Act No. 356 / 1999 Coll.
Act amending Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and certain other laws
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Law
Effective from 01.03.2000
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356
THE LAW
of 9 December 1999
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 to Act No. 455 / 1991 Coll., on Business Business
Act No. 455 / 1991 Coll., on business business (Trade Act), as amended by Act No. 231 / 1992 Coll., Act No. 591 / 1992 Coll., Act No. 273 / 1993 Coll., Act No. 303 / 1993 Coll., Act No. 157 / 1994 Coll., Act No. 38 / 1994 Coll., Act No. 42 / 1994 Coll., Act No. 136 / 1994 Coll., Act No. 200 / 1994 Coll., Act No. 15 / 1998 Coll., Act No. 237 / 1995 Coll., Act No. 49 / 1997 Coll., Act No. 61 / 1997 Coll., Act No. 79 / 1997 Coll., Act No. 147 / 1996 Coll., Act No. 19 / 1997 Coll.
1. in footnote 1, the words "Section 3 and 6 of Act No. 63 / 1950 Coll., on the treatment of tobacco, salt and alcohol and on the abolition of state financial monopolies" shall be deleted;
2. In Article 3 (1), the dot is replaced by a comma at the end of paragraph 1 and the following point (d) is added, including footnote 2b:
"(d) restoration of cultural monuments or parts thereof, which are works of art or works of art. 2b)
2b) Act No. 20 / 1987 Coll., on State Monument Care, as amended. '
footnote 2b shall be renumbered footnote 2c, including the footnote references in the text.
3. in Article 3 (2) (a), the words "natural healers," and the words "orthopaedic protectors, 2c) orthopaedic prosthetics and dental technicians shall be inserted after the words" natural healers, "and the words" orthopaedic prosthetics, "shall be inserted;
4. In Article 3 (2) (c), the words "commercial lawyers', including footnote 5, are deleted.
5. in Article 3 (2) (g), including footnotes 9 and 9a, the following shall be added:
"(g) intermediaries and arbitrators in the resolution of collective disputes 9) and arbitrators in the decision-making of property disputes, 9a)
9) Articles 11 and 13 (1) of Act No. 2 / 1991 Coll., on collective bargaining, as amended by Act No. 519 / 1991 Coll., Act No. 118 / 1995 Coll. and Act No. 155 / 1995 Coll.
9a) Act No. 216 / 1994 Coll., on Arbitration and Enforcement of Arbitration. '.
6. In Article 3 (3) (f), the words "and forest crops' are deleted.
7. in Paragraph 3 (3) (j), including footnote 20, the following shall be added:
"(j) research, production and distribution of medicines and the production, distribution and import of medical devices using nuclear energy or ionising radiation. 20)
20) Act No. 79 / 1997 Coll., on medicinal products and on amendments and additions to certain related laws. § 62 of Act No. 20 / 1966 Coll., on the Care of People, as amended by Act No. 548 / 1991 Coll. and Act No. 79 / 1997 Coll. Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionizing Radiation (Atomic Act) and on the Amendment and Addition of Certain Acts, as amended by Act No. 83 / 1998 Coll. Act No. 166 / 1999 Coll., on Veterinary Care and on the amendment of certain related laws (Veterinary Act). '
8. in Article 3 (3) (l), including footnote 22,
"(l) activity of authorised or accredited persons in the field of state testing, 22)
22) Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws. '
9. in Article 3 (3) (v), including footnote 23d,
"(v) education and training in schools, preschool and school establishments included in the school network, preschool and school establishments, Bachelor, Master and doctoral programmes under special legislation, 23d)
23d) Act No. 564 / 1990 Coll., on State Administration and Self-Government in Education, as amended. Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended. Act No. 76 / 1978 Coll., on school establishments, as amended. § 45 to 47 of Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education). '
10. in Paragraph 3 (3), the dot is replaced by a comma at the end of point (z) and the following point (aa) is added:
"(aa) the operation of publicly available exposure in museums and galleries subject to specific legislation. 23h)
23h) Act No. 54 / 1959 Coll., on Museums and galleries. '.
11. in Article 5, the following paragraph 4 is inserted after paragraph 3, including footnote 24a:
"(4) A foreign natural person who does not do business abroad and intends to do business on the territory of the Czech Republic must be permitted to do so (24a) in the territory of the Czech Republic, unless he is a citizen of a Member State of the European Union or of a country with which the Czech Republic has a contract which does not permit such a restriction or a citizen of the Czech Republic who does not reside permanently in the territory of the Czech Republic.
24a) Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws. "
Paragraph 4 shall become paragraph 5.
12. in Article 6 (1), at the end of point (c), the dot is replaced by a comma and the following point (d) is added:
"(d) the presentation of proof that a natural person does not have tax arrears against the territorial tax authorities of the State. The document shall be drawn up by the locally competent financial authority. 25a)
25a) Act No. 531 / 1990 Coll., on Territorial Financial Authorities, as amended. '
13. in Paragraph 6 (2), including footnote 25b,
"(2) For the purposes of this law, a person who has been convicted of a final sentence shall not be deemed to be righteous.
(a) for a criminal offence committed intentionally for an unconditional prison sentence of at least one year;
(b) for an offence committed intentionally, the nature of which is linked to an enterprise and which is not covered by point (a); or
(c) for a criminal offence committed out of negligence the nature of which is linked to the subject of business;
if he's not looked at as if he's not convicted. 25b)
25b) For example, § 60, 60a, 70 of the Criminal Act. '
14. Paragraph 6 (3) reads:
"(3) For a legal person, the general conditions referred to in paragraph 1 shall be met by the responsible representative. ';
15. In Article 6, the following sentence shall be added at the end of paragraph 4: "These documents may not be more than 3 months old."
16. in Article 7, the following paragraph 3 is added:
"(3) The entrepreneur shall ensure that only natural persons meeting the professional competence requirements laid down in this Regulation carry out the activities which are the content of the trade referred to in the Government Regulation issued pursuant to Paragraph 73a (2). The entrepreneur shall keep records of persons fulfilling the conditions of professional competence and shall keep copies of the documents proving such competence for at least 3 years from the date on which the activities are completed by such persons; it is obliged to comply with the obligations laid down in the specific legislation. (c)
25c) Act No. 256 / 1992 Coll., on the protection of personal data in information systems. '.
17. In the first sentence of Article 7a (2), the words "necessary 'shall be deleted and the words" proving the facts referred to in paragraph 1 (a) and (b) shall be inserted after the words "documents'.
18. In Paragraph 7a, the following paragraph 4 is inserted after paragraph 3:
"(4) Where one of the activities referred to in paragraph 3 requires a concession, the entrepreneur may only operate it if it has been awarded a concession for that activity. '
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
19. In Article 7a, the following paragraph 8 is added:
"(8) An annex to the licence for a trade licence operated in an industrial manner shall be a list of reporting trades defining, in accordance with paragraph 3, the scope of the trade licence. ';
20. In Paragraph 8, the following paragraph 4 is inserted after paragraph 3:
"(4) A natural or legal person whose assets have been declared bankrupt and the bankruptcy proceedings have not been completed may take action relating to the creation, modification or revocation of a business licence only with the written consent of the insolvency administrator. ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
21. in Paragraph 8 (6), "(Paragraph 22 (3))" is replaced by "(Paragraph 22 (4))";
22. In Article 10 (1), the words "with the exception referred to in paragraph 7" shall be inserted after the word "arises."
23. in Paragraph 10 (1) (a), the words "commencing trade" shall be replaced by the words "establishment of a trade licence" and the words "last sentence" shall be replaced by the words "second sentence."
24. in Article 10 (2) (a), the words "with details according to the trade register" shall be inserted after the words "business of reporting."
25. in Article 10 (2) (b):
"(b) a concession note with details according to the trade register; until its final decision granting the concession. '
26. in Paragraph 10 (2), the last sentence is deleted;
27. in Article 10 (3) (a), the words "residence, foreign residence outside the Czech Republic, place of residence in the Czech Republic, where residence has been authorised, location and designation of the organizational component in the Czech Republic, name, surname and birth number of the head of the organizational component and address of his residence in the Czech Republic," shall be inserted after the words "date of birth,";
28. In Article 10 (3) (b), the words "and" after the word "name" shall be replaced by a comma and after the word "surname" shall be inserted the words "and the birth number" and the words "legal persons" shall be added after the words "foreign person," the location and designation of the organisational component in the territory of the Czech Republic, the name, surname and birth number of the head of the organisational component and the address of his residence in the territory of the Czech Republic, ";
29. in Paragraph 10 (3), the following sentence shall be added at the end of (c): "The certificate may be issued for several trades falling within the competence of the same trade office."
30. In Paragraph 10, the following paragraph 4 is inserted after paragraph 3:
"(4) The trade licence, the award decision, the concession certificate and the certificate referred to in paragraph 3 are public documents."
Paragraphs 4 to 8 shall be renumbered paragraphs 5 to 9.
31. in Article 10 (7), the first sentence shall be replaced by the following: "The persons referred to in paragraph 5 shall be granted a trade licence on the date of registration in the commercial register within the scope of the registered business. The persons referred to in paragraph 6 shall be authorised to trade on the date of entry in the Commercial Register. ';
32.
(1) The entrepreneur may conduct the business through a responsible representative. The representative 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 business law and who, if not for the spouse of the entrepreneur, is in employment relations with the entrepreneur. The agent responsible shall participate in the business to the extent necessary. No one can be appointed as a responsible representative for more than two entrepreneurs.
(2) The representative responsible must comply with the general and special conditions of business activity (Sections 6 and 7), must reside in the Czech Republic and must prove his knowledge of the Czech language or Slovak language by interview in front of the trade office, if not a citizen of the Czech Republic. Knowledge of the Czech language or Slovak language can be demonstrated if
(a) be able to respond fluently and in a language correct to questions relating to normal situations of daily life and business;
(b) be able to make an oral statement of the content of the text from the daily press.
(3) The responsible representative of a legal person may not be a member of the supervisory board or other supervisory authority of that legal person, nor a natural person who maintains an obstacle to the operation of a business pursuant to § 8. A person who has been revoked of a trade licence pursuant to § 58 (2) to (4) may not be the responsible representative in the trade or related field for a period of one year from the legal authority of the decision to revoke a trade licence.
(4) The responsible representative shall establish:
(a) an entrepreneur who is a natural person and does not meet the specific conditions of business activity (Section 7), unless the reporting business is carried out in an industrial manner;
(b) an entrepreneur who is a foreign natural person and is not allowed to stay in the territory of the Czech Republic,
(c) an entrepreneur who is a legal person based in the Czech Republic. The term of office of the responsible representative shall be determined by a member of the statutory body or body which fulfils the conditions for the performance of the duties of the responsible representative under this law. If a representative cannot be appointed from among those persons, the entrepreneur shall appoint a representative from other persons,
(d) an entrepreneur who is a foreign legal person. In the capacity of the responsible representative, the director of the organisational unit located in the territory of the Czech Republic shall be appointed to the office of responsible representative under this Act. If these conditions are not met by the management body, the entrepreneur shall appoint a representative from other persons.
(5) The provisions of the agent responsible for the business of both reporting and termination of his duties shall be notified to the trade office responsible pursuant to Paragraph 45 within 15 days of the date on which the said event occurred.
(6) The agent responsible for the business of reporting may perform his duties from the date of the provision if he fulfils the conditions required by this law.
(7) The provisions of the agent responsible for the trade concession shall be submitted by the entrepreneur for approval to the trade office. The provision shall take effect on the date on which the decision to approve has become final. The business manager shall notify the business office responsible in accordance with Paragraph 50 within 15 days of the end of his duties.
(8) If the responsible agent ceases to hold office or does not fulfil the conditions, the entrepreneur shall appoint a new representative within 15 days at the latest. This is not the case if the business licence is suspended or the entrepreneur notifies the business office that the business is temporarily suspended (§ 31 (7)).
(9) An entrepreneur may appoint a responsible representative even where this law does not require it. Paragraph 11 shall apply mutatis mutandis to its provision with the exception of paragraph 8.
(10) The Trade Office may, during the course of the trade, allow the business to be carried out without a responsible representative for the necessary period, but for a maximum period of six months, unless this is likely to endanger the lives and health of people. ';
33. In Paragraph 12 (1), the following sentence shall be added at the end: "Nutrition shall be declared or applied for on behalf of the represented legal representative."
34. in Paragraph 12 (2), including footnote (28a):
"(2) The legal representative shall appoint a representative in accordance with Article 11 with the agreement of the court. 28a)
28a) Act No. 99 / 1963 Coll., Civil Code. '.
35. In Paragraph 13, the following sentences are added at the beginning of paragraph 2: "If the persons referred to in paragraph 1 (a) to (c) intend to continue to pursue the business, they shall notify the trade office within 3 months of the date of the death of the trader. The estate manager shall notify the continuation of the business within 1 month of the date on which he was appointed to this office. '
36. In the first sentence of Article 13 (4) in the part before the semicolon, the words "share in the business' are replaced by the words" rights relating to the business' and the text of the paragraph after the semicolon is replaced by the following: "This fact must be notified within 1 month of the end of the succession proceedings to the trade office which was last competent locally (§ 45 (1), § 50 (1)) for the deceased. A trade licence for persons referred to in points (a) to (c) of paragraph 1 shall be issued by the trade mark office competent for those persons pursuant to Article 45 (1) or Article 50 (1) for a period of 6 months from the end of the succession proceedings, unless otherwise specified. If these persons do not obtain their own business licence within 6 months, they may no longer operate the business. '
37. In Article 13, the following paragraph 5 is added:
"(5) Paragraph 45, 46 and 50 shall apply mutatis mutandis to the particulars of the notifications referred to in paragraphs 2 and 4. ';
38. In the second sentence of Article 17 (1), the words ", mobile shop 'and the words" in particular sales' are replaced by the words "for sale of goods or services'.
39. in Article 17 (2) to (4), including footnote 29a, the following shall be added:
"(2) On the basis of a commercial licence, the business may be operated in several establishments, provided that the entrepreneur has the right of use or ownership. At the request of the trade office, the entrepreneur shall demonstrate the right of ownership or use to the premises or rooms of the establishment. Where the establishment is located in an apartment and if the entrepreneur is not the owner of the apartment, he may only engage in business in it with the consent of the owner, co-owner or administrator of the apartment or the real estate in which the apartment is part, provided that that administrator is empowered to grant such consent. The entrepreneur shall notify the trade office competent pursuant to § 45 (1) or § 50 (1) in writing at least 3 days in advance of the commencement and termination of the business in the establishment. This does not apply if these establishments are mentioned in the declaration of trade pursuant to § 45 or in the licence application pursuant to § 50. The information referred to in paragraph 4 shall be provided by the trader in the notification.
(3) The entrepreneur shall ensure that the establishment is eligible for the pursuit of the business in accordance with the special rules, 29a) be duly identified and that, for each establishment, the person responsible for the activity of the establishment is designated.
(4) In the notification referred to in paragraph 2, the trader shall indicate:
(a) the trade name;
(b) identification number,
(c) registered office (permanent residence, foreign person, address of residence in accordance with § 5 (4) and location of the organisational component),
(d) the address of the establishment subject to the approval procedure and the subject matter of the business in that establishment;
(e) the type of establishment not subject to approval procedure (paragraph 1, second sentence), its location and the subject matter of business in the establishment;
(f) the date of commencement (termination) of the business in the establishment;
(g) the legal title of use of the establishment.
29a) For example Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended. '
footnote (29a) shall be renumbered as footnote (29d), including the footnote references in the text.
40. in Article 17, paragraphs 5 to 11 are added, including footnotes 29b and 29c:
"(5) The trade office which receives the notification referred to in paragraph 2 shall notify the trade office in whose territory the establishment is located without delay of the commencement and termination of business in the establishment. A trade office which, on the basis of a declaration of trade or a licence application, issues a trade licence and the operation of a trade licence in an establishment shall, according to the information provided in the declaration of trade or in the application for a concession, be opened immediately after the establishment of the trade licence, shall proceed mutatis mutandis in accordance with the first sentence.
(6) The trade office responsible under paragraph 2 shall inform the entrepreneur of the registration of the establishment in the trade register.
(7) The establishment must be permanently and visibly marked on the commercial name of the entrepreneur and his identification number. The stand and the like equipment referred to in paragraph 1 shall be further marked with the address or place of business.
(8) An establishment intended for the sale of goods or services to consumers 29b) must also be permanently and visibly marked from the outside
(a) the name and surname of the person responsible for the operation of the establishment;
(b) the time of sale or service intended to come into contact with the consumer, in the absence of a stand or similar facility;
(c) categories and classes of accommodation (29c) providing transitional accommodation.
(9) When the establishment referred to in paragraph 8 is closed, the entrepreneur shall, unless there are serious reasons for doing so, at least 3 days in advance at an appropriate and visible place from the outside, indicate the beginning and end of the closure.
(10) An entrepreneur may sell goods if its sale does not require a concession by means of vending machines operated by the consumer. The entrepreneur is obliged to mark the automatic in his commercial name and identification number. The location of the vending machines shall be notified in advance by the entrepreneur to the trade office in whose territory the machine is to be located. The notification shall be subject to the provisions of paragraph 4 mutatis mutandis. The sale of goods by means of vending machines may not allow certain types of goods to be acquired by persons protected by a special law.
(11) An entrepreneur who operates a business in an establishment subject to a housekeeping decision may, at festivities, sports undertakings or other similar events in the municipality in which the establishment is situated, sell food and other goods which are normally offered on such occasions and the sale of which is the subject of its business. Such a sale shall be notified in writing to the municipality or the capital of Prague and to the territorial cities of the city or district of the city where the event takes place, so that the municipality receives the notification no later than 3 days before the event.
29b) Act No. 634 / 1992 Coll., on Consumer Protection, as amended.
29c) Decree No. 137 / 1998 Coll., on General Technical Requirements for Construction. '
footnote 29b shall be renumbered footnote 29e, including the footnote references in the text.
41. The second sentence of Paragraph 18 (1) in the part before the colon reads: "For the offer, the sale of goods (hereinafter referred to as" sales ") and the provision of services outside the establishment designated for that purpose by the approval decision under the Special Law 29e, the market rules shall define:"
42. In Paragraph 18 (1) (a), the words "(e.g. by type of goods or services sold)" shall be inserted after the words "and their distribution."
43. In Article 18, the following paragraph 3 is added:
"(3) The municipality may provide, in a generally binding decree issued pursuant to paragraph 1, that this decree does not apply to certain types of sale of goods and services carried out outside the establishment and that certain types of sale of goods or services carried out outside the establishment in the municipality or part of it are prohibited. '
44. in Paragraph 19 (a), the words "obtained by teaching in the field" shall be replaced by the words "referred to in Sections 21 and 22."
45. in Paragraph 19 (b), "obtained otherwise" is replaced by "listed in Annex 2";
46.
Professional competence in the craft business shall be demonstrated unless otherwise specified in Annex 1,
(a) a teaching certificate from the relevant three-year course or other evidence of the proper completion of the relevant three-year course course (30) and evidence of the performance of three-year course experience;
(b) a certificate of completion of the relevant field of study of a secondary vocational school of a duration of less than 4 years and a proof of completion of three years' experience in the field;
(c) a certificate of graduate examinations (31) in the relevant field of secondary vocational school or secondary vocational school or high school with training subjects and evidence of two years' experience in the field; or
(d) a diploma or other evidence of completion of the Bachelor's or Master's degree programme of the university concerned and evidence of one year's experience in the field. "
47. Paragraph 22 (1), including footnote 30a, reads:
"(1) The evidence of competence referred to in Section 21 may be replaced by:
(a) by means of a certificate from a relative of a three-year course or other evidence of the proper termination of a relative of a three-year course or study in a related field and proof of the performance of a four-year practice in the field of trade;
(b) a certificate of completion of the study of a relative of a secondary vocational school of less than four years' duration and proof of completion of four years' experience in the field;
(c) a certificate of graduation in the related field of secondary vocational school or secondary vocational school and evidence of three years' experience in the field;
(d) a diploma or other evidence of completion of a university in a related field and evidence of completion of two years' experience in the field;
(e) a retraining certificate (30a) or other evidence of competence issued by an institution accredited by the Ministry of Education, Youth and Sports or by the Ministry responsible for the sector in which the business is carried out and evidence of four years' experience in the field;
(f) evidence of completion of a qualification examination before a commission composed of representatives of the competent trade office, the relevant secondary vocational school or secondary vocational training centre, as well as the relevant trade community, if established, and evidence of the completion of four years' experience in the field; or
(g) evidence of six years' experience in the field.
30a) Decree No. 21 / 1991 Coll., on closer conditions for the requalification of jobseekers and employees, as amended by Decree No. 324 / 1992 Coll. '
48. in Paragraph 22, the following paragraph 2 is inserted after paragraph 1:
"(2) For the purposes of this Act, industry shall mean the pursuit of professional activities belonging to the business or related business, in particular the self-employed business in the business or in the related business, the activity of the person directly responsible for the management of the business that is the subject of the business or the activity of the person carrying out separate professional work corresponding to the business. '
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
49. in Article 22 (5), the words "the Ministry of Economy and Ministries, in whose jurisdiction the sectors in which trade is carried on," shall be replaced by the words "the central authority of the commercial business and the central authorities of the state in which trade is carried on."
50. In Article 24, the following sentence is added at the end: "Where Annex No 2 states the professional competence of teaching in the field or secondary education completed by the graduate examination, the fulfilment of the training condition shall also be demonstrated by evidence of retraining in accordance with Section 22 (1) (e) and by evidence of four years' experience in the field. '
51. § 25 reads:
The professions available are defined by the government by regulation. No evidence of professional or other competence is required for the conduct of free trades (§ 7). '
52. In Paragraph 27, the following sentence shall be added at the end of paragraph 1: "Where Annex 3 states the professional competence of teaching in the field or secondary education completed by the graduate examination, compliance with the training condition shall also be demonstrated by evidence of retraining in accordance with Paragraph 22 (1) (e) and by evidence of four years' experience in the field. '
53. Paragraph 27 (2) is deleted.
Paragraph 3 shall become paragraph 2.
54. in Article 27 (2), the words "the opinions of the Authority referred to in Article 52 (1)" shall be deleted;
55. Paragraph 29, including the group title and footnote 32, shall be deleted.
56.
(1) An entrepreneur operating a business through an agent responsible (§ 11) is obliged to ensure its participation in the business to the extent necessary.
(2) For the purposes of the service of documents referred to in paragraph 11, the entrepreneur shall be required to clearly indicate, in the name and identification number of the place of business, if different from the place of residence (§ 5 (2)), the registered office and the foreign person, the organisational component.
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Regulation Information
| Citation | Act No. 356 / 1999 Coll., amending Act No. 455 / 1991 Coll., on Business Enterprise (Trade Act), as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1999 |
|---|---|
| Effective from | 01.03.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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