Decree No. 63 / 1980 Coll.
Ordinance of the Federal Ministry of Foreign Trade on the Establishment and Operation of Commercial Offices of Foreign Persons
Valid
Effective from 01.07.1980
63
DECLARATION
Federal Ministry of Foreign Trade
of 29 May 1980
on the establishment and operation of commercial representative offices of foreign persons
The Federal Ministry of Foreign Trade, in agreement with the Federal Ministry of Finance, the Federal Ministry of Transport and the State Bank of Czechoslovakia, provides, pursuant to § 39 of Act No. 42 / 1980 Coll., on Economic Relations with Foreign Affairs ("the Act '):
Application for authorisation for the establishment and operation of a commercial representative of foreign persons
(1) In the application for authorisation to set up and operate a trade representative (hereinafter referred to as "the application"), the foreign person shall indicate in particular:
(a) its name (s), its registered office (s);
(b) the subject matter of the business and the amount of capital;
(c) persons acting as statutory bodies of a foreign legal person;
(d) the subject matter and scope of the proposed activities of the commercial office and its legal status within a foreign legal person.
(2) The foreign person shall document those data by officially certified documents.
(3) The application must indicate which Czechoslovak organisations the foreign person was before the application was made in economic contact and to what extent.
(4) In the application, the foreign person shall designate a Czechoslovak person authorised to provide legal assistance, who has been authorised to accept the communication concerning the processing of the application.
(5) The application shall be submitted in the Czech or Slovak language and shall be signed by the statutory authority of a foreign person.
The foreign person shall submit the application referred to in Section 1 in five copies to the central authority which is competent under Section 38 of the Act to issue an authorisation for the establishment and operation of a commercial representative of a foreign person (hereinafter referred to as the "competent central authority ').
If the application does not contain the required particulars or is not supported by the prescribed documents, the competent central authority shall invite the applicant to remedy the deficiencies identified within the prescribed time limit. If the applicant does not comply with this call within the time limit set, the competent central authority shall reject the application.
When examining the application, the competent central authority shall take into account, in particular, whether the activities of the commercial representative are expected to contribute to the development of economic relations between the Czechoslovak Socialist Republic and the State in whose territory the foreign person has his registered office (residence).
The authorisation for the establishment and operation of a commercial representative of a foreign person shall specify the conditions under which the commercial representative of a foreign person may be established and how it may operate in the territory of the Czechoslovak Socialist Republic.
A central authority which has granted an authorisation to establish and operate a commercial office under Paragraph 38 of the Act may revoke or amend the authorisation granted to a foreign person if:
(a) in the course of or in connection with the activities of the commercial office, the Czechoslovak legislation or conditions laid down in the authorisation shall be infringed;
(b) the facts on the basis of which the authorisation was granted have changed or disappeared;
(c) the abolition of the commercial office requires important interests of the Czechoslovak national economy.
Establishment and operation of trade representatives of foreign persons without authorisation
(1) An authorisation to establish a commercial office in the territory of the Czechoslovak Socialist Republic is not necessary if the establishment of a commercial office of a foreign person is provided for in an international agreement which the Czechoslovak Socialist Republic is bound by.
(2) In the cases referred to in paragraph 1, the central authority which is otherwise competent to grant an authorisation for the establishment of a commercial representative of a foreign person shall, within the limits of the relevant international agreement, determine the scope and manner of the business of the commercial representative.
Transitional and final provisions
(1) Authorisations granted under this Order do not replace authorisations under foreign exchange regulations. 1)
(2) The authorisation to establish and operate a commercial representative of foreign persons issued pursuant to the Federal Ministry of Foreign Trade Order No. 125 / 1975 Coll., on the conduct of foreign trade activities for foreign enterprises shall be deemed to have been issued under the law.
This Decree shall take effect on 1 July 1980.
Minister:
Ing. Barčák v. r.
1) Act No. 142 / 1970 Coll., on Foreign Exchange Economy. Decree No. 143 / 1970 Coll., implementing the Foreign Exchange Management Act.
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Regulation Information
| Citation | Decree of the Federal Ministry of Foreign Trade No. 63 / 1980 Coll., on the establishment and operation of trade representatives of foreign persons |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.06.1980 |
|---|---|
| Effective from | 01.07.1980 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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