214/2006 Coll.
LAW
Dated 20 April 2006
Amending Act no. 455/1991 Coll., On business
(Trade Act), as amended, and certain other laws
Change: 281/2009 Coll.
Parliament has passed this Act of the Czech Republic:
PART ONE
Change Trade Act
Article I
Act no. 455/1991 Coll., On Trades (Trade Act)
amended by Act no. 231/1992 Coll., Act no. 591/1992 Coll., Act no. 600
/ 1992 Coll., Act no. 273/1993 Coll., Act no. 303/1993 Coll., Act no.
38/1994 Coll., Act no. 42/1994 Coll., Act no. 136/1994 Coll., Act no.
200/1994 Coll., Act no. 237/1995 Coll., Act no. 286/1995 Coll., Act no.
94/1996 Coll., Act no. 95 / 1996 Coll., Act no. 147/1996 Coll., Act no.
19/1997 Coll., Act no. 49/1997 Coll., Act no. 61/1997 Coll., Act no. 79
/ 1997 Coll., Act no. 217/1997 Coll., Act no. 280/1997 Coll., Act no.
15/1998 Coll., Act no. 83/1998 Coll., Act no. 157/1998 Coll., Act no.
167/1998 Coll., Act no. 159/1999 Coll., Act no. 356/1999 Coll., Act no. 358/1999 Coll
., Law no. 360 / 1999 Coll., Act no. 363/1999 Coll., Act no.
27/2000 Coll., Act no. 29/2000 Coll., Act no. 121/2000 Coll., Act no. 122
/ 2000 Coll., Act no. 123/2000 Coll., Act no. 124/2000 Coll., Act no. 149/2000 Coll
., Act no. 151/2000 Coll., Act no. 158/2000 Coll., Act no.
247/2000 Coll., Act no. 249/2000 Coll., Act no. 258/2000 Coll., Act no. 309/2000 Coll
., Law no. 362 / 2000 Sb., Act no. 409/2000 Coll., Act no.
458/2000 Coll., Act no. 61/2001 Coll., Act no. 100/2001 Coll., Act no. 120
/ 2001 Coll., Act no. 164/2001 Coll., Act no. 256/2001 Coll., Act no.
274/2001 Coll., Act no. 477/2001 Coll., Act no. 478/2001 Coll., Act no. 501/2001 Coll
., Act no. 86/2002 Coll., Act no. 119/2002 Coll., Act no. 174/2002 Coll
., Law no. 281 / 2002 Coll., Act no. 308/2002 Coll., Act no.
320/2002 Coll., the Constitutional court ruling promulgated under no. 476/2002 Coll.
Act no. 88/2003 Coll. Act no. 130/2003 Coll., Act no. 162/2003 Coll.
Act no. 224/2003 Coll., Act no. 228/2003 Coll., Act no. 274/2003 Coll., || | Act no. 354/2003 Coll., Act no. 438/2003 Coll., Act no. 38/2004 Coll.
Act no. 119/2004 Coll., Act no. 167/2004 Coll., Act no. 257/2004 Coll.
Act no. 326/2004 Coll., Act no. 499/2004 Coll., Act no. 635/2004 Coll.
Act no. 695/2004 Coll. Law no. 58/2005 Coll., Act no. 95/2005 Coll.
Act no. 127/2005 Coll., Act no. 215/2005 Coll., Act no. 253/2005 Coll., || | Act no. 358/2005 Coll., Act no. 428/2005 Coll. and Act no. 444/2005
Coll., is amended as follows:
First In § 5, paragraph 7, which reads:
"(7) A natural person who is not resident in the Czech Republic or
another Member State of the European Union and is not a family member
Czech citizen or a citizen of another member state of the European Union, can not operate a trade
which is listed in the government decree issued
under § 73a paragraph. 4. '.
Second In § 6, Paragraph 1 reads:
"(1) general conditions for operating a trade by physical persons
unless stipulated otherwise, are:
a) 18 years of age,
b) the legal capacity ,
c) integrity,
d) the fact that a natural person, if the Czech Republic
business or own business, not on his personal account recorded tax arrears from this
business
e) the fact that a natural person, if the Czech Republic
business or own business, no arrears in payment of social
security contributions and the state employment policy,
| || f) the fact that a natural person, if the Czech Republic
business or own business, has outstanding premiums for public health insurance
. ".
Third In § 6, paragraph 3 shall be added:
"(3) The facts referred to in paragraph 1 point. D) and e) a certificate proving
relevant government authority, or if the certificate is not documented, verified the fact
Trade Office with competent state administration
or in the relevant public administration information system. the fact
pursuant to paragraph 1. f) shall be attested by an affidavit. ".
Fourth In § 10 paragraph. 1 point. a) the words "in § 47 para. 5" is replaced by "
§ 47 para. 6" and the words "in § 47 para. 6" is replaced by "in § 47 para.
7".
Fifth In § 11 at the end of the text of paragraph 3, the words "this does not apply,
If it was business license revoked on the grounds that the trade was not
operated for more than four years. "
Sixth in § 11 para. 4, letter b) reads:
| || "b) an entrepreneur who is a legal entity for trade
requiring special conditions of business operation (§ 7), unless the reporting
industrial trades.
Function to appoint a responsible representative of a Czech legal entity person who is
its statutory body or its members, and that meets the conditions for the exercise
responsible representative under this Act.
Foreign legal entity shall appoint a responsible representative
head of the organizational unit located in the Czech Republic, who
meets the conditions for exercising the office of deputy
under this Act. If you can not appoint a responsible representative of the listed persons
establishes entrepreneur responsible representative of other persons. ".
Seventh in § 11 para. 4, at the end of subparagraph b) replaces the comma and full stop
letter c) shall be deleted.
eighth in § 13 para. 1, at the end of letter b) the word "or" in
point c), the words "in subparagraph b)" is replaced by " in c) "
at the end of subparagraph c) the comma replaces the dot, letter d) shall be deleted and below
introductory part of paragraph 1 the following new subparagraph a) that
including footnotes . 29 reads:
"a) an administrator ^ 29)
29) § 175E and 175f of Civil Procedure.
§ 480a of the Civil Code to 480E. ".
Existing letters a) to c) are denoted as Points b) to d).
Ninth in § 13 para. 2 4, the words "point. a) to c) "is replaced by" point.
B) to d). "
10th in § 13 par. 3, the words" point. d) "is replaced by" point. a) ".
11th in § 14 of the last sentence, the words" pursuant to § 47 para. 5, § 47 para. 6 "
replaced by" pursuant to § 47 para. 6, § 47. 7. "
12th in § 31 at the end of paragraph 4, the sentence" These records shall be
accessible at the facility, which is to identify and where this
goods. ".
13. In § 31 paragraph 12 and 13, added:
"(12) interruption of business operation for more than 6 months in advance
entrepreneur is obliged to notify in writing the Licensing Office.
Trade operation can always interrupt a maximum period of 2 years.
Trade is interrupted on the day of notification of interruption of business operation
Licensing Office or a later date specified in the notice.
(13) in the trade prior to the expiration of the period for which it was carrying on a trade
suspended pursuant to paragraph 12, the entrepreneur is obliged
advance notice in writing Licensing Office. In operation
trade may resume earlier than the date of receipt of the notice
continuation of a trade Licensing Office or
later date specified in the notice. ".
14th after § 45 is inserted 45a which, including footnotes. 36b
up to 36 g reads:
"§ 45a
(1) An individual may, together with the announcement of trade or requests
concession respective Trade Office also
A) submit an application for tax registration or a notice-36b)
B) announce the launch of self-employment-36c)
C) submit an application for pension insurance-36d)
D) submit an application for health insurance-36e)
E) announce the creation of the vacancy or occupancy ^ 36f)
F) give notice under the law on public health insurance ^ 36 g).
(2) A legal person may, together with the announcement of trade or requests
concession respective Trade Office also
A) submit an application for tax registration or a notice-36b)
B) announce the creation of the vacancy or occupancy-36d).
(3) A declaration or license application submitted under paragraphs 1 and 2
be submitted on a form issued by the Ministry of Industry and Trade
.
(4) The Trade Licensing Office will pass
A) the relevant tax administrator carrying out the administration of income taxes details
obtained pursuant to paragraph 1. ) and pursuant to paragraph 2. a)
relevant social security authority details obtained in accordance with paragraph 1
point. b) to d), the relevant Labour Office details under paragraph 1.
E) and pursuant to paragraph 2. b) and the relevant health insurance company details
obtained pursuant to paragraph 1. f)
B) the declarant or the applicant for a license or identification number
Premium payment, account numbers for payment of premiums for pension insurance and
contribution to the state employment policy and premiums for health insurance
.
(5) An entrepreneur may at the respective Trade Office within
established under special laws also announce a change in data according
paragraphs 1 and 2, where it does so simultaneously with the announcement according to § 49 para. 1 or
according to § 56 paragraph. 1st
(6) The data in the preceding paragraphs, including notification of changes
Trade Office to the competent authority within 5 working days;
This period commences on the date of the trade license or
date on which they were removed defect reporting or notification of changes.
These data can be transferred electronically, including by way
allowing remote access.
36b) § 33 of Act no. 337/1992 Coll., On administration of taxes and fees, as amended
.
36c) § 48 of Act no. 582/1991 Coll., On organization and implementation of social security
, as amended.
36d) § 48a of Act no. 582/1991 Coll., As amended.
36e) § 145b par. 2 Act no. 100/1988 Coll., On Social Security,
amended by Act no. 160/1995 Coll.
36f) § 35 para. 2 of Act no. 435/2004 Coll., On employment, as
Act no. 214/2006 Coll.
36 g) § 10a of Act no. 48/1997 Coll., On public health insurance and
amending and supplementing certain acts as amended by Act no. 214/2006 Coll. ".
Background notes footnote. 36c and 36d are renumbered as footnotes
fn. 36h and 36i, including references to footnotes.
15th in § 46 para. 1 in the introductory part of the word "announcement"
words "unless the law stipulates otherwise."
16th in § 46 para. 1 point. a) point 3, the words "States which are
long term ( more than 3 continuous months) during the last 3 years
'is replaced by'; the second sentence of paragraph 2 shall apply mutatis mutandis. "
17th in § 46 para. 1 letter e) reads:
" e) proof of legal grounds for the use of the premises in which
place of business, if different from residence (§ 5 para. 2), or
building or premises in which the Czech Republic placed
branch of a foreign corporation; the legal justification for the use of reason
space sufficient written declaration property owner
flat or non-residential premises where the premises are located, or the person authorized statement
real estate, apartment or residential space
otherwise dispose of it with placing agree. "
18th in § 46 para. 2 letters d) and e) are added:
" d) proof of legal grounds for the use of the premises in which the legal
person in the Czech Republic headquarters, unless the reported
registered address is already registered in the commercial register or other register,
if such a document is determined by special legislation
as a condition of registration in the register; to substantiate the legal reason for the use of space
sufficient written declaration property owner
flat or non-residential premises where the premises are located, or the person authorized statement
real estate, apartment or residential space
otherwise dispose of it with placing agree
E) proof of legal grounds for the use of space in which to
Czech Republic location of a branch of a foreign
person, unless announced address is already registered in the commercial register or other register
, if such a document is determined by a special legal regulation
as a condition of registration in the register; the legal justification
reason for using the premises sufficient written statement
owner of the property, dwelling or non-residential premises where the premises are located, where applicable
person authorized real estate, apartment or non-residential space
otherwise dispose of it with placing agree. "
19th in § 46, the following paragraph 6 is added:
" (6) Trade Office will require confirmation by the competent authorities according to §
paragraph 6. 1 point. d) or e), unless the trade notification documented.
Trade Licensing Office further, unless accompanied by a trade license, require
procedure under § 72 criminal record check, if provided for this
law. Such data may be requested and transmitted in electronic form
, in a manner facilitating remote access. ".
20th In § 47 para. 2 point. f) the words "§ 5 para. 4" is replaced by "§ 5, paragraph
. 5".
21st In § 47 para. 4, after the words "and 46" words "with the exception
procedure under § 46 para. 6".
22nd In § 47, after paragraph 4 the following paragraph 5 is added:
"(5) If the Trade Office at the request of the competent state authorities or from
Criminal Records certificate or other document required for
trade declaration, running time limit for issuing a trade certificate. This period running from the date
dispatch of the request to the date of delivery receipts or other proof
from this body of government. this fact
Trade Office informs entrepreneurs without undue delay. ".
Former paragraphs 5 to 11 shall be renumbered 6 to 12
23rd In § 47 para. 9, the number "7" is replaced by "8" after the word
"did" the words "or that the applicant failed to meet the conditions for the emergence
business license" and the number "5 "
is replaced by the number" 6 ".
24th In § 47 para. 10, after the words "under paragraph 4," the words "
or paragraph 5".
25th In § 48 para. 1, after the word "means" words "(§ 60 par.
6)", the words "and the Czech Statistical Office. A copy of the trade license
Trade Office also sends" are replaced by "
Czech statistical Office, "after the words" foreign corporation "shall be inserted
words" competent health insurance company, if he is known, "and the words
" according to § 47 para. 10 and 11 " is replaced by "§ 47 para. 11 and 12
".
26th In § 48 par. 3, "according to § 47 para. 11" is replaced
"according to § 47 para. 12" and at the end of the paragraph text, the words "
unless stipulated otherwise."
27th In § 49 para. 4, the first sentence following the sentence "Unless accompanied by an extract from the Criminal
responsible representative, and if required by this Act, shall proceed
Trade Office in accordance with § 72".
28th § 51 reads:
"(1) If the Licensing Authority that the application for a license
not supported by documents confirming the facts pursuant to § 6 para. 1 point. D) or e
) or an excerpt from the Criminal Register, follows the § 46 para. 6;
after this period, the procedure for granting a license suspended. If it finds that another
requirements are not met, it shall, within 30 days of delivery
request to rectify the defects. the invitation set a reasonable deadline for their elimination
, but at least 15 days. If there are serious reasons may
Licensing Authority on the basis of the written complaint of the applicant and
deadline extended repeatedly. During the period referred to in the call management
a concession interrupts.
(2) Delete if the faults within the determined or prolonged period
Trade Licensing Office commences processing the application. If the applicant fails
defects within the period, the Trade Licensing Office suspend the proceedings. ".
29th In § 52 paragraph. 3, "according to § 47 para. 7 and 8" is replaced
"according to § 47 para. 8 and 9".
30th In § 53 par. 4, the words "§ 5 para. 4" is replaced by "§ 5 para. 5
".
31st In § 56 par. 4, the words "§ 27 para. 2" is replaced by "§ 27 para.
3" and end the paragraph with the sentence "Unless accompanied by an extract from the Criminal Records
responsible representative, and if required by this Act, shall proceed
Trade Office in accordance with § 72 ".
32nd In § 58 par. 2 "(§ 5 para. 4)" is replaced by "(§ 5 para.
5)."
33rd In § 60 paragraph 1, including footnote no. 38c reads:
"(1) The Trade Register is a public administration information system-38c)
administered by the Trade Licensing Office of the Czech Republic and operators
local Trades Licensing Offices to the extent specified in paragraphs 2 to 6 and
regional trade authorities to the extent required by paragraphs 4 and 5.
Trade Office Czech Republic into the information system
writes further statistical information and registration
character associated with operating businesses. For this purpose, they can be grouped information and data
from other information systems and registers.
38c) Act no. 365/2000 Coll., on public administration information systems and
amending certain other laws as amended by Act no. 517/2002 Coll. ".
34th In § 60 par. 3 of the last sentence deleted.
35th In § 60 paragraph 6 reads:
"(6) Trade Office provides information from the criminal authorities referred to in §
48 in electronic form in a manner enabling remote access.".
36th In § 60 par. 7 and 8, the words "central register podnikatelů39)"
Replaced by the word "register".
37th In § 65 par. 4 point. b) the word "data" the words "and
documents".
38th In § 72 the following sentences "Applications for an extract from the Criminal Records
a criminal record check can be transferred electronically, and
a manner facilitating remote access. Criminal Records Manager
issue an extract from the Register penalties under this provision within seven days from receipt of the request
. ".
39th In § 73a, the following paragraph 4 is added:
"(4) The Government may, having regard to the situation on the labor market regulation, to set
list of businesses that can not operate a natural person referred to in § 5, paragraph
. 7.".
40th In Annex no. 1 Craft trades, Part A, 101 in group:
Metals and metal products, for individual trades Blacksmiths inserted branch trade
"farriery".
41st In Annex no. 1 Craft trades, Part A, 113 in group:
Construction, the following new field of trade "Painting, lacquering and varnishing
".
PART TWO
Amendment to the Act on Trades Licensing Offices
Article II
Act no. 570/1991 Coll., On trade licensing offices, as amended by Act no. 286/1995 Coll
., Act no. 132/2000 Coll., Act no. 320/2002 Coll. and Act No.
. 284/2004 Coll., Is amended as follows:
First § 2, including the heading and footnotes. 5-5 g reads:
"§ 2
Municipal Trade Office
(1) Local Trades Licensing Office conducts activities to the extent determined by the Small Business Act
^ 5) performs other tasks determined by special legal
regulations and operates as a central registration point
a) accepting applications for registration or notification under special
legal regulation 5a) from persons doing business under a trade
permission
b ) receive notifications and messages in social security
individuals from doing business under the trade license, and to the extent determined
special legal regulations 5b)
c) take notice of people doing business on the basis of Trades
permission for creation of vacancies or cast-5c)
d) receive notifications and reports of individuals doing business under the trade license
to health insurance companies to the extent determined by the specific legal
^ regulation 5d).
(2) Municipal Trade Office forwarded within the period stipulated by the special legal regulation
^ 5e) submissions received in accordance with paragraph 1, the competent administrative authorities
^ 5f), which further according to relevant special
legislation. While the local trade office
not assess the completeness or accuracy of the these submissions.
(3) Municipal Licensing Authority is the operator ^ 5 g)
the Trade Register.
5) Act no. 455/1991 Coll., On Trades (Trade
Act), as amended.
5a) § 33 of Act no. 337/1992 Coll., On administration of taxes and fees, as amended
.
5b) § 10a of Act no. 582/1991 Coll., On organization and implementation of social security
, as amended by Act no. 214/2006 Coll.
5c) § 35 of Act no. 435/2004 Coll., On employment, as amended
regulations.
5d) § 10a of Act no. 48/1997 Coll., On public health insurance and
amendment of certain related laws, as amended by Act no. 214/2006 Coll
.
5e) § 45a paragraph. 6 of the Trade Act.
5f) § 45a paragraph. 4 of the Trade Act.
5 g) § 2 of the Act no. 365/2000 Coll., On public administration information systems
and amending certain other laws as amended by Act no. 517/2002 Coll. ".
2. In § 3 para. 1 point.), after the word "activities" the words "and that
including acting as the central registration point."
third in § 3 para. 1 letter e ) reads:
"e) the operator ^ 5 g) of the Trades register."
fourth in § 5 para. 1 letter e) reads:
"e) the administrator ^ 5 g) of the Trades register. "PART THREE
canceled Article III
canceled PART FOUR | ||
Changing the law on the organization and implementation of social security
Article IV Act no. 582/1991 Coll., on organization and implementation of social security, as amended by Act
no. 590/1992 Coll., Act no. 37/1993 Coll., Act no. 160/1993 Coll
., Act no. 307/1993 Coll., Act no. 241/1994 Coll., Act.
118/1995 Coll., Act no. 160/1995 Coll., Act no. 134/1997 Coll., Act.
306/1997 Coll., Act no. 93/1998 Coll., Act no. 225/1999 Coll., Act no. 356/1999 Coll
., Act no. 360/1999 Coll., Act No. . 18/2000 Coll., Act no.
29/2000 Coll., Act no. 132/2000 Coll., Act no. 133/2000 Coll., Act no. 155/2000 Coll
., Act no. 159/2000 Coll., Act no. 220/2000 Coll., Act no.
238/2000 Coll., Act no. 258/2000 Coll., Act no. 411/2000 Coll., Act.
116/2001 Coll., Act no. 353/2001 Coll., Act no. 151/2002 Coll., Act no. 263/2002 Coll
., Act no. 265/2002 Coll., Act No. . 309/2002 Coll., Act no.
320/2002 Coll., Act no. 518/2002 Coll., Act no. 362/2003 Coll., Act no. 424/2003 Coll
., Act no. 425/2003 Coll., Act no. 453/2003 Coll., Act no.
53/2004 Coll., Act no. 167/2004 Coll., Act no. 281/2004 Coll., Act.
359/2004 Coll., Act no. 436/2004 Coll., Act no. 501/2004 Coll., Act no. 168/2005 Coll
., Act no. 361/2005 Coll., Act No. . 381/2005 Coll., Act no. 413/2005 Coll
. and Act no. 24/2006 Coll., is amended as follows:
First In § 3 para. 2 at the end of the text, the words "and
municipal licensing offices (hereinafter referred to as" trade offices ")."
Second § 6 para. 4 at the end of the letter y) the words "and issued
Licensing Office at his request within 7 days of confirmation of the fact that the reporter
trade or applicant for a license is not in arrears in payment of premiums
social security contributions and the state employment policy
".
Third Under § 10 the following § 10a, including the heading and footnotes
fn. 32c and 32d reads:
"§ 10a
Trade Offices (1) Trade Offices adopted in cases specified by law
by self-employed persons who self
activities operate under authorized under the Trade Act
^ 32c), notice of initiation of self-employment
application for participation in pension insurance and disability insurance
deregistration from participation in the health insurance and reporting in accordance with § 48 para. 1 | || point. a) to d).
(2) Trade offices announce within the time-32d)
relevant district social security administrations
a) the facts referred to in paragraph 1, and with an indication of the date when these facts were
Licensing Office communicated
b) the creation or termination of permission to operate a trade,
suspension or interruption of trade, and indicating the date on which these | || actually occurred.
32c) § 9. 3 point. b) of the Act no. 155/1995 Coll., on pension
insurance, as amended.
32d) § 45a paragraph. 6 of Act no. 455/1991 Coll., On business
(Trade Act), as amended by Act no. 214/2006 Coll. ".
Fourth in § 11, the following paragraph 5 is added:
"(5) social security institutions and trade authorities in the limits of their competence
mutually transmit the data necessary to carry
social security for persons referred to in § 10a para. 1. Such information may be requested
and transmitted in electronic form, and it also means
allowing remote access. ".
fifth in § 14 at the end of paragraph 3 is replaced by a comma and a letter
n), which reads:
"n) trade licensing offices, where the person referred to in § 10a para. 1
filed a notice of commencement of employment or application
to participate in pension insurance or disability insurance
identification number of the person, account numbers for payment of premiums for
pension insurance and contributions to the state employment policy and
sickness insurance premiums and an indication of the amount
advance premium or premiums for health insurance. ".
6th Under § 48c is inserted § 48d, which including footnote no.
60a reads:
"§ 48d
person referred to in § 10a para. 1 may report pursuant to § 48 par. 1 point. A)
d) and registration and deregistration under § 48b paragraph. 2 and 3
done on the prescribed form ^ 60a) with the relevant Trade Licensing Office;
duty to make this announcement at the appropriate district social security
in this case is deemed to be fulfilled.
60a) § 45a paragraph . 3 of the Act no. 455/1991 Coll., as amended by Act no. 214/2006 Coll
. ".
7th In § 120a, the words "Social Security" the words "
appropriate in certain cases (§ 48d)
competent trade licensing office."
8th Under § 123f is inserted § 123 grams, added:
"§ 123 g
Forms-60a), which in cases specified by law (§ 48d)
used by persons specified in § 10a para. 1 to the Trade Licensing Offices, a
issued after consultation with the Czech Social Security Administration. ". | PART FIVE ||
Change in employment Act Article V
In § 35 of Act no. 435/2004 Coll., on employment, the current text
become paragraph 1 and paragraph 2, which
including footnotes Nos. 32a and 32b reads:
"(2) the notice referred to in paragraph 1 employer may, in the event that
so determined by special legislation 32a ^), also with the local
Trades Licensing Office. The Trade Licensing Office will pass the report
competent labor office within the time-32b).
32a) § 45a paragraph. 1 point. e) of the Act no. 455/1991 Coll., on Trade
(Trade Act), as amended by Act no. 214/2006 Coll.
32b) § 45a paragraph. 6 of Act no. 455/1991 Coll., As amended by Act no. 214/2006 Coll
.. "
PART SIX Amendment to Act public health insurance Article VI
Law no. 48/1997 Coll., on public health insurance and amending and supplementing certain
related laws, as amended by Law no. 242 /
1997 Coll., Act no. 2/1998 Coll., Act no. 127/1998 Coll., Act no. 225/1999
Coll., Act no. 363/1999 Coll., Act no. 18 / 2000 Coll., Act no. 132/2000
Coll., Act no. 155/2000 Coll., the Constitutional court ruling promulgated under no.
167/2000 Coll., Act no. 220/2000 Coll. Act no. 258/2000 Coll., Act no. 459/2000 Coll
., Act no. 176/2002 Coll., Act no. 198/2002 Coll., Act no. 285/2002 Coll
., Act no. 309/2002 Coll., Act no. 320/2002 Coll., Act no. 222/2003 Coll
., Act no. 274/2003 Coll., Act no. 362/2003 Coll. Act no. 424/2003 Coll
., Act no. 425/2003 Coll., Act no. 455/2003 Coll., Act no.
85/2004 Coll., Act no. 359/2004 Coll. Act no. 422/2004 Coll., Act no. 436/2004 Coll
., Act no. 438/2004 Coll., Act no. 123/2005 Coll., Act no. 168/2005 Coll
., Act no. 253/2005 Coll., Act no. 350/2005 Coll. and Act No.
. 361/2005 Coll., Is amended as follows:
First In § 10 paragraph. 3, the following sentence "The insured business under the trade license
fulfills this obligation even if
make notification to the competent Trade Licensing Office-17b).".
Footnote. 17b reads:
"17b) § 2 para. 1 point. D) of the Act no. 570/1991 Coll., On trade
offices, as amended by Act no. 214/2006 Coll.".
Second Under § 10 the following § 10a including footnote no. 18a reads
:
"§ 10a
Trade Offices (1) Trade Offices which have taken notice pursuant to § 10 paragraph. 3 sentence
second transmit this information within the time-18a) health insurance company,
which in its notice stated insured (hereinafter referred to as "relevant
Company").
(2) Trade offices communicate within 5 working days of the relevant insurance
creation of the first or extinction
final authority to operate the business, and the suspension of trade, and indicating the date on which these facts occurred
.
(3) trade offices shall, on request, copies of health insurance
documents insured attached to its notification pursuant to paragraph 1
(4) Trade offices and health insurer within their scope
mutually transmit the data necessary to carry
public health insurance for self-employed persons | || business under the trade license.
18a) § 45a paragraph. 6 of Act no. 455/1991 Coll., on business
(Trade Act), as amended by Act no. 214/2006 Coll . '.
Third In § 40, the following paragraph 6 is added:
"(6) Health insurance companies give impetus Licensing Office to cancel the trade license
entrepreneurs for failure to
businesses pay premiums for public health insurance.".
PART SEVEN
Amendment to the Act on premiums for general health insurance
ARTICLE VII
Act no. 592/1992 Coll., On premiums for general health insurance, as amended
Act no. 10/1993 Coll., Act no. 15/1993 Coll., Act no. 161/1993 || | Coll., Act no. 324/1993 Coll., Act no. 42/1994 Coll., Act no. 241/1994
Coll., Act no. 59/1995 Coll., Act no. 149/1996 Coll ., Law no. 48/1997
Coll., Act no. 127/1998 Coll., Act no. 29/2000 Coll., Act no. 118/2000
Coll., Act no. 258/2000 Coll., Act no. 492/2000 Coll., Act no. 138/2001
Coll., Act no. 49/2002 Coll., Act no. 176/2002 Coll., Act no. 309/2002
Coll., Act no. 424/2003 Coll., Law no. 437 / 2003 Coll., Act no. 455/2003
Coll., Act no. 53/2004 Coll., Act no. 438/2004 Coll., Act no. 123/2005 Coll
., Law no. 381 / 2005 Coll., Act no. 413/2005 Coll. and Act no. 545/2005 Coll
., is amended as follows:
First In § 23 para. 6 at the end of subparagraph g) is replaced by a comma and
subparagraph h), which including footnote no. 40c reads:
"H) trade licensing offices, where the self-employed
business under the trade license submitted notifications of
self-employment, the data needed to fulfill
according to a special legal regulation 40c).
40c) Act no. 570/1991 Coll., on trade licensing offices, as amended
. ".
Second In § 24, the following paragraphs 4 and 5, including the footnote No.
. 40d added:
"(4) Self-employed business under the trade license may
notification referred to in paragraph 1, if
served at the commencement or termination of employment, to make
prescribed form-40d) with the relevant Trade Licensing Office;
duty to make this announcement at the health insurance company in this case
considered fulfilled.
(5) the date of notification duty shall be the day in which
notice was forwarded to the competent health insurance company, or
filed in the cases specified in paragraph 4, competent trade licensing office, or
day, which was a postal item containing the announcement.
40d) § 45a paragraph. 3 Act no. 455/1991 Coll., as amended by Act no. 214/2006 Coll
. ".
Third In § 28 at the end of the sentence "The forms, which in the case
established by this Act (§ 24 para. 4) use a self-employed
to the Trade Licensing Offices are issued after consultation with the General Health Insurance
Czech Republic.".
PART EIGHT
Amendment to the Act on Certain Information Society Services
Article VIII
§ 7 of the Act no. 480/2004 Coll., On certain information society services
and amending some laws (Act on certain services of the information society
), as amended by Act no. 444/2005 Coll., Including
title and footnotes. 5 reads:
"Dissemination of commercial communications
§ 7
(1) Commercial communications can be spread by electronic means only
conditions stipulated by this law.
(2) Details electronic contact can to disseminate
business communication by electronic means be used only in relation to users,
who have given their prior consent.
(3) Notwithstanding paragraph 2, where a natural or legal person obtains
from your customer details electronic contact for
e-mail in connection with the sale of a product or service by
requirements of privacy by a special legal regulation
^ 5), the same natural or legal person may use these
electronic contact details for communicating business
communications regarding its own similar products or services for
provided that the customer has a clear and distinct possibility
simple manner, free of charge or on behalf of the natural or legal persons
refuse consent to such use of your electronic contact
when sending each message, if initially refused such use
.
(4) Send e-mail to disseminate commercial communication
is prohibited unless
A) this is not clearly and clearly labeled as business communication
B) hiding or concealing the identity of the sender on whose behalf the
communication takes place or
C) is a valid address to which the recipient could
directly and efficiently send the information that it wishes to him
business information sent by the sender continues.
5) Act no. 101/2000 Coll., On protection of personal data and amending certain laws
, as amended. ".
PART NINE Amendment to Act No. . 159/1999 Coll., Article IX
Act no. 159/1999 Coll., on certain conditions of business in
tourism and amending Law no. 40/1964 ., Civil Code,
amended, and Act no. 455/1991 Coll., on Trades
(Trade Act), as amended, as amended
Law no. 37/2004. and Act no. 39/2004 Coll., is amended as follows:
First In § 1 par. 2 point a) is deleted.
Existing letters b) and c) are renumbered) and b).
Second In § 2 para. 1 first sentence, the word "entitled"
insert the word "organize".
Third In § 2 para. 1 the following sentence is added: "Travel agencies
is also the person who, at the time of signing the travel contract office or place
business in another EU member state or in another state
the European economic area other than the Czech Republic (hereinafter
"travel agency established in the territory of another state").
Travel agency established in the territory of another state must undertake under the authority of the State
travel agency and have arranged insurance
guarantee in case of bankruptcy of a travel agency, or be otherwise for this
be ensured at least to the extent specified in this Act. ".
Fourth In § 2 para. 2 point. a) the words "on the basis of individual orders
sell their combinations" are deleted.
Fifth In § 3 para. 4 the word "name" is replaced by "firm".
6th In § 3, the following paragraph 5 is added:
"(5) Travel agency is also obliged
a) the promotion, invitations and other materials, including
electronic forms, always inform the travel agency which is mediated tour
sale ,
b) prior to the conclusion of the travel contract to submit candidates for closure
travel contract (hereinafter referred to as "candidates") to his request for consultation
proof of insurance in case of bankruptcy of a travel agency, for || | which facilitates the sale of the tour,
c) before the start brokering the sale of trips for travel agency
established in the territory of another State, shall immediately inform about this fact
Ministry for Regional development (hereinafter the "Ministry"); and
including data on the extent of insurance in case of bankruptcy of the travel
offices or other forms of securing these tours,
d) in the sale of trips for travel agents
established in the territory of another State to submit interested parties upon request for inspection
copy of the authorization to operate a travel agency, including its
officially certified translation and inform interested parties about the extent of insurance for
travel agency insolvency or other collateral such
tours || |
E) in the sale of a trip through the means of distance communication
^ 6a) to provide candidates with sufficient advance
data referred to in § 10. "
Footnote. 6a reads:
"6a) § 53 and 53a of the civil Code.".
seventh in § 5 para. 1 the words "Ministry for Regional development (hereinafter
" Ministry ")" replaced by the word "Ministry".
eighth in § 6, after paragraph 2 the following paragraph 3 is added:
"(3) the insurance contract must be concluded so that the insurance | || apply to all tours sold during the term of the insurance contract
unless travel agency conclude a new insurance contract.
Point of sale means a trip time of conclusion of the travel contract.
Understanding insurance policies that are inconsistent with the requirement under sentence
First, they are invalid. ".
Existing paragraph 3 shall be renumbered 4.
9. § 9 including heading reads:
"travel agents
§ 9
(1) Travel agency
A) is required throughout its business activities have concluded
insurance contract pursuant to § 6-8,
B) may not resell the tour according to § 2 para. 2 point. d)
entity that is not a travel agency within the meaning of § 2 para. 1
C) is required to identify a business and promotional and other materials for customer
words "travel agency" if the label does not already
its business; names "travel agent" or "CK" can only be used
businessman who holds a valid concession ^ 4).
(2) Travel agency is also obliged
A) submit, before the conclusion of the travel contract bidders, at his request
insight proof of insurance in case of bankruptcy of the travel
office
B) in the sale of another trip to a travel agency to comply with the obligations
First in publicity, invitations and other materials, including
electronic forms, always informed, for which a travel agency
Trip mediated sale,
Second before the conclusion of the travel contract to submit candidates for closure
travel contract (hereinafter referred to as "candidates") to his request for consultation
proof of insurance in case of bankruptcy of a travel agency, for
which facilitates the sale of travel
Third before the start brokering the sale of trips for travel agents
established in the territory of another state to immediately report this fact
Ministry for Regional Development (hereinafter the "Ministry"), including data on the extent
insurance for bankruptcy travel agencies
or other collateral these tours,
Fourth in the sale of trips for travel agents
established in the territory of another State to present candidates at his request, for inspection
copy of the authorization to operate a travel agency, including its
officially certified translation and inform interested parties about the extent of insurance for
of travel agency, or other forms of security such
tours
Fifth in the sale of a trip through the means of distance communication
^ 6a) to provide candidates with sufficient advance
data referred to in § 10.
(3) Travel agency established in the territory of another state is required before
start selling tours to immediately inform about this fact
ministry, including data on the extent of insurance guarantee in case
bankruptcy of a travel agency or other forms of securing these tours. ".
10th in § 11, the words" § 6. 3 "is replaced by" § 6 par. 4 "and the words
" § 9 point. a) and b) "is replaced by" § 9. 1 point. a) and b). "
PART TEN Amendment to Act on Energy Management
ARTICLE X, § 4 of the Act no. 406/2000 ., on energy management, paragraph 2 reads:
"(2) territorial energy concept captures for its territory
Regional Authority, the city of Prague and municipalities
statutory cities (hereinafter" acquirer ") under delegated powers.
Territorial energy concept is part of the urban planning documentation. ".
PART ELEVEN Amendment of Consumer Protection Act, Article XI
In § 19 paragraph. 1 of Act no. 634/1992 Coll., on consumer protection, as amended
Act no. 104/1995 Coll., the words "or place of business"
complete the sentence "the seller is obliged to issue a consumer
written confirmation that the consumer has exercised the right of what the content of the complaint and what
method of claim handling consumer requests; and further confirmation of the date
a way of settling the claim, including confirmation of repair and
its duration, or a written justification for rejecting the claim.
This obligation also applies to other persons designated to carry out repairs. ".
PART TWELVE Amendment to the Act on state social support
ARTICLE XII
Act no. 117/1995 Coll., on state social support, as amended by Act no. 137/1996 Coll
., Act no. 132/1997 Coll., Act no. 242/1997 Coll., Act no.
91/1998 Coll., Act no. 158/1998 Coll., Act no. 360/1999 Coll., Act no. 118/2000 Coll
., Act no. 132/2000 Coll. Act no. 155/2000 Coll., Act no. 492/2000 Coll
., Act no. 271/2001 Coll., Act no. 151/2002 Coll., Act no. 309/2002 Coll
. Act no. 320/2002 Coll., Act no. 125/2003 Coll., Act no. 362/2003 Coll
., Act no. 424/2003 Coll., Act no. 438/2003 Coll., Act no.
453/2003 Coll., Act no. 53/2004 Coll., Act no. 237/2004 Coll., Act no. 315/2004 Coll
., Act no. 436/2004 Coll. Act no. 562/2004 Coll., Act no. 124/2005 Coll
., Act no. 168/2005 Coll., Act no. 204/2005 Coll., Act no. 218/2005 Coll
. Act no. 377/2005 Coll., Act no. 381/2005 Coll., and Act
no. 552/2005 Coll., is amended as follows:
First In § 70 para. 1 at the end of the first sentence the words "unless otherwise provided below
".
Second In § 70, the following paragraph 4 is added:
"(4) Notice is not delivered, if there is a change in dose due to an increase in the minimum subsistence
or a dependent child in order to achieve
age fixed for the use of a higher subsistence minimum. For
administration objections, paragraphs 2 and 3 accordingly. ".
PART THIRTEEN
Transitional provisions
ARTICLE XIII
First Proceedings commenced before the effective date of this Act shall be completed
under the existing legislation.
Second Uncompleted proceedings for issuing a trade certificate
for free trade reporting for legal entities will be completed by
Trade Licensing Act, as amended, effective after the effective date of this Act
.
Third The decision to suspend the operation of free reporting trades at
legal entity because neustanovení responsible representative ceases
legal effects of the effective date of this Act.
Fourth If there is under this Act to change the reporting of trades
free trades reporting on a craft, take effective date
Act no. 214/2006 Coll., Natural and legal persons meeting the conditions for the exercise of such trade
trade license this craft
trade.
PART FOURTEEN
EFFICIENCY Article XIV
This Act shall take effect on the first day of the third month following
after the date of its publication, except for the provisions of Article XIII, Section 4
which becomes effective on 1 January 2007.
Pp. Kasal vr
Klaus vr
Paroubek mp
