Decree No. 526 / 2005 Coll.
Ordinance on the establishment of designs used in the field of industrial security and on lists of documents and their particulars necessary to verify compliance with the conditions for the issue of a business certificate and the application procedure of an entrepreneur (Industrial Safety Order)
Valid
Order
Effective from 01.01.2006
526
DECLARATION
of 14 December 2005
on the establishment of models used in the field of industrial security and on the lists of documents and their particulars necessary to verify compliance with the conditions for the issue of a business certificate and the application procedure of an entrepreneur (Industrial Safety Order)
According to Articles 64 and 135 (b) and (g) of Act No. 412 / 2005 Coll., on the Protection of classified information and on security competence, hereinafter referred to as "the Act":
Model for industrial security
(1) The model of the application for a business certificate is set out in Annex 1 to this Decree.
(2) The model of the business certificate is set out in Annex 2 to this Decree.
(3) The model of the application for a licence for a foreign trader is set out in Annex 3 to this Decree.
(4) The model of the application for the recognition of a business security authorisation is set out in Annex 4 to this Decree.
(5) The model of the business questionnaire is set out in Annex 5 to this Decree.
Documents to verify compliance with the conditions for the issue of a business certificate
(1) An entrepreneur who is a legal person will accompany the application under Paragraph 96 (2) (c) of the Act
(a) a complete extract from the Commercial Register;
(b) evidence of the decisions of the authorities of the entrepreneur containing changes which are registered and are not yet entered in the register;
(c) an extract from the record of the issuer's issue or affidavit containing a list of persons whose share of the capital or voting rights exceeds 10% if he is a shareholder;
(d) an extract from the real estate register, relating to the properties referred to in § 97 (d) and (h) of the Act;
(e) contracts for the lease of premises, buildings and land referred to in § 97 (d) of the Act;
(f) annual accounts and tax returns for the last 5 years;
(g) a control contract or a written report on references (1), if the entrepreneur is controlling or controlling the person in the last 5 years;
(h) written reports of the auditor on the verification of accounts for the last 5 years, where provided for in specific legislation2);
(i) confirmation by tax of the tax office of the status of the personal accounts to which it is registered in the Czech Republic;
(j) confirmation by the social security administration and all health insurance companies that the entrepreneur has no outstanding arrears against those institutions, including periodic penalty payments;
(k) an overview of business liabilities from which the end of the agreed repayment period has exceeded more than 180 days, indicating the individual creditors and the reasons for the non-payment, as confirmed by the operator's responsible person;
(l) confirmation by the entrepreneur of banks or other creditors of the performance of credit or loan agreements;
(m) an extract from the account of the owner or a declaration of honour of the entrepreneur, giving an overview of all holdings in public limited-liability companies and a percentage holding;
(n) an affidavit of the entrepreneur, indicating an overview of other investment securities (3), deposits in limited liability companies, member deposits in cooperatives, deposits and shares in public companies and limited companies;
(o) confirmation by the insolvency court of the absence of the facts referred to in Article 17 (1) of the Act,
(p) a list of persons in the entrepreneur's organs and in the entrepreneur's chicken and their birth numbers and consent (4) for their use for security proceedings.
(2) The individual undertaking shall accompany the application under Paragraph 96 (2) (c) of the Act
(a) trade certificates, concession certificates, or if the person is a person other than a trade licence (5) or a person operating an agricultural production (6), an extract from a similar register;
(b) if he is a person incorporated in the commercial register, a complete extract from the commercial register;
(c) an extract from the cadastral property relating to the properties referred to in § 97 (d) and (h) of the Act;
(d) contracts for the lease of premises, buildings and land referred to in § 97 (d) of the Act;
(e) annual accounts and tax returns for the last 5 years;
(f) written reports of the auditor on the verification of the annual accounts for the last 5 years, where provided for in specific legislation2),
(g) confirmation by the tax office of the status of the personal accounts to which it is registered in the Czech Republic,
(h) confirmation by the social security administration and all health insurance companies that the entrepreneur has no outstanding arrears against those institutions, including periodic penalty payments;
(i) an overview of the business liabilities from which the end of the agreed repayment period has exceeded more than 180 days, with an indication of the individual creditors and the reasons for the non-payment, confirmed by the operator's responsible person;
(j) confirmation by the entrepreneur of banks or other creditors of the performance of credit or loan agreements;
(k) an extract from the owner's account or an honest declaration by the entrepreneur, giving an overview of all holdings in public limited-liability companies and a percentage holding;
(l) an affidavit of the entrepreneur with an overview of other investment securities (3), deposits in limited liability companies, member deposits in cooperatives, deposits and shares in public companies and limited companies;
(m) confirmation by the trade office that no record of:
1. suspension or interruption of business operations;
2. the date of expiry of the business licence,
3. the order to cancel the bankruptcy, excluding its cancellation due to a lack of assets,
4. obstacles to the operation of trade pursuant to special legislation7),
5. an overview of fines imposed, including penalties imposed by other administrative authorities in connection with the conduct of business;
(n) the certificate referred to in paragraph 1 (o).
(3) The documents referred to in points (a), (c), (d) and (i) to (p) of paragraph 1 and in points (b), (c) and (g) to (n) of paragraph 2 may not exceed 60 days from the date of issue.
(4) A foreign person who is an entrepreneur under special legislation (8) shall document the documents referred to in paragraph 1 or paragraph 2 in the form of similar documents from relevant registers by country of origin.
Method of submission of an application by an entrepreneur
(1) The completed models set out in Annexes 1 and 5 to this Decree are to be submitted in both electronic and paper form and shall be submitted in electronic form on the technical medium of the data.
(2) The electronic template of the designs listed in Annexes 1 and 5 to this Decree is published in a manner that allows remote access to the National Security Office's website.
(3) The paper form of the completed models referred to in paragraph 1 must correspond to their electronic form, except for signature.
Efficacy
This Decree shall take effect on 1 January 2006.
Director:
Mgr. Mareš v. r.
Příloha č. 1
Annex No 1 to Decree No 526 / 2005 Coll.
Application for a business certificate
Příloha č. 2
Annex No 2 to Decree No 526 / 2005 Coll.
CERTIFICATE
entrepreneurs
Příloha č. 3
Annex 3 to Decree No 526 / 2005 Coll.
Model
Application for a certificate of a foreign power entrepreneur
Příloha č. 4
Annex No 4 to Decree No 526 / 2005 Coll.
Model
Application for recognition of a business security authorisation
Příloha č. 5
Annex No 5 to Decree No 526 / 2005 Coll.
Model
Entrepreneur questionnaire
1) Article 66a of the Commercial Code.
2) Act No. 563 / 1991 Coll., on Accounting, as amended.
3) Act No. 591 / 1992 Coll., on Securities.
4) Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), as amended.
5) Paragraph 2 (2) (c) of the Commercial Code.
6) Paragraph 2 (2) (d) of the Commercial Code.
7) § 8 of the Trade Act.
8) Commercial Code.
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Regulation Information
| Citation | Decree No. 526 / 2005 Coll., on the establishment of designs used in the field of industrial security and on the lists of documents and their particulars necessary to verify compliance with the conditions for the issue of the business certificate and the method of submitting the application to the entrepreneur (Industrial Safety Order) |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2005 |
|---|---|
| Effective from | 01.01.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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