Act No. 289 / 2017 Coll.
Act amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended
Valid
Law
Effective from 30.09.2017
Text versions:
30.09.2017
15.09.2017
Zobrazeno prvních 200 z celkem 212 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
289
THE LAW
of 16 August 2017
amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Trade Act
Act No. 1 / 2006, Act No. 1 / 2006, Act No. 1 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 5 / 2006, Act No. 6 / 2006, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1999, Act No. 6 / 1996 Coll.
1. In Paragraph 5 (4), the words "national 'are replaced by the words" citizen'.
2. In Article 5 (5), the second sentence is replaced by the following: "The obligation to prove the document referred to in the first sentence shall not apply to a foreign natural person who intends to conduct a business in the territory of the Czech Republic through a fissile race24c)."
Footnote 24c reads:
"24c) § 503 of the Civil Code. '.
3. In Paragraph 5 (6), the words "granted asylum or supplementary 'are replaced by the words" granted international'.
4. In Paragraph 6, the following sentence is added at the end of paragraph 4: "Where a judgment has been given by a court of a foreign State, the trade office shall be entitled to request the submission of a copy of the final decision of the court from the person who declares the trade or who requests a concession. If that person does not submit a copy to the trade mark office within the prescribed time limit, it shall not have removed the defects of the declaration or licence application. In such a case, the Trade Office shall proceed in accordance with Article 47 (5) or Article 53 (2). '
5. In the first sentence of Article 7 (4), the words "plant or organisational component of a plant 'are replaced by the words" business plant ("plant') or fissile plant 'and in the second sentence the words" organisational component' are replaced by the words "fissile plant '.
6. In Article 7 (6), the words "special legislation25d) 'are replaced by the words" law governing the protection of personal data 25d)';
Footnote 25d reads:
"25d) Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended. '
7. in Article 8 (1) (a), the words "at the time the time limit under the special legislature26" shall be deleted;
8. In Article 8 (3) and (4), the words ", to notify the interruption of the business or to continue the business before the end of the period for which the business has been interrupted shall be inserted after the word" authorisation. "
9. In Article 8 (5), the words "a court or administrative authority shall impose a penalty or penalty on the prohibition of an activity relating to the pursuit of a trade in a branch or a related branch (§ 7 (4))," shall be replaced by the words "a prohibition on an activity," and the words "that trade" shall be replaced by the words "a trade within which the activity falls."
10. in Paragraph 8 (6), the introductory part of the provision reads: "Unless special legislation provides otherwise, it may not, for a period of 3 years from the date on which the decision to revoke the right to trade is taken, operate the same trade."
11. in Article 8, paragraph 7 is deleted;
12. in Paragraph 10 (1), the words "or similar" shall be inserted after the word "commercial."
13. in Paragraph 10 (3) (a), "4" is replaced by "5."
14. in Paragraph 10 (4), the words "the organisational components of their plant" shall be replaced by the words "their fissile plant."
15. in Article 11 (1), the word 'which' shall be replaced by 'which' and the word 'entrepreneur' shall be replaced by 'him';
16. in Article 11 (3):
"(3) A person who has been subject to a prohibition of activity may not, for the duration of that prohibition, be responsible for the trade in which the activity falls. A person who has been revoked of a trade licence pursuant to Paragraph 58 (2) or (3) may not be the agent responsible for the same trade activity for a period of 1 year from the date of the entry into force of the decision to revoke the trade licence. The responsible representative of a legal person may not be a member of the supervisory authority of that legal person. ';
17. in Article 11 (4) (b), the words "its statutory body or its member" shall be replaced by the words "a member of its statutory body" and the words "the organisational components of the plant located" shall be replaced by the words "the fissile plant located."
18. In Paragraph 13 (5), at the end of the first sentence, the words "or the trustee, where the property rights relating to the business of the business have been transferred to the trust fund by the acquisition of a death sentence 'shall be added.
19. in Article 17 (5) (c), the words "or its location" shall be inserted after the word "establishment."
20. In Article 17 (7), the words "located organisational component 'are replaced by the words" located fissile plant'.
21.
(1) The municipality may issue a market order in the form of a regulation of the municipalities 29f). In the market order, they shall define places for the supply and sale of goods (hereinafter referred to as "the sale of goods') and for the supply and provision of services (hereinafter referred to as" the provision of services') outside an establishment designated for that purpose by a decision, measure or other act required by the building law 29g. These places include markets and markets (hereinafter referred to as "markets').
(2) The municipality may define by market order:
(a) capacity and requirements for market facilities;
(b) the period of sale of goods and services in the marketplace;
(c) rules for maintaining purity and safety in the marketplace;
(d) the rules to be followed by the market operator to ensure its proper operation; or
(e) rules to be followed by the market operator to ensure the proper use of the market by persons with reduced mobility or orientation.
(3) Furthermore, the municipality may:
(a) divide the market by type of goods or services sold; or
(b) provide that the market rules do not apply to certain forms of sale of goods or the provision of services carried out outside the establishment.
(4) The municipality may provide, by Regulation 29f, that certain forms of sale of goods or services carried out outside the establishment are prohibited in the municipality or part thereof.
29f) § 11 (1) of Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended.
29g) Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended. '.
22. In the first sentence of Article 31 (2), the words "the organisational component of the plant if 'are replaced by the words" the split plant if' and in the second sentence of paragraph 11, the words "the organisational component of the plant 'are replaced by the words" the split plant'.
23. in Article 45 (2) (a), the word "address" shall be inserted after the words "citizenship," and the words "(name of the municipality, its parts, street name, descriptive or registered number, or, where appropriate, indicative number, postal code)" shall be deleted;
24. in Article 45 (2) (c) and (d):
"(c) foreign natural person name, surname or business name, birth number, date of birth, address of residence outside the Czech Republic, address of place of residence in the Czech Republic (if any), name and address of location of the fissile plant in the Czech Republic; If the responsible representative is a person residing outside the Czech Republic, he shall also indicate the address of his place of residence in the Czech Republic if he has been authorised to stay;
(d) the address of the registered office; ';
footnote 36a is deleted.
25. In Article 45, at the end of paragraph 2, the dot is replaced by a comma and the following point (k) is added:
"(k) where appropriate, the address for service by all trade unions.";
26. in Article 45 (3) (a):
"(a) a business firm or name, address of the registered office, with a natural person or with natural persons who are members of its statutory body or who are authorised to represent a legal person who is a member of its statutory body, name, surname, birth number, date of birth, address of residence or address of residence in the Czech Republic, where this has been authorised, date of establishment of the office, and, in the case of a legal person who is a member of its statutory body, business name or name, address of the registered office and identification number of the person, if assigned, and date of establishment; the information concerning the members of the statutory body is not provided by a legal person who is established by registration in the public register kept by the Registry Court (68) (hereinafter referred to as the" public register "). ';
Footnote 68:
"(68) Act No. 304 / 2013 Coll., on public registers of legal and natural persons and on the registration of trust funds, as amended. '
27. in Article 45 (3) (c):
"(c) the designation and address of the location of the fissile plant in the Czech Republic, if it is a foreign legal person; If the responsible representative is a person residing outside the Czech Republic, he shall also indicate the address of his place of residence in the Czech Republic if he has been authorised to stay, '.
28. In Article 45, at the end of paragraph 3, the dot is replaced by a comma and the following point (h) is added:
"(h) where appropriate, the address for delivery by all trade unions."
29. in Article 45a (1), point (a) shall be deleted;
Points (b) to (f) shall be renumbered (a) to (e).
30. in Article 45a (2), point (a) is deleted and the designation (b) is deleted;
31. in Paragraph 45a (3), the last sentence shall be deleted;
32. in Paragraph 45a (4), the words "to the competent tax authority" shall be replaced by the words "(d)," "(d)," "(a)," "(e)" shall be replaced by "(d)," "(b)" shall be deleted and "(f)" shall be replaced by "(e)."
33. The following Section 45b is inserted after § 45a:
(1) A person may, together with a declaration of trade or an application for a concession at a trade office, also make submissions containing the information required in the application for registration for income tax or for road tax.
(2) The trader may also make a submission at the trade office containing the information required in the notification of a change to the registration data relating to the registration of income tax or road tax.
(3) Submission containing the information required in the registration application or in the notification of a change to the registration data referred to in paragraphs 1 and 2 may only be made:
(a) electronically in the format and structure published by the Ministry of Industry and Trade; or
(b) orally to the Protocol.
(4) The trade office shall transmit the data referred to in paragraphs 1 and 2 to the competent tax administrator in electronic form in the format and structure published by the tax administrator for the registration application and for the notification of the change of registration data.
(5) The transmission of the data to the tax authority shall take place within 3 working days of the date on which the person referred to in paragraph 1 or 2 made a submission to the trade office containing such information.
(6) The transmission of data by the trade office to the tax administrator shall be treated as filing an application for registration or notification of a change to the registration data made by a person referred to in paragraph 1 or 2. ';
34. in Paragraph 46 (1) (a), "second" is replaced by "third."
35. in Article 46 (1) (e), the words "organisational component of the plant" shall be replaced by the words "split plant" and the words "this" shall be deleted;
36. in Paragraph 46 (1) (f), the words "organisational component of the plant" shall be replaced by the words "separation plant."
37. in Paragraph 46 (1), the words "or if the responsible representative has not sent the declaration to that authority, signed in a manner with which the specific legislation links the effects of the handwritten signature 69" shall be added at the end of point (g).
Footnote 69 reads:
"69) Paragraph 18 (2) of Act No. 300 / 2008 Coll., on Electronic Operations and Authorised Conversion of Documents, as amended. Article 6 (1) of Act No. 297 / 2016 Coll., on Trust Services for Electronic Transactions. '
38. in Paragraph 46 (2) (e), the words "or other public ones" shall be inserted after the words "except for commercial ones."
39. in Paragraph 46 (2) (g), the words "the organisational component of the plant" shall be replaced by the words "the split plant";
40. In Article 46 (2), at the end of point (h), the words "or if the responsible representative has not sent the declaration to that office, signed in a manner with which other legislation links the effects of the handwritten signature (69) 'shall be added.
41. In Paragraph 46 (6), the words "or if the trade office can verify these facts by means of a remote access free of charge from the register data 'shall be inserted after the word" registers'.
42. In Paragraph 47 (2) (a):
"(a) the name and surname, title or scientific rank, birth number, date of birth of the entrepreneur and address of his domicile, address of residence outside the Czech Republic, address of place of residence in the Czech Republic, if authorised, designation and address of location of the fissile plant in the Czech Republic, if established,"
43.In Paragraph 47 (2) (d):
"(d) the address of the registered office;"
44. in Article 47 (3) (a):
"(a) a business firm or name, address of the registered office, identification number of the person, if assigned, with a foreign person the designation and address of the location of the fissile plant in the Czech Republic,"
45. in Paragraph 48 (1), "6" is replaced by "7," the words "organisational components" are replaced by "severance payments" and "business register" is replaced by "public registers."
46. in Articles 49 (1) and 56 (1), the words "or other public ones" and the words "from a commercial register" shall be replaced by the words "public registers."
47. in Articles 49 (2) and 56 (2), the words "the second sentence" shall be deleted;
48. in Article 58 (2) and (3), the last sentence is deleted;
49. In Paragraph 58, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) The Trade Licensing Office shall revoke the trade licence if the foreign natural person whose right to conduct business in the Czech Republic is bound by a residence permit in the Czech Republic (§ 5 (5)) does not fulfil this condition.
(5) The Trade Licensing Office may revoke the business licence if the entrepreneur has not operated the business for more than 4 years; This does not apply if the entrepreneur has notified an interruption in the business as provided for in Paragraph 31 (11). ';
Paragraphs 4 to 6 shall be renumbered paragraphs 6 to 8.
50. In Paragraph 58, at the end of paragraph 7, the sentence "Where a procedure for the revocation of a trade licence pursuant to paragraph 2 or 3 is initiated, a decision to revoke the same trade licence may not be taken at the request of the trader before the decision to revoke the trade licence referred to in paragraph 2 or 3 has been taken."
51. In the first sentence of Paragraph 58 (8), the words "up to 4 'are replaced by the words" and 3 or the suspension of the business in an establishment referred to in paragraph 6'; at the end of the first sentence, the words "this period shall not be more than 1 year '; the sentence of the last sentence shall be replaced by the words" If the reasons for the suspension are not removed within a given period, the trade office shall, as the case may be, re-decide to suspend the business in the establishment or cancel the business authorisation of the entrepreneur'.
52nd Paragraph 60 (2) (a) reads as follows:
'(a) identification data;
1. natural persons name, surname, title or scientific rank, citizenship, address of residence, birth number, date of birth, identity number of person, business name, business name and registered office,
2. foreign natural persons, the data referred to in point 1, as well as the address of the place of residence in the Czech Republic, if authorised, the designation and address of the location of their fissile plant in the Czech Republic and the data referred to in point 7 concerning the head of that fissile plant,
3. the legal person is a commercial firm or name, address of the registered office, identification number of the person and the particulars referred to in points 5 and 6 concerning the members of its statutory authority;
4. foreign legal persons, including the name and address of the fissile plant located in the Czech Republic and the information referred to in point 7 concerning the head of the fissile plant;
5. a natural person who is a member of a statutory body of a legal person or a person entitled to represent a legal person who is a member of a statutory body, the name, surname, title or scientific rank, the address of residence or the address of the place of residence in the Czech Republic, the birth number, the date of birth, the date of birth and the expiry of the office;
6. a legal person who is a member of a statutory body, a company or a name, address of the registered office, person identification number, date of establishment and termination of the function,
7. the head of the fissile plant of a foreign person's name, surname, title or scientific rank, citizenship, address of residence or place of residence in the Czech Republic and address of residence outside the Czech Republic, birth number, date of birth, date of birth and termination of office,
8. Responsible representative name, surname, title or scientific rank, citizenship, address of residence or address of residence in the Czech Republic and address of residence outside the Czech Republic, birth number, date of birth, date of establishment and termination of his duties, "
53.In Article 60 (2) (d), "(d) and (e)" is replaced by "(c) and (d)" and "4" is replaced by "6."
54. in Paragraph 60 (2) (j):
"(j) the decision on bankruptcy, the decision that the debtor is not in bankruptcy, the decision on the method of resolution of bankruptcy and the decision to cancel the bankruptcy, the decision to comply with the restructuring plan or the essential parts thereof, the decision to settle the debt and the decision to terminate insolvency proceedings on the ground that the debtor's assets are not sufficient to satisfy the creditors."
55. in Paragraph 60 (2), the words "and the conditions for the operation of trade (§ 27)" shall be added at the end of point (n).
56. In Article 60, at the end of paragraph 2, the dot is replaced by a comma and the following point (r) is added:
"(r) the address for service pursuant to § 45 (2) (k) and § 45 (3) (h)."
57. in Article 60 (3) (a), the words "and (r)" shall be inserted after the words "(m)."
58. in Paragraph 60 (5):
"(5) Upon request, the trade mark office shall issue paper or electronic forms and, under the conditions referred to in paragraph 4, one person identified in the application from the trade mark register:
(a) the extract referred to in Article 47 (2) or (3); the extract shall be issued to the entrepreneur concerned;
(b) a complete statement relating to one person containing all the information referred to in paragraph 2;
(c) a partial statement relating to one person containing the information to the extent required;
(d) a certificate of registration or, where appropriate, a certificate of non-registration in the trade register. "
59. In Paragraph 60, the following paragraphs 6 to 9 are inserted after paragraph 5:
"(6) Upon request, the trade mark office shall issue, from the public part of the trade mark register, a paper or electronic file containing only basic business identification data, the name, surname or business name and, where appropriate, the name, address and identity of the person, and, where the applicant so requests, the subject matter of the business and the location of the establishment. The assembly shall contain the data valid on the date of processing of the assembly. The applicant shall not disclose or provide to a third party this set-up.
(7) An application for the provision of the assembly referred to in paragraph 6 may be lodged with the competent authority referred to in Article 71 (5) of this Law; the application must include, in addition to the procedural requirements laid down in the administrative rules, the scope of the required assembly.
(8) The assembly referred to in paragraph 6 shall be made available to the applicant within 30 days of the submission of the application. If a particularly large set-up is required, the deadline for granting it shall be extended by 30 days. If the trade office does not comply with the application, even partially, it shall, within the time limit referred to in the first sentence or, where applicable, the second sentence, issue a decision rejecting the application or, where applicable, part of the application.
(9) Data other than those referred to in paragraphs 4, 5 and 6 shall not be provided unless otherwise provided by this law. ';
Paragraphs 6 to 12 shall be renumbered paragraphs 10 to 16.
60. In Paragraph 60 (10), the last sentence of the sentence "paragraph 4 'is replaced by" and Paragraph 45b'.
61. In Paragraph 60 (11), the words "regional and municipal trade offices" shall be inserted after the words "authorities of the Czech Republic," and the words "trade offices," shall be replaced by the words "authorities of the Czech Republic," and the words "registers," shall be inserted after the words "and for the exercise of their supervisory powers under other legislation70";
Footnote No 70 reads as follows:
"70) For example, Act No. 40 / 1995 Coll., on the regulation of advertising and amending and supplementing Act No. 468 / 1991 Coll., on the operation of radio and television broadcasting, as amended, as amended, Act No. 634 / 1992 Coll., on Consumer Protection, as amended. '
62. In Section 60 (12) of the introductory part of the provision, the number "7 'is replaced by" 11'.
63.In Article 60 (12), the following point (e) is inserted after point (d):
"(e) the type and number of the identification document; ';
Points (e) and (f) shall be renumbered as points (f) and (g).
64. in Article 60 (13) and (14) of the introductory part of the provision, "7" is replaced by "11."
65.In Article 60 (16), the words "and to store" shall be inserted after the word "use."
66. in Paragraph 62 (1) (j), the words "organisational part of the plant" are replaced by the words "split plant."
67. Paragraph 67, including footnote 71, reads:
(1) An address on the territory of the Czech Republic is meant for the purposes of this Act a combination of address location data entered in the basic register of territorial identification, addresses and real estate 71). The address shall be entered in the trade register within the following limits:
(a) the name of the municipality or military retreat, in the capital city of Prague, after the name of the municipality, the city district number shall be indicated;
b) the name of the part of the municipality, in the capital of Prague the name of the cadastral territory,
(c) the postal code assigned to the address point;
(d) the name of the street where it is entered in the register of territorial identification, addresses and real estate;
(e) descriptive or registered number;
(f) the indicative number, if any, including the Appendix.
(2) The address outside the territory of the Czech Republic is entered in the trade register in the extent of the information by the name of the municipality and region, street and house number, postal code and state name.
71) Decree No 359 / 2011 Coll., on the basic register of territorial identification, addresses and real estate. '
68. In Article 71, the following paragraphs 5 and 6 are added:
"(5) The set referred to in Article 60 (6) shall be issued by the municipal trade office, the regional trade office or the Živnosten office of the Czech Republic according to its territorial competence. The set according to the address of the registered office shall be issued by the trade office in whose territory the entrepreneur resides. The assembly according to the location of the establishment shall be issued by the trade office in whose territory the establishment is situated. The set-up according to the subject-matter of the business shall be issued by the trade office in whose territory the registered office or place of business the entrepreneur with the required business is situated.
(6) Where the trade repository in the declaration or the applicant for the concession indicates in the application the address for service referred to in Article 45 (2) (k) or Article 45 (3) (h), all trade unions shall be obliged to deliver it to that address; This does not apply if this person has a data box. ';
69. In Article 72, at the end of the text of paragraph 1, the words "this shall not apply in the case of an application for a set-up pursuant to Article 60 (6) 'shall be added.
70. In Annex 2 to this Act, the "Processing of the draft catalogue data 'is deleted.
Transitional provisions
1. An entrepreneur who, at the date of entry into force of this Act, is entitled to operate a tied business "Processing of a draft catalogue data according to Act No. 455 / 1991 Coll., as effective before the date of entry into force of this Act," shall be entitled, from the date of entry into force of this Act, to operate the business of reporting free "Production, trade and services not listed in Annexes 1 to 3 to the Trade Act" in full. The Trade Office shall, within 5 days of the date of entry into force of this Act, record changes in trade in the trade register in which the trade "Production, trade and services not listed in Annexes 1 to 3 to the Trade Act 'shall indicate the field of activity" 60. Consulting and consulting activities, processing of expert opinions "and issuing an extract to the entrepreneur pursuant to § 47 (1) of Act No. 455 / 1991 Coll., as effective from the date of entry into force of the Act.
2. The issuing of the extract referred to in point 1 shall be exempt from the administrative fee.
Amendment of the Administrative Charges Act
In entry 24 of Part I of the Annex to Act No. 634 / 2004 Coll., on Administrative Charges, as amended by Act No. 130 / 2008 Coll., the following point (i) is inserted after point (h):
Contents
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 289 / 2017 Coll., amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.09.2017 |
|---|---|
| Effective from | 30.09.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0