the Trade Licensing Act in relation to foreign persons

Transcription

1 the Trade Licensing Act in relation to foreign persons

2 When for what activities do you Trades licensing act (TLA) Act no. 455/1991 coll. = basic public law = include basic rules of trading need a trade license? =defines business as - continuous activities carried out - independently - under one s own name - at one s responsibility - to achieve a profit - under the conditions stipulated by this act. conditions are fulfill ask for a license

3 Different activities = different licenses For most business activities trade license /f.e.buying and selling, language teaching, construction of buildings, massage,hair dresser / Excluded activites Particular license issued by particular office /f.e. attorney, doctor, activities of banks, farming../

4 Types of trades Notifiable trades A) Unqualified trade no professional competence is required B) Vocational trades professional competence is reffered to in Section 21 and 22 C) Professional trades professional competence is reffered to in Annex N. 2 to TLA Permitted trades Professional competence is laid down in Annex N. 3 or regulated by specific legislation

5 General conditions for carrying on a trade (physical natural persons only) Legal capacity (not less then 18 years of age exceptions) Good character - For the purpose of the TLA, a person shall not be regarded as being of good character if he has been conclusively sentenced for an intentional criminal offence, if that offence was committed in connection with the business or line of business for which he is applying or reporting, unless that person is regarded as if he had not been sentenced.

6 Special conditions for carrying on a trade Professional or other competence (Experience plus education)

7 The Notification of a trade required documents foreign natural person Notification of a trade or an application for a concession shall be submitted on a form issued by the Ministry of Industry and Trade (the officer will complete the form electronically instead of you) A proof of identity (passport, residence permit) person shall enclose with his notification abstract of the criminal records or an equivalent document issued by a competent judicial or administrative authority of the state, whose citizen he/she is (these documents shall not be more than three months old); (exceptions EU citizens) a certificate of residence permit in the territory of the Czech Republic or (a visa for a stay longer than 90 days or a long-term residence permit) not required for EU citizens a document proving a legal cause for using premises (better registerd office), into which an applicant has located the point of business (written consent of owner, contract of lease) An applicant will pay the administrative fee at the cash desk of the authority (in the amount of CZK and 500 CZK for each other notification). a declaration from the responsible representative that he agrees to his appointment; the signature on the declaration shall be officially certified unless the responsible representative makes the declaration in person before the trade licensing office (an entrepreneur has to appoint the responsible representative if he/she is a natural person and failing to comply with the special conditions for carrying on a trade) a document proving professional competence, or the responsible representative s professional competence, if required by the Act

8 CRM central registration point A natural person may, together with the notification of a trade or an application for a concession at a trade licensing office, also submit a tax registration form or relevant notification submit a pension insurance registration form notify the commencement of self-employment (Social Insurance Office) notify a vacancy or the filling of a vacancy (Labour Office) submit a notification in accordance with the Public Health Insurance Act

9 If a notifier complies with all the conditions laid down in the TLA, the trade licensing office shall make an entry in the trade licensing register within five working days of delivery of the notification and shall issue an Excerpt from the public section of the Trade Licensing Register If a person apply for a permitted trade the trade licensing office shall issue the decision whithin 30 days of delivery of the application for the permitted trade. (plus additional 30 days in problematic cases)

10 Types of entrepreneurs Czech person a natural person who has his permanent residence in the Czech Republic, or a legal person whose registered office is in the Czech Repulic Foreign person a natural person who does not have his permanent residence in the Czech Republic, or a legal person whose registered office is not in the Czech Republic Foreign persons may carry on a trade in the Czech Republic under the same conditions and to the same extent as a Czech person, unless TLA or a special act provides otherwise

11 Types of foreign persons A foreign person from a third country A foreign person from EU For the purposes of the TLA, is considered as a citizen of a Member State of the European Union also A citizen of EEA Member State or Switzerland Family members of citizens of EU and EEA member states and of Switzerland persons with a standing of residents with long-term stays or to family members of persons, to whom a long-term stay in the territory of the Czech Republic was permitted Plus some other citizens from a third countries

12 A foreign natural person not having a place of residence in the territory of the Czech Republic (excluding citizens of EU and EEA member countries and Switzerland) must have a permit for the residence in the territory of the Czech Republic a document proving the granting of a visa for residence of more than 90 days or a longterm residence permit must be submitted together with the notification of the trade and the application for a concession (permitted trade). A natural person who has been granted asylum or subsidiary protection and his family members may carry on a trade under the same conditions as a Czech person.

13 Submitting the documents Documents not issued in the Czech language must be translated officially to the Czech language Signatures and stamp imprints at first copies of submitted documents must be authenticated, unless an international treaty stipulates otherwise. You can get more information about superlegalization/apostille at the Consular Department of the Ministry of Foreign Affairs of the Czech Republic not apply to documents submitted by a national of a Member State of the European Union or by a legal person having its registered office, headquarters or principal place of business in a Member State of the European Union, unless there are doubts as to the correctness of the translation or the authenticity of the signature or impression of the stamp (translation YES but not official)

14 Good character an abstract from the criminal records EU - an extract from the crime register or an equivalent document issued by the competent judicial or administrative authority of that State or of the Member State of most recent residence; if the Member State of most recent residence is the Czech Republic, the Trade Licensing office will issue an abstract from the criminal records electronically. If that State does not issue extracts from the crime register or an equivalent document, the natural person shall submit a solemn declaration of good character, made in thepresence of a notary or an authority of the Member State of which he is a citizen, or in the presence of a notary or authority of the Member State of most recent residence. These documents shall not be more than three months old; a document under this provision may be replaced by a document on the recognition of professional qualifications, provided that it also proves fulfilment of the condition of good character

15 Good character an abstract from the criminal records Third country (non EU)- an extract from the crime register or an equivalent document issued by the State of which the natural person is a citizen. If that State does not issue extracts from the crime register or an equivalent document,the natural person shall submit a solemn declaration of good character, made in the presence of a notary or an authority of the State of which he is a citizen, or in the presence of a notary or authority of the State of most recent residence. These documents shall not be more than three months old

16 Documents confirming education shall be accompanied by a recognition clause in accordance with specific legislation (Krajský úřad obor školství) - nostrification documents confirming university education shall be accompanied by a certificate of recognition in accordance with specific legislation (Universities, Ministry of Education, Youth and Sports) a recognition of university education The obligation to submit documents accompanied by a recognition clause or a certificate of recognition shall not apply to documents confirming education which are issued in a Member State of the European Union or which are submitted by a person from such a State

17 Benefits for natural persons from the EU EU License is valid for unlimited period Translation of documents non official Signatures and stamp verification not required Education nostrification or a recognition of university education are not required Residence permit not required Non EU License is valid for limited period (for the period of your residence permission in the Czech Republic) Translation of documents - official Signatures and stamp verification required Education nostrification or a recognition of university education are required Residence permit is required

18 Where contacts? Trade licensing office of Brno municipality Malinovskeho namesti 3, 4th floor, Brno Office hours: Monday and Wednesday 8 a.m.-5 p.m. Friday 8 a.m. 12 p.m. Phone no.: /326/344/411 zu@brno.cz

19 Information in English v01=20608&nav02=

20 Questions?