Act No. 169 / 2012 Coll.
Act amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended and other related laws
Valid
Effective from 30.06.2012
169
THE LAW
of 25 April 2012
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:
Amendment of the Trade Act
Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 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. 6 / 2006, Act No. 5 / 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. 6 / 2006, Act No. 6 / 2006, Act No. 6 / 2006, Act No. 6 / 2006, Act No. 6 / 2006, Act No. 5, Act No. 6 / 2006, Act No. 5, Act No. 6, Act No. 6, Act No. 6 / 2006, Act No. 6, Act No. 2006, Act No. 2006, Act No 2006, No 2006, No 2006, Act No. 6, No 2006, Act No. 2006, No 2006, No 1999, No 1999, No 1999, No 2006, No 1999, No 1999, No 1999, No 1999, No 1999, No 1999,
1. in § 8 (6) and in § 11 (3), "§ 58 (2) to (4)" shall be replaced by "§ 58 (2) or (3)";
2. In Article 10, the words "in the case of a concession, the following shall be added at the end of the text of paragraph 5:" in the case of a concession, this fact shall be recorded in the file and entered in the trade register. "
3. Paragraph 13, including the title, reads:
Continuing business in the death of an entrepreneur
(1) If an entrepreneur dies, they may continue to operate the business under the conditions laid down in paragraphs 2 to 5 until the end of the proceedings to discuss the inheritance,
(a) the maintains29),
(b) heirs by law if they are not heirs of the will,
(c) heirs of the will and the surviving spouse or partner (28a), even if he is not the heir, if he is the joint owner of the property used for the pursuit of the business;
(d) an insolvency administrator established by a court under special legislation26); no longer than the end of the insolvency proceedings; or
(e) the surviving spouse or partner (28a) meeting the condition referred to in (c), unless the heirs continue in business.
(2) Where a person referred to in paragraph 1 (b), (c) or (e) intends to continue the business on the basis of the authorisation of a deceased entrepreneur, he shall be obliged to notify the trade office within 3 months of the date of death of the entrepreneur, unless otherwise provided for in this law. If that period expires in vain, the business license of the deceased entrepreneur shall cease on the date of his death, unless he continues to pursue the business of the estate manager or insolvency administrator. If a person, as referred to in paragraph 1 (b), (c) or (e), who intends to continue the business, does not comply with the conditions laid down in § 6 or 7 or who is prevented from doing so under § 8 or who does not reside in the territory of the Czech Republic, if required by this law, he shall immediately appoint a responsible representative.
(3) Where a person referred to in paragraph 1 (b), (c) or (e) who has notified, in accordance with paragraph 2, the continuation of the business, has decided not to continue to pursue the business on the basis of the trade authorisation of a deceased entrepreneur, he shall notify the trade office accordingly. The right to continue the business shall cease to exist on the date of receipt of the notification to the trade office and, if no other authorised person continues to pursue the business referred to in paragraph 1, the trade authorisation of the deceased shall cease on that date.
(4) The estate manager or insolvency administrator shall notify the continuation of the business within 1 month of the date of the death of the entrepreneur and, if it has been appointed later, within 1 month of its appointment. If the estate manager or insolvency administrator does not comply with the conditions set out in Section 7, he shall immediately appoint a responsible representative.
(5) Where the trade authorisation of a deceased entrepreneur has not expired in accordance with paragraph 2 or 3, the person referred to in paragraph 1 (b), (c) or (e) may, after the completion of the succession proceedings, continue to pursue the trade if he proves that he has acquired the property rights relating to the pursuit of the trade, even if he has not notified the continuation of the trade referred to in paragraph 2. The continuation of the business must be notified by that person, within 3 months of the end of the succession proceedings, to the trade office and at the same time to declare the business or to apply for a concession under this law, otherwise the right to continue to pursue the business shall cease to exist in vain at the end of that period. The right to continue the business shall cease to exist for a person who has notified the continuation of the business activity in accordance with the sentence of the second sentence, at the latest on the date of the establishment of his own business licence or, in the case of the reporting business, by decision of the business office pursuant to § 47 (5) or (6) and, in the case of the licensed business, by the termination of the procedure or the rejection of the licence application. The trade authorisation of a deceased entrepreneur shall cease to exist by the futile expiry of the three-month period referred to in the sentence of the second or the date of termination of the right to continue the business of the last of the continuing persons.
(6) Paragraphs 45, 46 and 50 shall apply mutatis mutandis to the details of the notification referred to in paragraphs 2 to 5.
(7) For the purposes of registration in the Trade Register, the court shall, at the request of the Trade Office, provide an indication of the final termination of the succession proceedings by the deceased businessman. ';
4. In Article 14, the words "by virtue of the power of decision of the Trade Office under § 47 (5) and (6), § 51 (2) or § 53 (2) 'are replaced by the words" in the case of reporting trades by a decision of the Trade Office under § 47 (5) and (6) and in the case of licensed trades by the termination of proceedings or the rejection of an application for concession'.
5. In Article 17 (4), the words "and have been duly marked 'are deleted.
6. In Article 17 (5) (d), the words ", where assigned, the establishment identification number 'are deleted.
7. In Article 17 (6), the words "and the assigned establishment identification number 'are deleted.
8. In Article 17 (7), the words "and the establishment identification number 'are deleted.
9. In Article 31 (2), the second sentence is replaced by the following: "The entrepreneur shall, at the request of the trade office, demonstrate the right of ownership or use to the premises or premises in which he has an organisational component of the business in the Czech Republic instead of the business. The entrepreneur does not need to demonstrate the right of ownership or use to the premises or premises in which the place of business is located in the Czech Republic, if the place of business is the same as the place of residence (§ 5 (2)), except where the residence is at the address of the registered office notifies53) or at the address of the administrative authority 54), which has officially cancelled the indication of the place of registered residence in the Czech Republic."
footnotes 53 and 54 read:
"53) For example Article 10 (5) of Act No. 133 / 2000 Coll., as amended by Act No. 424 / 2010 Coll.
54) § 98a (3) of Act No. 326 / 1999 Coll., as amended by Act No. 274 / 2008 Coll. '
10. In Paragraph 31 (11), after the words "in the notification ', the dot is deleted and the words" At the time of the interruption of the business activity, entrepreneurs shall be subject to the obligations imposed by this law in addition to those laid down in paragraph 2' shall be replaced by the words "and shall end on the date indicated in the notification; where the trade licence is limited to a fixed period, the business may be suspended for a maximum period of time for that authorisation. During the period of interruption of the business, the undertakings shall be subject to the obligations imposed by this Law, in addition to the obligations laid down in paragraph 2, relating to the designation of the object in which the place of business, registered office or organisational part of the undertaking has the obligations laid down in paragraphs. ';
11. In Paragraph 31, the sentence "The address for settlement of commitments may not be the address of the entrepreneur if the address of the registered office is notified53) or the address of the administrative authority (54) is added at the end of paragraph 16; This shall not apply if the entrepreneur proves to the premises of those addresses the right of ownership or use. ';
12. In Paragraph 45, at the end of paragraph 2, the dot is replaced by a comma and the following points (i) and (j) are added:
"(i) the title or scientific rank of persons referred to in points (a) to (c) entered in the identity card under the Civil ID Act (hereinafter referred to as" title or scientific rank "), if they are used in the course of the trade;
(j) any requirement for an automatic change of the address of the place of business to the address of residence. ";
13. in Article 45 (3) (a), the words "for a person or persons who are its statutory authority or its members" and the words "for a person or persons who are its statutory authority or its members" shall be inserted after the words "number";
14. In Paragraph 45, at the end of paragraph 3, the dot is replaced by a comma and the following point (g) is added:
"(g) the title or scientific rank of persons referred to in points (a) to (c), if they are used in the course of the business.";
15. in Paragraph 45a (5), the words "in accordance with paragraphs 1 and 2, if they do so in connection with the fulfilment of the notification obligation under this law" shall be replaced by the words "in the applications or notifications referred to in paragraphs 1 and 2 and contained in the form referred to in paragraph 3."
16. in Articles 46 (1) (c) and 46 (2) (c), the words "national" shall be replaced by "citizen."
17. in Paragraph 46 (1) (e), "national" is replaced by "citizen."
18. in Paragraph 46 (1) (f), the words "in which an organisational component is located in the territory of the Czech Republic" shall be replaced by the words "if he is resident at the address of the registered office (Reports53) or at the address of the administrative authority54), or in which he has placed an organisational component in the territory of the Czech Republic" and the words "if the natural person is resident in the seat of the municipal office, he must prove his consent to the place of business in his seat" shall be deleted.
19. in Article 46 (2) (f) and (g), the words "or, where appropriate, the declaration of the person entitled to the property, apartment or non-residential space, shall be deleted;" shall be deleted;
20. Footnote 31e:
"31e) Sections 89 and 90 of Act No. 111 / 1998 Coll., as amended by Act No. 165 / 2006 Coll. and Act No. 189 / 2008 Coll. '.
21. in Paragraph 47 (1) and (8), the word "working" shall be inserted after the number "5."
22. in Articles 47 (2) (a), 47 (3) (a) and 60 (2) (a), the words "title or scientific rank," shall be inserted after the words "surname."
23. In Paragraph 47, at the end of paragraph 8, the sentence "The Trade Registration Office shall enter in the Trade Register the fact that the notifier has not fulfilled the conditions for the establishment of a trade licence. '
24. In Paragraph 47 (10), the words "and an extract 'are deleted.
25. in Paragraph 47 (11), the word "new" shall be deleted;
26. In Paragraph 48 (2), the words "that the declaration of trade has been postponed," shall be deleted.
27. in Articles 49 (1) and 56 (1), the word "State" shall be deleted and at the end of the paragraph the sentence "Amendments and additions to the data obtained from these registers, systems or from the Commercial Register shall be entered without undue delay in the Trade Register."
28. In Paragraph 49, the sentence "If an entrepreneur fails to comply with the notification requirement of paragraph 1 and the trade office is found to be demonstrably to have changed the data, it shall enter it in the trade register without undue delay. '
29. In Article 49, the words "pursuant to Article 58 (3) 'shall be added at the end of the text of paragraph 3.
30. In Paragraph 49, paragraphs 4 to 6 are added:
"(4) If the place of residence of the entrepreneur and of the entrepreneur is changed, it shall not be obliged to notify the change of place of business to the trade office when the place of residence is changed.
(5) If the trade office finds that the entry of an amendment or addition to the trade register has been made in breach of the law, it shall apply mutatis mutandis in accordance with Paragraph 47 (10).
(6) When correcting errors in writing and other obvious inconsistencies in the registration or addition to the trade register or extract thereof, the trade office shall act in accordance with the provisions of Paragraph 47 (11). ';
31. in Article 50 (2), "Article 45 (2) to (5)" is replaced by "Article 45 (2), (3) and (5)";
32. Article 51 shall be deleted;
33. Paragraph 52 (2) is deleted.
Paragraph 3 shall become paragraph 2.
34. In Article 54, paragraphs 3 and 4 are added:
"(3) If a foreign natural person who, pursuant to Article 5 (5), is required to provide proof of a residence permit within the period referred to in Article 47 (8) does not provide proof of that document, it shall be deemed not to have fulfilled the conditions for the establishment of a trade licence. The Trade Office shall record this fact in the file and enter it in the trade register.
(4) Where the trade office finds that the entry in the trade register has not been carried out in accordance with the decision granting the concession or that the information entered in the trade register and not in the content of the decision granting the concession does not correspond to the facts, it shall correct the registration in the trade register and, where appropriate, issue an extract or inform the entrepreneur of the rectification of the registration. ';
35. in Paragraph 55 (2), the words "giving an opinion on the award of a concession" are replaced by the words "having jurisdiction to deliver an opinion."
36. In Paragraph 56, the sentence "If an entrepreneur fails to comply with the notification requirement of paragraph 1, and the trade office shall be shown to change the data, it shall enter it in the trade register without undue delay."
37. In Article 56, paragraphs 5 and 6 are added:
"(5) If the place of residence of the entrepreneur and of the entrepreneur is changed, it shall not be obliged to notify the change of place of business to the trade office when the place of residence is changed.
(6) In order to correct the incorrect entry of the change or the addition of the data to the trade repository, the trade office shall apply the provisions of § 54 (4) or § 47 (11) accordingly. '
38. in Paragraph 57 (1) (a):
"(a) the death of an entrepreneur, if not the cases referred to in Paragraph 13,"
39. In Paragraph 57 (2), the words "if the period for which the trade licence has been restricted has expired. If that period has not yet expired, the business licence shall cease to exist in accordance with paragraph 1 (c) '.
40. in Article 58 (1), the word "or" shall be added at the end of point (b).
41. in Paragraph 58 (1) (d):
"(d) the entrepreneur shall not prove the legal reason for using the premises under Paragraph 31 (2)."
42. Paragraph 58 (4) and (5) read as follows:
"(4) The Trade Authority shall suspend the operation of the trade in an establishment where, when the trade in that establishment is carried out, the trade in that establishment is seriously infringed or the obligations laid down by this Law or by specific legislation are infringed.
(5) The Trade Licensing Office shall, at the request of the Entrepreneur, revoke the trade licence on the date notified to it by the Entrepreneur, but first on the date of receipt of the request. If the date of cancellation is not stated by the entrepreneur, the trade licence shall be revoked on the date on which the decision of the trade office becomes final. ';
footnote 38 is deleted.
43. In the second sentence of Article 58 (6), the word "operation 'shall be inserted after the word" suspension'.
44. In Paragraph 59, the words "trade" or "operation of a travel agency" are replaced by "travel agency or travel agency" and the words "European Communities" are replaced by "European Union."
45. in Paragraph 60 (2) (d):
"(d) the establishment (s) in which the business is operated, with the exception of automatic machines and mobile establishments, with the information referred to in Article 17 (5) (d) and (e), including the establishment identification number and, where appropriate, the information referred to in Article 58 (4),";
46. in Paragraph 60 (2), the word "period" shall be inserted at the beginning of point (g).
47. In Article 60, at the end of paragraph 2, the dot is replaced by a comma and the following points (p) and (q) are added:
"(p) the person continuing the business of the deceased businessman; the data relating to that person shall be recorded appropriately in accordance with point (a);
(q) failure to comply with the conditions of business operation pursuant to § 10 (5), § 47 (8) and § 52 (2). '
48. In Paragraph 60 (7) of the Introductory Part of the provision, the words "proceedings before a trade office and for needs' are inserted after the words" for needs'.
49. In Paragraph 60, at the end of paragraphs 9 and 10, the dot is replaced by a comma and the following point (h) is added:
"(h) waiving or restricting legal capacity."
50. In Paragraph 60b, the sentence "The inspection shall be carried out by delegation in the form of a written mandate or in the form of a licence 'is inserted after the first sentence.
51. in Paragraph 60d (2):
"(2) The appeal against the decision referred to in paragraph 1 shall not have suspensory effect.";
52.Paragraph 60d (3) is deleted.
53.Paragraph 61 (1) reads as follows:
"(1) A natural person commits an offence by:
(a) as a person referred to in Article 13 (1) (b), (c) or (e), in breach of Article 13 (2), shall not appoint a responsible representative; or
(b) as an estate manager or insolvency administrator in breach of Article 13 (4), it shall not notify that it intends to continue the business or shall not appoint a responsible agent. ";
54. in Article 62 (1) (f), the words "shall not ensure that an establishment is eligible for business activity, or" shall be deleted.
55. in Paragraph 62 (1) (j):
"(j) in contravention of Paragraph 31 (2), it shall not indicate the place of business, registered office or organisational component of the undertaking;"
56. In Paragraph 64 (5), the word "law 'is deleted and the words" paragraphs 1 to 3' are added at the end of the text of the paragraph.
57. in Paragraph 69a (1), the words "national" shall be replaced by the words "citizen" and the words "49 and the following Treaties establishing the European Community" shall be replaced by the words "56 and the following Treaties on the Functioning of the European Union";
58. in Article 69a (2), the words "49 to 55 of the Treaty establishing the European Community" shall be replaced by "56 of the Treaty on the Functioning of the European Union";
59. in Paragraph 69a (3), the words "nationals" shall be replaced by the words "citizens."
60. In the first sentence of Article 70 (1), the words "as a national of a Member State of the European Union and a national of a Member State of the European Union 'are replaced by the words" as a citizen of a Member State of the European Union and as a family member of the European Union' and the words "and a national 'are replaced by the words" and a citizen'.
(61) In Paragraph 78 (1), the words "within the same time limit, the operator shall be informed of the assigned establishment identification number" shall be deleted.
62. Paragraph 78 (2) is deleted and paragraph 1 is deleted.
63. In Annex No 2 LIABILITIES LIABILIVED for the subject of "Childcare under three years of age under daily regime ', in the second column, the text reads:
'(a) professional competence to pursue the profession of general nurse or medical assistant or nurse or midwife or paramedic under special legislation *); or
(b) professional competence to pursue the profession of social worker or worker in social services under special legislation * *); or
(c) professional qualifications for the profession of a teacher of a parent school under special legislation (* *); or
(d) professional qualifications for nanny activities for children until compulsory education is started under special legislation * * * *); ';
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 healthcare and amending certain related laws (Law on non-medical medical professions), as amended
* *) Act No. 108 / 2006 Coll., on Social Services, as amended
* * *) Act No. 563 / 2004 Coll., on pedagogical workers and on the amendment of certain laws, as amended
* * * *) Act No. 179 / 2006 Coll., as amended. "
64. In Annex 3 TO CONCESSIVE LIFE for the subject-matter of "Implementation of Shredding and Fireworks' in the second column in point (a), the words" and age of at least 21 years' and in point (b) "and age of at least 24 years' are deleted.
65. In Annex 5, the list of trades the performance of which the entrepreneur is obliged to ensure only by natural persons who fulfil the professional competence and competence for the pursuit of these activities, for the trade "Child care under three years of age in daily mode 'in the second column of the text reads:
"(a) professional competence to pursue the profession of general nurse or medical assistant or nurse or midwife or paramedic or general medical practitioner under special legislation *); or
(b) professional competence to pursue the profession of social worker or worker in social services under special legislation * *); or
(c) professional qualifications for the profession of a teacher of a parent school under special legislation (* *); or
(d) a professional qualification for the activity of a nanny for children until compulsory education is started under special legislation * * * *), or
(e) proof of performance of three years' experience in the field in an independent capacity (Sections 2 and 23 of the Commercial Code) or in an employment relationship; or
(f) evidence of recognition of professional qualifications under special legislation * * * * *) ';
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 healthcare and amending certain related laws (Law on non-medical medical professions), as amended
* *) Act No. 108 / 2006 Coll., on Social Services, as amended
* * *) Act No. 563 / 2004 Coll., on pedagogical workers and on the amendment of certain laws, as amended
* * * *) Act No. 179 / 2006 Coll., as amended
* * * * *) Act No. 18 / 2004 Coll., as amended. "
Transitional provisions
1. If an entrepreneur died before the date of entry into force of this Act, the persons referred to in § 13 (1) (b), (c) or (e) of Act No. 455 / 1991 Coll., as effective before the date of entry into force of this Act, are entitled to continue to pursue the business until the end of the succession proceedings on the basis of the authorisation of the deceased entrepreneur. This fact must be notified within 3 months of the date of entry into force of this Act to the Trade Office if it did not do so before the date of entry into force of this Act. After the expiry of that period, the business authorisation of the deceased entrepreneur shall cease on the date of his death unless he continues to pursue the business of the estate manager or insolvency administrator.
2. If, before the date of entry into force of this Act, the persons referred to in § 13 (1) (b), (c) or (e) of Act No. 455 / 1991 Coll., as effective before the date of entry into force of this Act, have notified the persons referred to in § 13 (1) (b) or (e) of Act No. 455 / 1991 Coll., as effective before the date of entry into force of this Act, they may continue to trade under the conditions laid down in § 13 (4) of the Act No. 455 / 1991 Coll.
3. Proceedings initiated before the date of entry into force of this Act shall be completed in accordance with legislation which is more favourable to entrepreneurs.
Amendment of the Administrative Charges Act
Act No. 100 / 2009, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 2011, Act No. 100 / 2008, Act No. 2011, Act No. 2011, Act No. 100, Act No. 2011, Act No. 100, Act No. 2011, Act No. 100, Act No. 2011, Act No. 2011, No 2011, Act No. 2011, Act No. 100, No 2011, Act No. 2011, No. 2011, No. 2011, No. 100, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011,, Act No. 19 / 2012 Coll. and Act No. 37 / 2012 Coll., under item 24, "The subject of the charge is not the subject of the charge ', point 4 is deleted and point 5 becomes point 4.
Amendment to the sickness insurance law
In Section 91a of Act No. 187 / 2006 Coll., on sickness insurance, as amended by Act No. 305 / 2008 Coll., the words "if these persons do so in connection with the declaration of trade, the application for a concession or in connection with the fulfilment of the obligation to notify under the Trade Act 'are deleted.
EFFECTIVE
This Act shall take effect on 30 June 2012.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 169 / 2012 Coll., amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.05.2012 |
|---|---|
| Effective from | 30.06.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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