under a special law 24b must provide proof of the document proving the residence permit for business purposes to declare the trade and the licence application. The obligation to document the document according to the first sentence does not apply to a foreign natural person who intends to conduct business in the Czech Republic through the organisational part of his business. 24c)
24b) Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended.
24c) § 21 (3) of the Commercial Code. '
13. in Article 5 (6), the words "refugee status granted under the Specific Regulations 25)" shall be replaced by the words "asylum granted under the Specific Laws 25)";
Footnote 25) reads as follows:
"25) Act No. 325 / 1999 Coll., on asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on asylum), as amended."
14. in Article 6 (1) (d):
"(d) the presentation of proof that a natural person does not have tax arrears if he or she is in the territory of the Czech Republic. The document shall be drawn up locally by the competent tax office, '.
15. in Article 6 (1), the following point (e) is added:
"(e) the presentation of proof that the natural person, if he or she is in business or business in the Czech Republic, does not have arrears on social security premiums and contributions to the state employment policy."
16. in Article 6 (2) (a):
(a) an unconditional custodial sentence for an offence committed intentionally, whether alone or in connection with other offences, and has been imposed an unconditional custodial sentence of at least one year; ';
17. in Article 6, paragraph 3 is deleted;
18. Paragraph 6 (4) is deleted.
19. In Article 7, the following paragraph 2 is inserted after paragraph 1:
"(2) In the event of a change or addition of professional competence requirements following the creation of a trade licence, proof of practice shall not be required for an entrepreneur who holds a trade licence for the conduct of the trade in question and for a person who performs the functions of responsible representative for the trade in question, if he has performed it before that change. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
20. in the first sentence of Article 7 (4), the reference to footnote 25a shall be inserted after the word "laid down."
footnote 25a is replaced by the following:
"25a) Government Decree No. 209 / 2001 Coll., establishing a list of trades which the entrepreneur is obliged to carry out only by natural persons fulfilling the professional competence laid down in this Regulation. '
21. In Paragraph 7a (2), the second sentence is replaced by the following: "Paragraph 45 (4), second and third sentences shall not apply to the designation of the subject of business."
22. In Paragraph 7a (2), the sentence "In the proposal, the entrepreneur is also obliged to define the trades which are aimed at the creation of the final product or the provision of services and are sub-elements of the technological process."
23. in Paragraph 10 (1), "paragraph 7" is replaced by "paragraph 8."
24. in Article 10 (1) (a), "and in paragraph 6" shall be replaced by "and in paragraph 47 (6)."
25. in Article 10, the following paragraph 2 is inserted after paragraph 1, including footnote 28a:
"(2) Legal persons established under a special law, 28a) who are incorporated in a commercial register only after they have been incorporated, shall be granted a trade licence in accordance with paragraph 1 (a) and (b).
28a) For example Act No. 250 / 2000 Coll., on the budgetary rules of the territorial budgets, as amended. '
Paragraphs 2 to 9 shall be renumbered paragraphs 3 to 10.
26. in Article 10 (4) (a), the words "undertaking" shall be inserted after the words "business name"; the words "business name" shall be replaced by the words "business name," after the words "address of his residence in the Czech Republic," the words "if his stay has been authorised," and the words "business subject," shall be inserted after the words "period for which the trade licence has been issued."
27. in Article 10 (4) (b), the words "trade name" shall be replaced by the words "business name," after the words "business subject," the words "period for which the trade licence has been issued," after the words "organisational component," the words "undertaking" shall be inserted and the words "if he has been authorised to stay" shall be added at the end of point (b);
28. In Paragraph 10 (8), the first and second sentences are replaced by the words "The persons referred to in paragraphs 6 and 7 shall be granted a trade licence on the date on which they are registered."
29. In Paragraph 11 (1), the second sentence is: "The representative responsible shall be a natural person appointed by the entrepreneur, who shall be responsible for the proper operation of the business and compliance with the trade law and shall be in a contractual relationship with the entrepreneur."
30. Paragraph 11 (2) reads:
"(2) The agent responsible shall comply with both the general and the specific conditions for the operation of the business referred to in Articles 6 (1) (a) to (c) and 7. '
31. in Article 11 (4), point (b) shall be deleted;
Points (c) and (d) shall be renumbered (b) and (c).
32. in Article 11 (4) (c), the word "undertaking" shall be inserted after the word "organisational component."
33. In Paragraph 11, the following sentence shall be added at the end of paragraph 5: "Termination of the duties of the agent shall be notified to the trade office and to the agent responsible if the trader has not fulfilled the obligation to notify the performance of the duties of the agent. At the same time, he must demonstrate that he has informed the entrepreneurs in writing of the termination of his duties in advance. If it is not possible to determine the date of termination of the duties of the agent responsible, as notified by the entrepreneur, the duties of the agent responsible shall expire on the 30th day following receipt of the notification of the agent responsible to the trade office, unless the trader has notified the trade office of the provisions of another representative before the expiry of that period. If the responsible representative has indicated in his notification as the day of termination of his duties a day later, the performance of his duties shall end on that date. ';
34. In Paragraph 11, the following sentence shall be added at the end of paragraph 7: "Termination of the duties of the agent shall be notified to the trade office and to the agent responsible if the trader has not fulfilled the obligation to notify the performance of the duties of the agent. At the same time, he must demonstrate that he has informed the entrepreneurs in writing of the termination of his duties in advance. If it is not possible to determine the date of termination of the duties of the agent responsible as notified by the trader, the duties of the agent responsible shall end 30 days after the notification of the agent responsible to the trade office has been received, unless the trade office has approved another representative before the expiry of that period. If the responsible representative has indicated in his notification as the day of termination of his duties a day later, the performance of his duties shall end on that date. ';
35. in Article 11, paragraph 10 is deleted;
36. In the third sentence of Paragraph 13 (2), the words "residence in the Czech Republic 'are replaced by the words" residence in the Czech Republic, if required by this law'.
37. in the second sentence of Paragraph 13 (4), the words "unless otherwise specified" and the third sentence are deleted.
38. Paragraph 14, including footnote 29a, reads as follows:
If, in the course of the conversion of a company or a cooperative under a special legislation, the company or a cooperative or the transfer of a company's assets into a single member under a special legislation, 29a) the successor may continue to pursue the business on the basis of the trade authorisation of his legal predecessor, provided that, within 15 days of the date of the death of his legal predecessor, he notifies in writing the continuation of the business activity to the trade office, and at the same time he announces the business of reporting or submits a licence application under this law. The right to continue the business as referred to in the first sentence shall cease to exist on the date of the creation of its own business authorisation to the legal successor or power of decision of the business office pursuant to Articles 47 (5), 47 (6), 51 (2) or 53 (2).
29a) § 69 et seq. of the Commercial Code. '.
Footnotes 29a to 29e) shall be renumbered as footnotes 29b to 29f), including the footnotes.
39. In Paragraph 17 (2), the fifth sentence is replaced by the following: "This shall not apply to the start of business in an establishment which is indicated in the declaration of business under § 45 (2) (g) and § 45 (3) (f) or in the application for concession under § 50."
40. In Paragraph 17 (4) (a) read:
"(a) a business name or name or surname,"
41.In Paragraph 17 (4) (c):
"(c) registered office or permanent residence or place of business, where appropriate; foreign person, the address of the residence in the Czech Republic, if it was allowed to stay, and the location of the organizational component of the enterprise in the Czech Republic, if it is established, '.
42. In Article 17 (7), the first sentence is replaced by the following: "The establishment must be permanently and visibly marked from the outside by a business firm or by the name or name and surname of the entrepreneur and his identification number, if assigned. '
43. The second sentence of Paragraph 17 (7) reads: "A stand, mobile shop and similar equipment used for the sale of goods or the provision of services shall be indicated by the indication of the registered office or place of business or the address at which the organisational component of a foreign person is located."
44. In the second sentence of Article 17 (10), the words "their trade name 'are replaced by the words" their business name or name or surname'.
45. In Paragraph 18 (1), the first sentence is replaced by the sentence "The municipality may issue a market order in the form of a municipal regulation."
footnote 29e reads:
"29e) § 11 (1) of Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended by Act No. 313 / 2002 Coll. '.
46. In Paragraph 18 (3), the words "in a generally binding decree issued 'are replaced by the words" a municipal decree issued' and the words "such decree 'are replaced by the words" this municipal regulation'.
47. In Paragraph 21, the current text becomes paragraph 1 and paragraph 2 is added, which includes footnote 31e:
"(2) A national of a Member State of the European Union and a citizen of the Czech Republic may prove competence
(a) for the trades listed in Part A of Annex 1 to this Act, the documents referred to in Article 19 (1) (a) of the Law on the recognition of professional qualifications, 31e)
(b) for the trades listed in Part B of Annex 1 to this Act, the documents referred to in Article 19 (1) (f) of the Act on the recognition of professional qualifications, 31e)
(c) for the trades listed in Part C of Annex 1 to this Act, the documents referred to in Article 19 (1) (c) of the Law on the recognition of professional qualifications. 31e)
Paragraph 19 of the Law on the Recognition of Professional Qualifications shall apply when assessing the competence under this paragraph. 31e)
31e) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other qualifications of nationals of Member States of the European Union and on the amendment of certain laws (Act on the Recognition of Professional Qualifications). '.
48. in Article 21 (1) (d), including footnote 31a,
"(d) a diploma, certificate or other evidence of completion of a Bachelor's or Master's degree programme carried out by a university in the relevant field of study (31a) and evidence of one year's experience in the field;
31a) Sections 45, 46 and 98 (1) of Act No. 111 / 1998 Coll., as amended. '
footnote 31a shall be renumbered footnote 31c, including the footnote references.
49. in Paragraph 21 (1), the dot is replaced by a comma at the end of point (d) and the following point (e) is added:
"(e) evidence of recognition of professional qualifications issued by the recognition body under the Law on the recognition of professional qualifications. 31b) '.
50. in § 22 (1) (d):
"(d) a diploma, a certificate or a similar document of completion of a Bachelor's or Master's degree programme carried out by a university in the related field of study (31a) and a proof of completion of one year's experience in the field;"
51. in Paragraph 22 (5), "(b)" is replaced by "(f)";
52. Paragraph 24 (2) reads as follows:
"(2) A national of a Member State of the European Union and a citizen of the Czech Republic may 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. These persons may also prove professional competence with evidence of professional qualifications within the meaning of the Law on the Recognition of Professional Qualifications which demonstrate the professional qualifications established for each trade in Annex 2 thereto. The law on the recognition of professional qualifications shall apply when assessing competence under this paragraph. ';
53. In Article 24, the following paragraph 3 is added:
"(3) The professional competence of the duration of the practice shall not be required for a natural person who has already operated the relevant business or has been appointed as a responsible representative for at least half the period of experience referred to in Annex 2 to this Law. ';
54. In Paragraph 27, the following paragraph 2 is inserted after paragraph 1:
"(2) A national of a Member State of the European Union and a citizen of the Czech Republic may 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. These persons may also prove professional competence with evidence of professional qualifications within the meaning of the Law on the Recognition of Professional Qualifications which demonstrate the professional qualifications established for individual trades in Annex 3 to this Act. The law on the recognition of professional qualifications shall apply when assessing competence under this paragraph. ';
Paragraph 2 shall become paragraph 3.
55. in Paragraph 28 (3):
"(3) In doubt as to the scope of the authorisation, the trade office shall decide at the request of the entrepreneur."
56. In Part Three, Titles I, II, III and IV, including their headings, are deleted.
57. Paragraph 31 (2) reads:
"(2) For the purposes of the service of documents referred to in paragraph 16, the entrepreneur shall be required to clearly indicate, for the purposes of service of the documents referred to in paragraph 16, the registered office and, where applicable, the foreign person, the organisational body of the undertaking in which the place of business is situated, if any, is different from the place of residence. The entrepreneur shall, at the request of the trade office, demonstrate the right of ownership or use or other similar rights to the premises or premises in which he has, in the Czech Republic, his place of business, if different from his place of residence (§ 5 (2)), his registered office and foreign person, an organisational component of the business. '
58. In Paragraph 31 (3), the word "undertaking 'is inserted after the words" organisational components'.
59. In Paragraph 31 (9), the second sentence is replaced by the following: "If the trade office has doubts, it may examine the fulfilment of this condition by an interview, assessing whether the person is able to respond fluently and in a language correct to questions relating to the normal situations of daily life and business and whether he is able to express orally the content of the text from the daily press."
60. In Paragraph 31 (16), the word "undertaking 'is inserted after the words" organisational units'.
61. In the first sentence of Article 31 (17), the words', unless otherwise specified, in the second sentence, the words' trade name 'shall be replaced by' trade name, name or surname, where appropriate 'and the third and fourth sentences shall be deleted.
62. Article 32 shall be deleted;
63. Paragraph 33 (1) is deleted.
Paragraphs 2 and 3 shall be renumbered paragraphs 1 and 2.
64. In Paragraph 34 (1), the words "An entrepreneur engaged in a commercial trade referred to in Paragraph 33 (a) shall be entitled, if the nature of the trade is retained, also:" shall be replaced by the words "An entrepreneur operating a business consisting in retail or wholesale trade, shall be entitled, if the nature of the trade remains, also."
65. The heading of Section 42 is deleted.
66. In Paragraph 42 (1), the words "operating business consisting of production activities' shall be inserted after the words" the entrepreneur '.
Article 67 (43) reads:
Paragraph 42 (2) and (3) shall apply mutatis mutandis to an entrepreneur who operates a business in which he provides repair or maintenance of goods, the transport of persons or goods, accommodation, innkeeper activity, pawning and other work and performance to meet other needs, if the nature of the business remains. '
68. In Paragraph 44, the heading "Scope of authorisation 'and paragraph 1 are deleted and the indication of paragraph 2 is deleted.
69. In Paragraph 45 (1), the word "undertaking 'is inserted after the words" organisational component' and after the words "organisational component '.
770. in Article 45 (2) (a), the words "trade name" shall be replaced by the words "business name, where appropriate," and the words "entry" shall be replaced by "declare."
71. in Article 45 (2) (c), the word "undertaking" shall be inserted after the word "organisational component" and, at the end of point (c), the words "if he has been authorised to stay," shall be added.
72. in Article 45 (2) (e), the words "with definition in accordance with paragraph 4" shall be inserted after the word "business."
73.In Paragraph 45 (2) (i):
"(i) the date on which the business ends if it intends to pursue a fixed-term business; a person subject to an obligation to have an authorised residence for business purposes in accordance with Article 5 (5) may declare the operation of the business for the longest period of the authorised stay, '.
74. Article 45 (2) shall be replaced by a dot at the end of point (j) and point (k) shall be deleted.
75. in Paragraph 45 (3) (a):
"(a) a business firm or name, registered office (name of the municipality, its part, street name, descriptive and indicative number, if assigned, postal code) and name, surname, nationality, place of residence or address of residence on the territory of the Czech Republic, if any, of persons or persons who are its statutory authority or its members, and declare whether the court or administrative authority has imposed a ban on them or whether they maintain any other obstacle to the pursuit of business, and the manner in which they act as a legal person, whether that legal person has been revoked in the last three years of the trade authorisation provided for in Article 58 (2), (3) or (4) and whether it is maintained by another obstacle to the pursuit of business;"
76. In Article 45 (3) (c), the word "undertaking" shall be inserted after the word "organisational component" and the words "if he has been authorised to stay" shall be added at the end of point (c).
77.In Article 45 (3) (e), the words "as defined in paragraph 4" shall be inserted after the words "business."
78. In Paragraph 45 (3), the comma at the end of point (i) is replaced by a dot and point (j) is deleted.
79. Paragraph 46, including footnote 36d, reads as follows:
(1) The natural person shall affix to the declaration:
(a) where:
1. citizen of the Czech Republic, extract from the register of the Register of Penalties, 36c) not more than 3 months old ("extract from the Register of Penalties"),
2. a national of a Member State of the European Union, an extract from the criminal record or an equivalent document issued by the competent judicial or administrative authority of that State or Member State of last residence. Where that State does not issue an extract of the criminal record or equivalent document, the natural person shall submit a declaration of integrity within the meaning of Article 6 (1) (c), made before a notary or authority of the Member State of which he is a citizen, or before a notary or authority of the Member State of last residence. Such documents shall not be more than 3 months old; the document referred to in this point may be replaced by evidence of recognition of professional qualifications, provided that it also demonstrates compliance with the conditions of integrity;
3. a citizen of a State other than those referred to in points 1 and 2, an extract from the Register of Penalties and corresponding documents issued by the State of which the natural person is a citizen, and States in which he has remained for the last 3 years (more than 3 months). Such documents may not be more than 3 months old,
(b) an extract from the Register of Penalties of the agent responsible; where the responsible representative is a national of a Member State of the European Union, he shall submit the documents referred to in point (a) (2); these documents may not be more than 3 months old;
(c) a document proving its competence and, where required by law, the professional capacity of the responsible agent;
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Regulation Information
| Citation | Act No. 167 / 2004 Coll., amending Act No. 455 / 1991 Coll., on Business Enterprise (Trade Act), as amended, and certain related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.04.2004 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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