Act No. 214 / 2006 Coll.
Act amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and certain other laws
Valid
Effective from 01.08.2006
Contents
ČÁST PRVNÍ
Čl. I
㤠45a
ČÁST DRUHÁ
Čl. II
㤠2
ČÁST ČTVRTÁ
Čl. IV
㤠10a
㤠48d
㤠123g
ČÁST PÁTÁ
Čl. V
ČÁST ŠESTÁ
Čl. VI
㤠10a
ČÁST SEDMÁ
Čl. VII
ČÁST OSMÁ
Čl. VIII
§ 7
ČÁST DEVÁTÁ
Čl. IX
§ 9
ČÁST DESÁTÁ
Čl. X
ČÁST JEDENÁCTÁ
Čl. XI
ČÁST DVANÁCTÁ
Čl. XII
ČÁST TŘINÁCTÁ
Čl. XIII
ČÁST ČTRNÁCTÁ
Čl. XIV
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214
THE LAW
of 20 April 2006
amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Trade Act
Act No. 1 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 5 / 2004, Act No. 6 / 1997 Coll., Act No. 6 / 1997 Coll.
1. In Article 5, the following paragraph 7 is added:
"(7) A natural person who is not resident in the territory of the Czech Republic or another Member State of the European Union and is not a family member of a citizen of the Czech Republic or of a citizen of another Member State of the European Union may not engage in the trade referred to in the Decree of the Government issued pursuant to Paragraph 73a (4)."
2. Paragraph 6 (1) reads as follows:
"(1) The general terms and conditions for the pursuit of the business by natural persons, unless otherwise provided by this law, shall be as follows:
(a) reaching the age of 18;
(b) legal capacity;
(c) integrity,
(d) the fact that a natural person, if in the territory of the Czech Republic he is in business or business, does not have tax arrears on his personal account from that business;
(e) the fact that, if a natural person is in or is in the territory of the Czech Republic, he does not have arrears in respect of social security contributions and contributions to national employment policy;
(f) the fact that a natural person, when doing business or doing business in the Czech Republic, does not have arrears for insurance against public health insurance. "
3. In Article 6, the following paragraph 3 is added:
"(3) The facts referred to in paragraph 1 (d) and (e) shall be demonstrated by confirmation by the competent authority of the State administration or, if the certificate is not substantiated, by the trade office of the competent authority of the State administration or in the relevant public administration information system. The fact referred to in paragraph 1 (f) shall be substantiated by a declaration of honour. ';
4. in Article 10 (1) (a), "Article 47 (5)" is replaced by "Article 47 (6)" and "Article 47 (6)" is replaced by "Article 47 (7)."
5. In Article 11, the words "; this shall not apply if the trade licence has been revoked because the trade licence has not been operated for more than 4 years' shall be added at the end of the text of paragraph 3.
6. in Article 11 (4) (b):
"(b) an entrepreneur who is a legal person for trades requiring the fulfilment of specific conditions of business activity (Section 7), unless the reporting business is carried out in an industrial manner. The Czech legal person shall appoint a person who is its statutory body or its member and who fulfils the conditions for the performance of the duties of the responsible representative under this Act. The foreign legal person shall appoint an official representative of the management of the organisational body of the enterprise located in the territory of the Czech Republic, which fulfils the conditions for the performance of the function of responsible representative under this Act. If a representative cannot be appointed from among those persons, the entrepreneur shall appoint a representative from other persons. ';
7. In Paragraph 11 (4), the comma at the end of point (b) is replaced by a dot and point (c) is deleted.
8. In Article 13 (1), at the end of point (b), the words "or ', in point (c), the words" (b)' shall be replaced by the words "(c) '; at the end of point (c), the comma shall be replaced by the dot, point (d) shall be deleted and the following point (a) shall be added to the introductory part of paragraph 1, including footnote 29:
"(a) the maintains29),
29) Articles 175e and 175f of the Civil Code. § 480a to 480 of the Civil Code. '
Points (a) to (c) shall be renumbered (b) to (d).
9. in Article 13 (2) and (4), "(a) to (c) 'is replaced by" (b) to (d)';
10. in Paragraph 13 (3), "(d)" is replaced by "(a)";
11. In the last sentence of Paragraph 14, the words "pursuant to § 47 (5), § 47 (6) 'are replaced by the words" pursuant to § 47 (6), § 47 (7)'.
12. In Paragraph 31, the sentence "This register must be accessible at the place where the identification takes place and where the goods are located is added at the end of paragraph 4. '
13. in Article 31, paragraphs 12 and 13 read:
"(12) The business continuity over a period of more than 6 months shall be notified in advance to the business office. The business operation may be interrupted for a maximum period of 2 years. The performance shall be interrupted on the date of service of the notice of interruption to the trade office or on a later date specified in the notice.
(13) Continuation of the business before the expiry of the period for which the business has been interrupted in accordance with paragraph 12 shall be required by the entrepreneur to notify the business office in writing in advance. The business may be continued at the earliest on the date of notification of the continuation of the business of the trade office or at a later date specified in the notification. ';
14. The following Section 45a is inserted after Section 45, including footnotes 36b to 36g:
(1) A natural person, together with a declaration of trade or a licence application, may also:
(a) lodge an application for a tax registration or the relevant notification36b);
(b) notify the commencement of a self-employed activity (36c);
(c) lodge an application for pensions 36d),
(d) apply for sickness insurance 36e),
(e) to notify the creation of a vacancy or its occupancy (36f);
(f) to submit a notification under the Public Health Insurance Act 36g).
(2) The legal person, together with the declaration of trade or licence application, may also:
(a) lodge an application for a tax registration or the relevant notification36b);
(b) to notify the creation of a vacancy or its occupancy (36d).
(3) Reporting of trade or licence applications submitted pursuant to paragraphs 1 and 2 shall be made on a form issued by the Ministry of Industry and Trade.
(4) The Trade Union Office shall transmit:
(a) to the competent tax authority responsible for managing income tax, the data obtained pursuant to paragraph 1 (a) and paragraph 2 (a), the data obtained under paragraph 1 (b) to (d), the data referred to in paragraph 1 (e) and paragraph 2 (b) and the data obtained under paragraph 1 (f) to the relevant health insurance undertaking;
(b) the reporting agent or the applicant for a concession, his identification number for the payment of insurance premiums, the number of accounts for the payment of pension insurance premiums and the contribution to the state employment policy and sickness insurance premiums.
(5) An entrepreneur may also notify at the relevant trade office, within the time limit laid down by specific legislation, of the change in the particulars referred to in paragraphs 1 and 2, if he does so at the same time as the notification referred to in paragraph 49 (1) or 56 (1).
(6) The data referred to in the preceding paragraphs, including the notification of their amendments, shall be transmitted by the trade office to the competent authorities within 5 working days; This period shall start to run from the date of establishment of the trade authorisation or from the date on which the defects of the declaration or the notification of the change have been remedied. Such data may be transmitted in electronic form, also in a way that allows remote access.
36b) § 33 of Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended.
36c) § 48 of Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended.
36d) § 48a of Act No. 582 / 1991 Coll., as amended.
36e) § 145b (2) of Act No. 100 / 1988 Coll., on Social Security, as amended by Act No. 160 / 1995 Coll.
36f) § 35 paragraph 2 of Act No. 435 / 2004 Coll., on Employment, as amended by Act No. 214 / 2006 Coll.
36g) § 10a of Act No. 48 / 1997 Coll., on Public Health Insurance and amending and supplementing certain laws, as amended by Act No. 214 / 2006 Coll. '.
Footnotes 36c and 36d are renumbered as footnotes 36h and 36i, including the footnotes.
15. in Article 46 (1), in the introductory part of the provision, the words "unless otherwise provided for by the law" shall be inserted after the words "the declaration."
16. in Article 46 (1) (a) (3), the words "States in which he has remained continuously (more than 3 months) for the last 3 years" shall be replaced by "; the sentence of the second point (2) shall apply mutatis mutandis."
17. in Article 46 (1) (e):
"(e) a document proving the legal basis for the use of the premises in which he has placed his place of business, if different from his place of residence (Section 5 (2)), or the premises or premises in which an organisational component of an enterprise of a foreign person is located in the Czech Republic; proof of the legal basis for the use of the premises shall be sufficient to provide a written declaration by the owner of the property, apartment or non-residential space where the premises are located, or, where appropriate, a statement by the person authorised by the property, apartment or non-residential space, otherwise, that he agrees to the location; ';
18. in Article 46 (2) (d) and (e):
"(d) a document proving the legal reason for using the premises in which a legal person has its registered office in the territory of the Czech Republic, unless the registered address is already registered in a commercial register or other register, provided that the document is provided for by a special law as a condition of registration in that register; proof of the legal basis for the use of the premises is sufficient to provide a written declaration by the owner of the property, apartment or non-residential space where the premises are located, or, where appropriate, a statement by the person authorised by the property, apartment or non-residential space, otherwise, that he agrees to the location;
(e) a document proving the legal reason for using the premises in which an organisational component of an enterprise of a foreign person is located in the territory of the Czech Republic, unless the registered address is already registered in a commercial register or other register, provided that the document is provided for by a special legislation as a condition of registration in that register; proof of the legal basis for the use of the premises shall be sufficient to provide a written declaration by the owner of the property, apartment or non-residential space where the premises are located, or, where appropriate, a statement by the person authorised by the property, apartment or non-residential space, otherwise, that he agrees to the location; ';
19. In Article 46, the following paragraph 6 is added:
"(6) The Trade Bureau shall require the competent authorities to provide the confirmation referred to in Article 6 (1) (d) or (e) if they are not documented to declare trade. Furthermore, if it is not substantiated for the declaration of trade, the Trade Office shall, in accordance with the procedure laid down in Section 72, request an extract from the Register of Penalties, if this law so provides. Such data may be requested and transmitted in electronic form, also in a way that allows remote access. ';
20. in Article 47 (2) (f), "§ 5 (4)" is replaced by "§ 5 (5)";
21. in Paragraph 47 (4), the words "with the exception of the procedure laid down in Article 46 (6)" shall be inserted after the words "and 46."
22. In Paragraph 47, the following paragraph 5 is inserted after paragraph 4:
"(5) Where the trade office requests confirmation from the competent authority of the State or from the Register of Penalties or any other document needed to declare the trade, the time limit for the issue of the trade certificate shall not apply. This period shall not run from the date of dispatch by request until the date of receipt of the certificate or other document from that authority. The trade office shall inform the entrepreneur of this fact without undue delay. '
Paragraphs 5 to 11 shall be renumbered paragraphs 6 to 12.
23. In Paragraph 47 (9), the number "7 'is replaced by" 8', the words "or that the notifier has not fulfilled the conditions for the establishment of a trade authorisation 'are inserted after the word" no', and the number "6 'is replaced by" no'.
24. In Paragraph 47 (10), the words "or paragraph 5 'shall be inserted after the words" paragraph 4'.
25. in Article 48 (1), the words "(Article 60 (6))," and the Czech Statistical Office shall be inserted after the words "in the manner"; The copy of the trade certificate shall also be sent by the trade mark office "shall be replaced by" the Czech Statistical Office, "the words" the relevant health insurance undertaking, if known, "and the words" under § 47 (10) and (11) "shall be replaced by" § 47 (11) and (12). "
26. In Paragraph 48 (3), the words "pursuant to Paragraph 47 (11) 'are replaced by the words" pursuant to Paragraph 47 (12)' and the words "unless otherwise provided for in this Law 'are added at the end of the text of the paragraph.
27. in Paragraph 49 (4), the sentence "If no statement from the Register of Penalties of the responsible agent is supported and required by this law, the Trade Office shall proceed in accordance with § 72."
28.
"(1) Where the trade office finds that the application for a concession is not accompanied by documents confirming the facts referred to in Article 6 (1) (d) or (e) or an extract from the Register of Penalties, it shall proceed in accordance with Article 46 (6); during that period, the award procedure shall be suspended. If it finds that further requirements are not fulfilled, it shall invite the applicant within 30 days of receipt of the request to remedy the defects. The call shall set a reasonable time limit for their removal, but not less than 15 days. If there are serious reasons for doing so, the trade office may, on written initiative of the applicant, extend the period repeatedly. During the period specified in the invitation, the award procedure shall be suspended.
(2) If the applicant removes the defects within a specified or extended period, the trade office shall initiate the examination of the application. If the applicant does not remove the defects within the time limit, the trade office shall stop the proceedings. '.
29. in Paragraph 52 (3), the words "under § 47 (7) and (8)" shall be replaced by the words "under § 47 (8) and (9)";
30. in Article 53 (4), "§ 5 (4)" is replaced by "§ 5 (5)";
31. in Paragraph 56 (4), the words "Paragraph 27 (2)" shall be replaced by the words "Paragraph 27 (3)" and at the end of the paragraph the sentence "If no statement from the Register of Penalties of the Responsible Representative is supported and required by this Act, the Trade Office shall proceed in accordance with § 72."
32. in Article 58 (2), "(§ 5 (4))" is replaced by "(§ 5 (5))."
33. Paragraph 60 (1), including footnote 38c, reads:
"(1) The Trade Register is the information system of the public administration 38c), the administrator of which is the Živnodenský office of the Czech Republic and the operators are the municipal trade offices within the scope set out in paragraphs 2 to 6 and regional trade offices within the scope set out in paragraphs 4 and 5. The Trade Office of the Czech Republic enters into this information system additional data of a statistical and registration nature related to the operation of trades. To this end, information and data from other information systems and registers may be collected.
38c) Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws, as amended by Act No. 517 / 2002 Coll. '
34. in Paragraph 60 (3), the last sentence is deleted;
35. in Paragraph 60 (6):
"(6) The Trade Union Office shall provide the data from the Register to the authorities referred to in Article 48 in electronic form in a way which allows remote access."
36. in Article 60 (7) and (8), the words "central register of business39)" shall be replaced by "register."
37. in Article 65 (4) (b), the words "and documents" shall be inserted after the words "particulars."
38. In Section 72, the following sentence is added: "Requests for an extract from the Register of Penalties and an extract from the Register of Penalties may be transmitted in electronic form, also in a way that allows remote access. The administrator of the Register of Penalties shall issue an extract from the Register of Penalties pursuant to this provision within seven days of the date of receipt of the application. ';
39. in Article 73a, the following paragraph 4 is added:
"(4) In view of the labour market situation, the Government may, by regulation, establish a list of trades which cannot be carried out by the natural persons referred to in Section 5 (7). '
40. In Annex 1, Part A, in Group 101: Metals and Metallic Products, a new trade category "Underwear 'is inserted after the field of trade of Blacksmith.
(41) In Annex 1, Part A: Construction, a new field of trade "Paint, varnishing and painting" is added.
Amendment of the Commercial Offices Act
Act No. 570 / 1991 Coll., on Trade Unions, as amended by Act No. 286 / 1995 Coll., Act No. 132 / 2000 Coll., Act No. 320 / 2002 Coll. and Act No. 284 / 2004 Coll., is amended as follows:
1. Paragraph 2, including the title and footnotes No 5 to 5g, reads:
Municipal Trade Office
(1) The Municipal Trade Office carries out activities within the scope of the Trade Act (5), carries out other tasks laid down by specific legislation and as a central registration point
(a) accept applications for registration or notification pursuant to special legislation (5a) from persons carrying on business authorisation;
(b) accept notifications and notifications in the field of social security from natural persons operating under a trade licence, to the extent provided for by specific legislation5b);
(c) accept notifications of vacancies or vacancies from persons engaged in business authorisation 5c);
(d) accept the notification and reporting of natural persons engaged under a trade licence to health insurance undertakings to the extent provided for by specific legislation5d).
(2) The municipal trade office shall transmit, within a time limit laid down by special legislation5e) the submissions received pursuant to paragraph 1 to the competent administrative authorities 5f) which shall continue to comply with the relevant specific legislation. In so doing, the municipal trade office shall not assess the completeness or accuracy of such submissions.
(3) The municipal trade office is the operator of the trade register (5g).
5) Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended.
5 a) § 33 of Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended.
5b) § 10a of Act No. 582 / 1991 Coll., on the Organisation and Implementation of Social Security, as amended by Act No. 214 / 2006 Coll.
5c) § 35 of Act No. 435 / 2004 Coll., on Employment, as amended.
5d) § 10a of Act No. 48 / 1997 Coll., on Public Health Insurance and on the amendment and addition of certain related laws, as amended by Act No. 214 / 2006 Coll.
5e) § 45a (6) of the Commercial Act.
5f) § 45a (4) of the Commercial Act.
5g) § 2 of Act No. 365 / 2000 Coll., on Information Systems of Public Administration and on the amendment of certain other laws, as amended by Act No. 517 / 2002 Coll. '
2. in Article 3 (1) (a), the words "including the performance of the functions of central registration points," shall be inserted after the word "activity."
3. in Article 3 (1) (e):
"(e) is the operator of the trade register 5g), '.
4. in Article 5 (1) (e):
"(e) is the truster5g) of the trade register, '.
Amendment of the Act on the organisation and implementation of social security
Act No. 582 / 1991 Coll., as amended by Act No. 590 / 1992 Coll., Act No. 37 / 1993 Coll., Act No. 160 / 1993 Coll., Act No. 238 / 2000 Coll., Act No. 441 / 1994 Coll., Act No. 118 / 1995 Coll., Act No. 155 / 1999 Coll., Act No. 164 / 1999 Coll., Act No. 220 / 2000 Coll., Act No. 238 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 133 / 1999 Coll., Act No. 155 / 2000 Coll., Act No. 155 / 1999 Coll.
1. In Paragraph 3 (2), the words "and the municipal business offices (hereinafter referred to as the trade offices) 'shall be added at the end of the text.
2. In Article 6 (4), the words "and, at the end of point (y), issue a certificate to the trade office, at its request, within 7 days, stating that the trade repository or concession applicant does not have arrears on social security premiums and the contribution to the state employment policy 'shall be added.
3. the following Section 10a is inserted after Section 10, including the title and footnotes 32c and 32d:
Trade offices
(1) In the cases provided for in this Act, the trade authorities shall accept from self-employed persons who carry on a self-employed activity on the basis of an authorisation under the Trade Code 32c), a notification of the commencement of a self-employed activity, an application to participate in pension and sickness insurance, a write-off from participation in sickness insurance and a report under § 48 (1) (a) to (d).
(2) The trade authorities shall notify the competent social security administrations within the prescribed timeframe 32d.
(a) the facts referred to in paragraph 1, indicating the date on which those facts were disclosed to the trade mark office;
(b) the establishment or termination of an authorisation to engage in a trade, suspension or suspension, indicating the date on which such events occurred.
32c) § 9 (3) (b) of Act No. 155 / 1995 Coll., on Pension Insurance, as amended.
32d) § 45a (6) of Act No. 455 / 1991 Coll., on Business Enterprise (Trade Act), as amended by Act No. 214 / 2006 Coll. '
4. In Article 11, the following paragraph 5 is added:
"(5) Social security authorities and trade unions shall, within the limits of their competence, transmit to each other the information necessary to carry out social security for the persons referred to in Article 10a (1). Such data may be requested and transmitted in electronic form, also in a way that allows remote access. ';
5. In Article 14, at the end of paragraph 3, the dot is replaced by a comma and the following point (n) is added:
"(n) business offices for which the persons referred to in Article 10a (1) have submitted a notification of the commencement of a self-employment activity or an application to participate in a pension or sickness insurance scheme, the identification number of that person, the number of the accounts for the payment of pension insurance premiums and the contribution to the state employment policy and sickness insurance premiums and an indication of the amount of premiums or advances on sickness insurance premiums.";
6. The following Section 48d is inserted after Section 48c, including footnote 60a:
The person referred to in § 10a (1) may make the notification referred to in § 48 (1) (a) to (d) and the applications and applications referred to in § 48b (2) and (3) on the prescribed form 60a) at the competent trade office; the obligation to make such reports with the relevant district social security administration shall be deemed to have been fulfilled in this case.
60a) § 45a (3) of Act No. 455 / 1991 Coll., as amended by Act No. 214 / 2006 Coll. '
7. In Article 120a, the words "or, where appropriate, in specified cases (Article 48d), to the competent commercial office," shall be inserted after the words "social security."
8. The following Section 123g is inserted after Section 123f:
In the cases provided for in this Act (§ 48d), the persons referred to in § 10a (1) shall be issued after consultation with the Czech Social Security Administration. "
Amendment to the Employment Act
In § 35 of Act No. 435 / 2004 Coll., on Employment, the current text is renumbered as paragraph 1 and paragraph 2 is added, which includes footnotes No 32a and 32b:
"(2) The notice referred to in paragraph 1 may be made by the employer, in the case provided for in specific legislation32a), also at the local competent municipal trade office. The trade office shall transmit the notification to the competent workstation within the prescribed timeframe 32b).
32a) § 45a paragraph 1 (e) of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended by Act No. 214 / 2006 Coll.
32b) § 45a (6) of Act No. 455 / 1991 Coll., as amended by Act No. 214 / 2006 Coll. '.
Amendment to the Public Health Insurance Act
Act No. 48 / 1997 Coll., on Public Health Insurance and on the amendment and addition of certain related laws, as amended by Act No. 242 / 1997 Coll., Act No. 2 / 1998 Coll., Act No. 127 / 1998 Coll., Act No. 225 / 1999 Coll., Act No. 24 / 1999 Coll., Act No. 425 / 2004 Coll., Act No. 18 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 155 / 2000 Coll., Act No. 274 / 2003 Coll., Act No. 167 / 2000 Coll., Act No. 220 / 2002 Coll., Act No. 459 / 2002 Coll., Act No. 176 / 2002 Coll., Act No. 198 / 2002 Coll.
1. In Paragraph 10 (3), the sentence "An insurer who carries on a business licence shall fulfil this obligation even if the notification is made by the competent trade authority 17b)."
Footnote No 17b reads:
"17b) § 2 (1) (d) of Act No. 570 / 1991 Coll., on Trade Offices, as amended by Act No. 214 / 2006 Coll. '.
2. The following Section 10a is inserted after Section 10, including footnote 18a:
Contents
ČÁST PRVNÍ
Čl. I
㤠45a
ČÁST DRUHÁ
Čl. II
㤠2
ČÁST ČTVRTÁ
Čl. IV
㤠10a
㤠48d
㤠123g
ČÁST PÁTÁ
Čl. V
ČÁST ŠESTÁ
Čl. VI
㤠10a
ČÁST SEDMÁ
Čl. VII
ČÁST OSMÁ
Čl. VIII
§ 7
ČÁST DEVÁTÁ
Čl. IX
§ 9
ČÁST DESÁTÁ
Čl. X
ČÁST JEDENÁCTÁ
Čl. XI
ČÁST DVANÁCTÁ
Čl. XII
ČÁST TŘINÁCTÁ
Čl. XIII
ČÁST ČTRNÁCTÁ
Čl. XIV
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Regulation Information
| Citation | Act No. 214 / 2006 Coll., amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and certain other laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.05.2006 |
|---|---|
| Effective from | 01.08.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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