Act No. 286 / 1995 Coll.
Act amending and supplementing Act No. 455 / 1991 Coll., on Trade Business (Trade Business Act), as amended, and Act No. 570 / 1991 Coll., on Trade Business Offices
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Law
Effective from 01.01.1996
Text versions:
01.01.1996
08.12.1995
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286
THE LAW
of 1 November 1995
amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Trade Act), as amended, and Act No. 570 / 1991 Coll., on Business Offices
Parliament has decided on this law of the Czech Republic:
Act No. 455 / 1991 Coll., on business (Trade Act), as amended by Act No. 231 / 1992 Coll., Czech National Council Act No. 591 / 1992 Coll., Act No. 273 / 1993 Coll., Act No. 303 / 1993 Coll., Act No. 38 / 1994 Coll., Act No. 42 / 1994 Coll., Act No. 136 / 1994 Coll., Act No. 200 / 1994 Coll. and Act No. 237 / 1995 Coll., is amended as follows:
1. Paragraph 3, including Notes 1), 2), 2a), 2b), 3), 5), 5a), 6), 8), 8a), 8b), 9), 10), 11), 12), 12a), 12b), 13) to 22), 22a), 22b), 23), 23a), 23b), 23c) and 23d) shall read as follows:
(1) The life is not:
(a) the pursuit of an activity reserved for the law of the State or for a legal person, 1)
(b) the exploitation of the results of intellectual creative activity protected by special laws, their authors or authors, 2)
(c) the exercise of collective management of copyright and related copyright rights under a specific regulation. (2a)
(2) Furthermore, the activity of natural persons within the scope of specific laws is not a function of livelihood:
(a) physicians, pharmacists, dentists, psychotherapists, clinical loopeds, clinical psychologists and medium-sized health professionals, with the exception of optics and prosthetics, 2b)
(b) veterinary surgeons, other veterinary staff, including veterinary sanitation staff and persons performing professional work in breeding and breeding activities in livestock farming, 3)
(c) lawyers, 4) commercial lawyers, 5) notars5a) and patent representatives, 6)
7)
(e) auditors 8) and tax advisors, 8a)
(f) exchange negotiators and brokers, 8b)
(g) brokers and arbitrators of collective disputes, 9)
(h) officially authorised surveyors. 10)
(3) Furthermore, the livelihood is not:
(a) bank activity, (11) insurance companies, (12) pension funds, (12a) savings and credit cooperatives, (12b) stock exchanges, organisers of over-the-counter markets, securities dealers (8b) and the provision and management of collective holdings, (13)
(b) the organisation of lotteries and other similar games, 14)
(c) mining and mining activities, 15)
(d) production of electricity, gas or heat and distribution of electricity, gas or heat to natural or legal persons, provided in the public interest, 16)
(e) agriculture, including the sale of unprocessed agricultural products for processing or resale;
(f) the sale by natural persons of unprocessed plant and animal products from small-scale farming, farming and forest crops;
(g) maritime transport and sea fishing, 17)
(h) rail operation and rail transport, 18)
(i) establishment and operation of a single telecommunications network, 19)
(j) manufacture of medicinal products for human and veterinary use and medical devices for their manufacture, 20)
(k) manufacture, import, export and disposal of psychotropic and narcotic substances, 21)
(l) State testing, 22)
(m) foreign trade in military material, 22a)
(n) State occupational safety and technical equipment expert supervision, 22b)
(o) broadcasting, 23)
(p) offering or providing services directly aimed at satisfying sexual needs;
(r) employment mediation, 23a)
(s) the activity in which they are designed, designed, assessed, manufactured, built, put into service, operated, repaired, maintained, reconstructed and decommissioning nuclear installations;
t) preparation of selected nuclear personnel, 23b)
(u) operation of technical inspection stations, 23c)
(v) education and training in primary schools, secondary schools, special schools and universities. 23d)
1) Sections 1 and 2 of Act No. 222 / 1946 Coll., on Post Office (Postal Act), as amended by Act No. 86 / 1950 Coll. and Act No. 88 / 1950 Coll. § 3 and 6 of Act No. 63 / 1950 Coll., on the Treatment of Tobacco, Salt and Lime Management and on the Elimination of State Financial Monopolies.
2) Act No. 527 / 1990 Coll., on inventions, designs and improvements, as amended by Act No. 519 / 1991 Coll. Act No. 35 / 1965 Coll., on Works of Literary, Scientific and Artistic (Copyright Act), as amended. Act No. 529 / 1991 Coll., on the protection of topography of semiconductor elements. Act No. 478 / 1992 Coll., on utility models.
2a) Act No. 237 / 1995 Coll., on the collective management of copyright and related rights and on the amendment and addition of certain laws.
2b) Act No. 20 / 1966 Coll., on the Care of People's Health, as amended. Act ČNR No. 220 / 1991 Coll., on the Czech Medical Chamber, Czech Dental Chamber and Czech Pharmacy Chamber, as amended by Act No. 160 / 1992 Coll.
3) Article 25 (1) of Act No. 87 / 1987 Coll., on Veterinary Care, as amended.
4) Act ČNR No. 128 / 1990 Coll., on advocacy.
5) Act No. 209 / 1990 Coll., on commercial lawyers and legal assistance provided by them.
5 (a) Act No. 358 / 1992 Coll., on notaries and their activities.
6) Act No. 237 / 1991 Coll., on Patent Representatives, as amended by Act No. 14 / 1993 Coll.
8) Act ČNR No. 524 / 1992 Coll., on auditors and Chamber of Auditors of the Czech Republic.
8a) Act ČNR No. 523 / 1992 Coll., on tax consultancy and Chamber of Tax Advisers of the Czech Republic.
8b) ČNR Act No. 591 / 1992 Coll., on Securities, as amended. Act No. 229 / 1992 Coll., on Commodity Exchange, as amended. Act No. 214 / 1992 Coll., on the Stock Exchange, as amended by Act No. 216 / 1994 Coll.
9) Sections 11 and 13 (1) of Act No. 2 / 1991 Coll., on collective bargaining, as amended by Act No. 519 / 1991 Coll.
10) Act No. 200 / 1994 Coll., on surveying and amending and supplementing certain laws related to its implementation.
11) Act ČNR No. 6 / 1993 Coll., on the Czech National Bank, as amended by Act No. 60 / 1993 Coll. Act No. 21 / 1992 Coll., on Banks, as amended.
12) Act No. 185 / 1991 Coll., on Insurance, as amended.
12a) Act No. 42 / 1994 Coll., on supplementary pension insurance with a State contribution and on amendments to certain laws related to its implementation.
12b) Act No. 87 / 1995 Coll., on savings and credit cooperatives and certain measures related thereto and on supplementing the Act No. 586 / 1992 Coll., on Income Taxes, as amended.
13) For example, Paragraph 25 (1) (b) of Act No. 92 / 1991 Coll., on the terms of the transfer of State assets to other persons, as amended.
14) Act No. 202 / 1990 Coll., on Lottery and other similar games, as amended by Act No. 70 / 1994 Coll.
15) § 2 and 3 of the ČNR Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended.
16) Act No 222 / 1994 Coll., on the Terms and Conditions of Business and on the Performance of State Administration in the Energy Sector and on State Energy Inspection.
17) Act No. 61 / 1952 Coll., on maritime navigation, as amended by Act No. 42 / 1980 Coll. Ordinance of the Minister for Transport No 75 / 1953 Coll., implementing certain provisions of the Maritime Navigation Act.
18) Paragraph 60 (3) of Act No. 266 / 1994 Coll., on Railways.
19) Act No. 110 / 1964 Coll., on Telecommunications, as amended.
20) Paragraph 62 (3) (a) of Act No. 20 / 1966 Coll., as amended. Decree of the Ministry of Health of the Czech Republic No. 284 / 1990 Coll., on good manufacturing practice, quality management of human medicines and medical and packaging equipment. Act No. 87 / 1987 Coll., as amended. Decree of the Ministry of Agriculture and Nutrition of the Czech Republic No. 86 / 1989 Coll., authorising the verification, production, import and putting into circulation, use and control of veterinary medicinal products.
21) Sections 34 and 35 of the Decree of the Government of the Czech Republic No. 192 / 1988 Coll., on poisons and certain other harmful health substances, as amended.
22) Act No. 30 / 1968 Coll., on State Testing, as amended.
22a) Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and on Addition to Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended.
22b) Act No. 174 / 1968 Coll., on State Professional Safety Supervision, as amended.
23) Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, as amended.
23a) Act No. 1 / 1991 Coll., on Employment, as amended. Act ČNR No. 9 / 1991 Coll., on Employment and Jurisdiction of the Bodies of the Czech Republic on Employment, as amended.
23b) Act No. 28 / 1984 Coll., on State supervision of nuclear safety of nuclear installations.
23c) Act No. 38 / 1995 Coll., on technical conditions of road traffic of road vehicles.
23d) Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended. '
2. In the first sentence of Article 4 (1), the word "housing 'is replaced by" flats', after the words "if they are in addition to the lease ', the word" lessor' and the words "rental 'are replaced by the words" ensuring the proper operation of real estate, flats and non-residential premises'.
3. Paragraph 4 of paragraph 2 is deleted and paragraph numbering is deleted.
4. Article 5 (2), (3) and (4), including Notes 24) and 25) shall read as follows:
"(2) A natural or legal person residing or having its registered office outside the territory of the Czech Republic (hereinafter referred to as" foreign person ") may engage in business in the territory of the Czech Republic under the same conditions and to the same extent as the Czech person, unless there is something else in this or special law. For the purposes of this Act, a natural person residing or having its registered office in the Czech Republic shall be regarded as a Czech person. For the purposes of this Act, resident in the Czech Republic means permanent residence in its territory. 24)
(3) Where it is legally mandatory for a foreign person to submit documents confirming certain facts, this means the presentation of documents, including their certified Czech translation, unless this or the special law implies otherwise. The authenticity of the signatures and the stamp on the original of the documents submitted shall be verified.
(4) A natural person who has been granted refugee status under special regulations, 25) may engage in business under the same conditions as a citizen of the Czech Republic residing in the Czech Republic.
24) § 7 of Act No. 123 / 1992 Coll., on the residence of foreigners in the Czech and Slovak Federal Republic. Act No. 135 / 1982 Coll., on the reporting and registration of residents.
25) Act No. 498 / 1990 Coll., on Refugees, as amended by Act No. 317 / 1993 Coll. '.
5. Paragraph 5 is deleted.
6. Article 6 (3) reads as follows:
"(3) In the case of a legal person, the general conditions referred to in paragraph 1 shall be met by a natural person acting as a responsible representative (§ 11 (5)) and by a responsible agent, if established. '
(7) Article 6 (4) is added as follows:
"(4) The integrity of a foreign natural person shall be demonstrated by both the commercial office and the corresponding documents issued by the State of which the natural person is a citizen, as well as by the countries in which he has remained continuously for the last three years (more than three months). ';
8.
"(2) If it is not possible to demonstrate professional or other competence by means of a document issued to one natural person, it may be demonstrated by means of a document issued to the entrepreneur by the competent expert authority in accordance with specific provisions. 22b) '.
9. The following Section 7a is inserted after Section 7:
Industrial business operation
(1) The livelihood is carried out in an industrial way, if it is an activity
(a) involving, in a single work process, several partial activities which in themselves fulfil the characteristics of trade;
(b) making use of the organisational separation of the performance of partial work, procedures or operations, in particular from management and business work, and the breakdown by profession of such work, process or operation.
(2) The business of the business shall be decided in an industrial manner on the basis of a proposal by the entrepreneur and on presentation of the necessary documents by the trade office authorised to issue a trade licence for the business of the business of the business of the industry. In the proposal, the subject matter of the business must be defined with sufficient certainty and clarity, while the appellant is not bound by the names of trades in accordance with Annexes 1 and 2 to this Act. Refusal of a business proposal to operate the reporting business in an industrial manner does not affect the establishment of the right to operate the business. After the legal power of the decision to reject the company's proposal for the operation of the reporting business, the business office proceeds according to § 47 et seq of this Act.
(3) The licence to operate the business in an industrial way shall include an authorisation to carry out all activities which are intended to produce the final product or provide the service and which are only a sub-element of the technological process.
(4) For reporting trades operated in an industrial manner, the demonstration of professional competence is not required to obtain a trade licence. The entrepreneur shall be responsible for the professional competence of the business and shall be obliged to ensure that the business is carried out by persons who meet the requirements of professional competence in accordance with Sections 21 and 22 and Annex 2, unless otherwise provided by a separate law. The entrepreneur shall keep records of persons meeting the requirements of professional competence and shall keep copies of the documents proving such competence for at least three years.
(5) Any changes to the characteristics (paragraph 1) characterising the operation of the business in an industrial manner shall be notified by the entrepreneur at the latest within one month of their origin to the trade office. At the same time as this notification, the entrepreneur shall also submit documents demonstrating compliance with the specific conditions, if required by this law.
(6) On the basis of the documents submitted, the trade mark office shall decide whether to change the trade mark or suspend the business or revoke the trade licence. Where a change in the characteristics of the activity of the trade is made in an industrial manner, the case shall be referred without delay to the competent trade office. ';
10. in Paragraph 8 (4), the words "National Council" and the second sentence shall be deleted.
11. in Article 8 (5), the following shall be inserted after the word "trade": "in the field or related to the field (§ 22 (3))."
12. Notes No 26), 27) and 28) read as follows:
"26) Part of Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended.
27) Article 5 of Act No. 328 / 1991 Coll., as amended.
28) Act No. 200 / 1990 Coll., on Infringements, as amended. '
13. in Article 10 (1) (a), after the words "this date" the comma shall be replaced by a semicolon and the following words shall be added: "However, this shall not apply in the cases referred to in the last sentence of Paragraph 47 (5) and in paragraph 6,"
14. in Paragraph 10 (1) (b), the words "service of the concession instrument" shall be replaced by the words "acquisition of legal authority in the decision granting the concession."
15. In Paragraph 10 (2) (a), the following words shall be deleted at the end of the word "service" and the following words shall be added:
16. In Article 10, the following paragraph 3 is inserted after paragraph 2:
"(3) The licence may also be replaced by a certificate issued by the business office at the request of the entrepreneur. The certificate shall contain the following particulars:
(a) in the case of a natural person, its name, surname, birth number, otherwise assigned, date of birth, trade name, place of business, subject of business and identification number;
(b) in the case of a legal person, the name, registered office, business subject matter, identification number, name and surname of the person authorised to act on behalf of the legal person;
(c) the registration number of the trade certificate or concession certificate. ';
Paragraphs 3 to 7 shall be renumbered paragraphs 4 to 8.
17. In Article 10, in the newly designated paragraph 6, the words "paragraphs 3 and 4 'are replaced by the words" paragraphs 4 and 5' and the following sentence is added at the end of the paragraph: "Validity of the trade licence or concession certificate shall cease to exist by failing to comply with the conditions laid down in this paragraph '.
18. Article 11 (1) and (2) read:
"(1) The entrepreneur may conduct the business through a responsible representative. The agent responsible shall be a natural person appointed by the entrepreneur, who shall be responsible for the proper operation of the business and for compliance with the business law.
(2) The responsible representative must comply with both general and special conditions of business activity (Sections 6 and 7) and must demonstrate the knowledge of the Czech language, not of a citizen of the Czech Republic, through an interview before the trade office. Knowledge of the Czech language will prove if
(a) be able to respond fluently and correctly to questions relating to the normal situations of daily life;
(b) be able to make an oral statement of the content of the text from the daily press.
Obligation to prove knowledge of the Czech language does not apply to a citizen of the Slovak Republic. "
19. in Paragraph 11 (3), "residence" is replaced by "residence."
20. Article 11 (4), (5), (6) and (7) read as follows:
"(4) Where an entrepreneur is a legal person, he shall appoint a responsible representative, unless otherwise provided for in this law.
(5) The legal person responsible shall not appoint a representative if the statutory body or one of the members of the statutory body or, in the case of a foreign legal person, the management of the organisational unit located in the Czech Republic fulfils the specific conditions of business activity; it shall notify and document this fact to the trade office. In such cases, a natural person in the status of a statutory body or a member thereof, or the head of an organisational body of a foreign person, shall be responsible under this law. The responsible representative of a legal person may not be a member of the Supervisory Board or a member of another supervisory body of that legal person.
(6) If the entrepreneur is a natural person, he may appoint a responsible representative through whom he will operate the business. If an entrepreneur does not meet the specific conditions for the pursuit of the business (§ 7) or does not reside in the territory of the Czech Republic, he shall be obliged to appoint a responsible representative, unless otherwise provided for in this law. The foreign natural person shall not appoint a responsible representative if the head of his organisational unit located in the Czech Republic complies with the general and special conditions of business operation; it shall notify and document this fact to the trade office. The head of the organizational department located in the Czech Republic in this case shall act as responsible representative under this Act.
(7) The provisions of the agent responsible for the business of reporting, as well as the termination of his duties, shall be notified by the entrepreneur without delay and no later than five days after the date of the provision of the agent responsible or from the date of the termination of his duties to the trade office. The agent responsible may carry out his duties from the date of the establishment by the entrepreneur, provided that he fulfils the general and special conditions governing the operation of the reporting business. ';
21. In the second sentence of Paragraph 11 (8), the words "the decision of approval has been served" shall be replaced by the words "the decision has become final."
22. Article 11 shall be added to paragraph 12:
"(12) A natural person who maintains an obstacle to the operation of a trade pursuant to Article 8 of this Act may not be a responsible representative. The person responsible may not be a natural person whose trade licence has been revoked under § 58 (1) (a), (b) or § 58 (2), (3) and (4) of this Act for a period of one year from the legal authority of the decision to revoke the trade licence. '
23. in Article 13 (1) (d), the words "guardian to the management of an undertaking" and in paragraph 3, the words "guardian" shall be replaced by the words "administrator of the succession 29)."
24. Note 29) reads as follows:
"29) § 175e of the Civil Code."
25. Paragraph 13 (4) shall be replaced by a semicolon at the end of the period and the following words shall be added: "If he does not meet the particular conditions of business activity himself, he shall immediately appoint a responsible representative."
Article 26 (14), including the title, reads:
Continuing business in the transformation of a company or cooperative
(1) In converting a trading company or a cooperative into another form of a trading company or a cooperative, a new company or cooperative may, on the basis of the business authorisation of its legal predecessor, continue to pursue the business of the deceased company or cooperative for as long as necessary to obtain its own business authorisation if it fulfils both general and special conditions of business. The continuation of the trade shall be notified in writing to the trade office within 15 days of the date of the change, at the same time reporting the trade or submitting a licence application.
(2) The provisions of paragraph 1 shall apply mutatis mutandis when the company or cooperative is merged, merged or divided. ';
27. Paragraph 15 is deleted.
28.
(1) An establishment means the area in which the business is carried out. For the purposes of this Act, a stand and similar facilities, in particular sales, shall be considered an establishment.
(2) On the basis of a commercial licence, the business may be operated in several establishments. The opening and termination of the business in the establishment shall be notified in writing by the entrepreneur within 15 days to the trade office in whose territory the establishment is situated. The entrepreneur is obliged to ensure that the establishment is eligible for the pursuit of the business under the special rules, is properly identified (§ 31 (1) and (2)) and that, for each establishment, the person responsible for the activity of the establishment [§ 31 (2) (a)] is designated.
(3) The entrepreneur shall indicate in the notification referred to in paragraph 2:
(a) the trade name;
(b) identification number,
(c) registered office (place of business),
(d) the address of the establishment;
(e) the subject matter of the business in that establishment.
(4) The register of business establishments is kept by the trade office in whose territory the establishment is located and by the trade register. '
29. Paragraph 18 is deleted.
30. Paragraph 21, including Notes 30), 30a) and 31) shall read as follows:
Professional competence in the craft business shall be demonstrated:
(a) a certificate of education in the field or other evidence of the proper termination of the relevant teaching relationship in the field, 30)
(b) a training certificate in the field issued by an institution accredited by the competent national authorities to organise retraining courses and to issue certificates of qualification under special regulations, 30a)
(c) evidence of completed secondary vocational education in the field, 31)
(d) a certificate of graduation at a secondary vocational school in the field or at a secondary vocational school in the field or at a grammar school with subjects of vocational education in the field or in the extension studies in the field, 31); or
(e) a diploma or other evidence of graduate in the field.
30) For example, § 14 and 14a of Act No. 227 / 1859 of the Act No. 227 / 1859 of the Commercial Code, as amended, § 15 (1) to (5) of the Act No. 259 / 1924 Coll., the Commercial Act for the Territory of Slovakia and Podkarpatské Rusi, § 3 (2) of the Government Decree No. 186 / 1949 Coll., on the Provisional Training of Teachers, § 2 (1) of the Ministry of Education No. 22 / 1952 Coll., on the Rehabilitation of the Ministry of Education No. 5 / 1981 Coll., on the Final Apprendition of the Apprendition of the Apprendition (Apprendition Act No. 29 / 1984 Coll., as amended, Act of the Ministry of Education No. 5 / 1981 Coll.
30a) Decree of the Ministry of Labour and Social Affairs of the Czech Republic No. 21 / 1991 Coll., on closer conditions for ensuring the requalification of jobseekers and employees, as amended by the Order of the Ministry of Labour and Social Affairs of the Czech Republic No. 324 / 1992 Coll.
31) Sections 9 paragraphs 1 and 2 and 25 paragraphs 1 and 7 of Act No. 29 / 1984 Coll., as amended. '
31. Paragraph 22, including footnote 31a, reads as follows:
(1) The evidence of competence referred to in Section 21 may be replaced by:
(a) a certificate or other evidence of the proper termination of a teaching relationship or study in a related field and evidence of the performance of one year's experience in the field or evidence of the performance of three years' experience in the related field;
(b) evidence of successful completion of the qualification examination before a commission composed of representatives of the trade office, the relevant secondary vocational school or secondary vocational training centre, as well as the relevant trade community, if established; or
(c) evidence of six years' experience in the field.
(2) In the field of industry, the concept of basic or alternative services in the armed forces or civil service is also understood to be those provided that the work which is the subject of the relevant trade has been regularly carried out. Evidence of practice shall be provided by a written certificate issued by the competent authority of the armed forces or by a legal or natural person with whom the citizen was in replacement or civil service.
(3) Sectors using the same or similar working practices and expertise shall be considered related.
(4) The content content and method of carrying out the tests referred to in paragraph 1 (b) shall be laid down in a decree issued jointly by the Ministry of Economy and by ministries within the scope of which the sectors in which the trades are carried out are engaged. 31a)
31a) Decree of the Ministry of Economy of the Czech Republic, the Ministry of Industry and Trade of the Czech Republic, the Ministry of Education, Youth and Sports of the Czech Republic, the Ministry of Interior of the Czech Republic, the Ministry of Health of the Czech Republic and the Ministry of Agriculture of the Czech Republic No. 525 / 1992 Coll., to carry out qualification tests replacing professional qualifications for the operation of certain trades. "
32. § 25 reads:
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Regulation Information
| Citation | Act No. 286 / 1995 Coll., amending and supplementing Act No. 455 / 1991 Coll., on Trade Business (Trade Business Act), as amended, and Act No. 570 / 1991 Coll., on Trade in Business Offices |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.12.1995 |
|---|---|
| Effective from | 01.01.1996 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Commercial law
Business
The regulation text is for informational purposes only.
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