140/2014 Sb.
LAW
of 18 July 2003. June 2014,
amending the Act No 455/1991 Coll., on trades
(Trade Act), as amended
Parliament has passed the following Act of the Czech Republic:
Article. (I)
Act No. 455/1991 Coll., on trades (Trade Act),
as amended by law 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., the Act No. 136/1994 Coll., Act No.
200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 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., Act 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. 121/2000 Coll., Act No. 121/2000 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., Act No. 367/2000 Coll., Act No. 406/2000 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. 257/2001 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., Act No. 281/2002 Coll., Act No. 308/2002 Coll., Act No.
320/2002 Coll., the finding of the Constitutional Court, declared under no. 476/2002 Sb.
Act No. 88/2003 Coll., Act No. 130/2003 Coll., Act No. 162/2003 Coll.
Law No 224/2003 Coll., Act No. 228/2003 Coll., Act No. 274/2003 Coll.
Law No. 354/2003 Coll., Act No. 438/2003 Coll., Act No. 38/2004 Coll.,
Act No. 119/2004 Coll., the Act No. 167/2004 Coll., Act No. 257/2004 Coll.
Act No. 326/2004 Coll., Act No. 499/2004 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., Act No. 444/2005 Coll., Act No. 62/2006 Coll.
Act No. 76/2006 Coll., Act No. 109/2006 Coll., Act No. 115/2006 Coll.
Act No. 137/2006 Coll., Act No. 159/2006 Coll., Act No. 165/2006 Coll.
Act No. 179/2006 Coll., Act No. 186/2006 Coll., Act No. 191/2006 Coll.
Law No. 212/2006 Coll., Act No. 214/2006 Coll., Act No. 225/2006 Coll.
Act No. 310/2006 Coll., Act No. 315/2006 Coll., Act No. 160/2007 Coll.
Act No. 269/2007 Coll., Act No. 270/2007 Coll., Act No. 296/2007 Coll.
Act No. 130/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll.,
Act No. 254/2008 Coll., Act No. 274/2008 Coll., Act No. 227/2009 Sb.
Act No. 285/2009 Coll., Act No. 145/2010 Coll., Act No. 155/2010 Sb.
Act No. 160/2010 Coll., Act No. 424/2010 Coll., Act No. 427/2010 Sb.
Act No. 73/2011 Coll., the Act No. 152/2011 Coll., Act No. 350/2011 Sb.
Law No 351/2011 Coll., Act No. 355/2011 Coll., Act No. 375/2011 Sb.
Act No 420/2011 Coll., Act No. 428/2011 Coll., Act No. 458/2011 Sb.
Act No. 53/2012 Coll., Act No. 119/2012 Coll., Act No. 167/2012 Sb.
Act No. 169/2012 Coll., Act No. 199/2012 Coll., Act No. 201/2012 Sb.
Act No. 202/2012 Coll., Act No. 221/2012 Coll., Act No. 407/2012 Sb.
Act No. 234/2013 Coll., Act No. 241/2013 Coll., Act No. 279/13 Sb.
Act No. 303/2013 Coll., Act No. 308/2013 Coll. and Act No. 309/2013
Coll., is hereby amended as follows:
1. In section 5 (3). 2, the words "permanent residence on its territory." ^ 24) "shall be replaced by
the words "the place of permanent residence on its territory ^ 24b), ^ 38e).".
Footnote 24 is repealed.
2. In section 10, paragraph 1. 1 (a). and the words ") § 47 odst. 6 and 7 ' shall be replaced by the words
"§ 47 odst. 6 to 8 ".
3. In section 10, paragraph 1. 1 at the end of the text of the letter b), the words "; It
does not apply in the case referred to in § 54 paragraph. 3. "
4. In section 17(2). 5 (c)) shall be deleted.
Subparagraph (d)), and (e)) shall become points (c) and (d)).)
5. In section 31, paragraph. 2, after the words "identification number", the words
"the person has been assigned".
6. In section 31, paragraph. 10, the word "workers" shall be replaced by
"employees".
7. In section 31, paragraph. 14, after the words "identification number", the words
"the person has been granted".
8. In section 45, paragraph. 2 (a). (f)). 3 (b). (d)), § 47 odst. 2 (a). (b)) and
paragraph. 3 (b). and) and in section 60, paragraph. 2 (a). a), the words ' identification
"following the word" persons ".
9. In section 45, paragraph. 3 letter a) is added:
"and the business name or name), of (name of the municipality of its registered office, its elements, the name of the
Street, house number or registration number, as appropriate, guidance,
postal code), for a natural person or natural persons which
are the statutory body or its members, or by a person authorised
to represent the legal person, which is a statutory body, name,
last name, social security number, if assigned, date of birth, place of residence or
address of stay on the territory of the Czech Republic, if it was allowed, and
legal persons, which is the statutory body, the business name
or the name, address (the name of the village, part of the street name, house number
or registration, where applicable, the indicative number, postal code) and
the identification number of the person, if any, ".
10. In section 46 paragraph. 2 (a). and), the words "the Member State of the European Union"
replaced by the words "State than the Czech Republic."
11. In section 46 paragraph. 2 (a). (b)):
"(b)) does not issue a State referred to in subparagraph (a)) an extract from the punishment register or
an equivalent document, a solemn declaration made before a notary public or any other
the competent authority of that State to the effect that it is not an obstacle
operation of a business under section 8 (2). 5; These documents must not be older than
than 3 months ".
12. In article 46 at the end of paragraph 6 the following sentence "Upon further is not
required to attach supporting documents referred to in paragraph 1 (b). and (b))), d) and (f)), and
paragraph 2 (a). and (b))), d), (f) and (g))) relating to a person registered in the
trade register, if these documents were already connected to the
one of the announcements, to some request for the concession or for notifications of changes
and if the fact that these documents certify remained unchanged;
the documents referred to in paragraph 1 (b). and (b))) and in paragraph 2 (a). and (b)))
must not be older than 3 months. ".
13. In article 46, the following paragraph 7 is added:
"(7) if the documents referred to in paragraph 1 (b). and (b))), d) and (f)) and in the
paragraph 2 (a). and (b))), d), (f) and (g))) presented in documentary form,
Trade Licensing Office of them creates an electronic copy that stores under the
§ 60 paragraph. 1 in the trade register.
14. In section 48, paragraph. 1 the words "(§ 60 paragraph. 5) "shall be replaced by the words" (§ 60
paragraph. 6) ".
15. In section 49 and 56 at the end of paragraph 1, the following sentence "when the Submit
the entrepreneur of the documents referred to in section 46 paragraph. 1 (a). and (b))), d) and (f)) and in the
paragraph 2 (a). and (b))), d), (f) and (g))), the Trade Licensing Office by
§ 46 paragraph. 7. ".
16. In section 49 and 56, in paragraph 1, the following paragraph 2 is added:
"(2) for the submission of documents to the notification of the amendments and additions referred to in paragraph
1 the first sentence of section 46 paragraph applies. 6 second sentence adequately. ".
Paragraphs 2 to 6 shall be renumbered as paragraphs 3 to 7.
17. In paragraph 54. 1, the words "five days" shall be replaced by the words "five working
days ".
18. In section 60 paragraph 1 reads:
"(1) the Trade Register is public administration information system ^ 38d)
held in electronic form, in which are recorded the particulars referred to in
paragraph 2 and statistical data and documentation related to the character
operation of a business. For this purpose, the information and data are taken from the
other information systems and registers. Trade Manager
the registry is currently in the Czech Republic and its operators
regional business offices are within the range specified in paragraphs 3 to
5 and the municipal trade offices in the extent laid down in paragraphs 2 to 5.
The municipal authorities in this business information system
the documents showing that the conditions laid down in this Act
referred to in section 46 paragraph. 7. ".
19. In section 60, paragraph. 2 of the introductory part of the provisions for the word "To" is inserted
the word "trade") in (a), the words ' of its members ' shall be
the words "or a person authorised to represent the legal person who is the
statutory authority ".
20. In section 60 paragraph 3 to 6 are added:
"(3) the Trade Register is a public list, in part formed by the data
referred to in paragraph 2, unless otherwise specified. Business license
the index is a non-public list in parts
and) the data referred to in paragraph 2 (a). m), the particulars of the place of residence and the place of
stay on the territory of the Czech Republic, the residence outside the territory of the Czech Republic and
native numbers
(b)) other particulars referred to in paragraph 2 after the expiry of four years from the date of
the demise of the last business entrepreneurs, when will these
information is transferred from the public part of the register to part trades
non-public; These data are included in the public part of the
trade register in case the businessman again gets
business permission,
(c)), the other data referred to in paragraph 2 in the case of failure to comply with the conditions
operation of a business under section 10, paragraph 1. 5, § 47 odst. 8 and § 52 paragraph. 2,
d) documents stored in accordance with paragraph 1.
(4) the Trade Licensing Office provides
and) the data referred to in paragraph 3 (b). and entrepreneurs, whom) relate,
administrative authority, if necessary for the performance of its activities, and
in the cases provided for in other legislation,
(b)) the data referred to in paragraph 3 (b). (b)), and (c)) to the person who proves a legal
interest, and to the extent specified in paragraph 5 (a). b) to (d)).
(5) On the request of the Trade Office of the trade register is published in
paper or electronic form, under the conditions referred to in paragraph 4
and the statement according to § 47) paragraph. 2 or 3; This listing shall be issued to entrepreneurs,
to which it applies,
(b) a complete statement) contains all the information referred to in paragraph 2,
(c) partial listing), which contains the data in the desired range,
(d) the certificate of a registration), where applicable, confirmation of the fact that in the
trade register the registration is not.
(6) the information held in the public area of the trade register of the Trade
the Office of the Czech Republic ^ 39) makes available in electronic form in a way
enabling remote access to this data. Data from the public part
trade register referred to in paragraph 5 (a). (b)) shall also be issued
as a certified outputs from the information system of public administration according to law
relating to the information systems of the public administration ^ 38d). The data from the
the trade register provides the Trade Licensing Office of the Czech Republic
the authorities referred to in section 48, the authorities provided for in other legislation and
administrative authority, if necessary for the performance of its activities, in
electronic form, in a manner enabling remote access, where appropriate,
another agreed manner. When the transmission of the data according to § 45a, paragraph. 4
proceed likewise. ".
21. In section 60, paragraph. 7 the introductory part of the provisions for the word "leadership" is inserted
the word "trade".
22. At the end of section 60b, the following sentence "to provide information on the outcome of the
checks for the entrepreneur or the outcome of the administrative procedure conducted with
entrepreneur to another administrative authority on the basis of his request, and for
the purposes of the inspection or the administrative procedure is not a violation of confidentiality
employees under special legislation ^ 39). ".
23. section 70 including the footnotes No. 61 to 67 reads:
"§ 70
(1) for the purposes of this Act, is deemed to be a citizen of a Member State
The European Union and the
and a citizen of another Contracting Government) of the agreement on the European economic
space and a citizen of the Swiss Confederation,
(b)) a family member of the European Union citizen or a person referred to in point (a)
a) ^ 61),
(c)) of the person who is on the territory of the Czech Republic permanent residency, and
the family member,
(d) a citizen of a third country), which was the territory of the Czech Republic or other
the Member State of the European Union granted legal status in
resident ^ 62),
e) citizen of the third country, which has been on the territory of the Czech Republic or other
the Member State of the European Union allowed to stay for the purpose of scientific
r ^ 63),
(f)) a family member of the persons referred to in point (d)), or (e)), which was
on the territory of the Czech Republic granted long-term residence ^ 64),
(g)), a citizen of a third country on the territory of the Czech Republic or other
the Member State of the European Union allowed to stay for the purpose of studies, pupil exchange
visits of pupils, unpaid training or voluntary service ^ 65),
(h) a citizen of a third country), which is a victim of human trafficking or received
assistance to illegal immigration and who cooperate with the
the competent authorities, he was on the territory of the Czech Republic or other
the Member State of the European Union allowed to stay to this end ^ 66),
I) the holder of a blue card European Union ^ 67)
.
(2) the persons referred to in paragraph 1 (b). (c) to (i))) does not apply
permission according to § 69a.
(3) A legal person established on the territory of a Member State of the European
the Union shall, for the purposes of this Act be deemed legal person whose internal
conditions shall be governed by the legislation of the Member State of the European Union, or other
Contracting State to the agreement on the European economic area, and which has
registered office, Central Administration or principal place of business at
the territory of the Member State of the European Union or another Contracting State to the agreement
on the European economic area. Per person according to the previous sentence, for
conditions and within the limits set by the Treaty on the free movement of international
people also considered a legal person whose internal conditions are governed by the
the legal order of the Swiss Confederation and has its registered office, Central Administration or
principal place of business in the territory of the Swiss Confederation.
(4) where this Act requires the presentation of documents issued by the competent
authority of the Member State of the European Union or of the performance of business activities
on the territory of a Member State of the European Union, means and documents issued by the
the competent authority of a Contracting State to the agreement on the European economic
space and documents issued by the competent authority of the Swiss Confederation and the
the performance of the activities on the territory of these States.
6
1) Article 23 and article 24, paragraph. 1 directive of the European Parliament and of the Council
2004/38/EC of 29 April 2004. April 2004 on the right of Union citizens and their family
Members to move and reside freely within the territory of the Member States,
Amendment of Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC,
68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC,
90/365/EEC and 93/96/EEC.
Article 11, paragraph 62). 1 (a). ) and article 21 paragraph. 1 Council directive
2003/109/EC of 25 November 2003. November 2003 on the legal status of the State
nationals of third countries who are long-term residents.
63) article 12 of Council Directive 2005/71/EC of 12 July 2005. October 2005 on the
a specific procedure for admitting third-country nationals for the
the purpose of scientific research.
Article 14, paragraph 64). 1 (a). (b)) of the Council Directive 2003/86/EC of 22 December 2004. September
2003 on the right to family reunification.
Article 17, paragraph 65). 1 Council Directive 2004/114/EC of 13 June 2002. December
2004 on the conditions of admission of third country nationals for the purpose of
studies, exchanges of pupils, unpaid training or
voluntary service.
Article 11, paragraph 66). 1 Council Directive 2004/81/EC of 29 April 2004. April 2004 on the
residence permit for third-country nationals who are
victims of human trafficking or have received assistance to illegal
Immigration and who cooperate with the competent authorities.
Article 14, paragraph 67). 1 and 4 of Council directive 2009/50/EC of 25 November 2003. may
2009 on the conditions for entry and residence of third-country nationals
for the purpose of highly qualified employment. ".
24. The footnote No 49 to 51 shall be deleted.
25. in annex No. 2 TRADE BOUND for business "Production
hazardous chemical substances and hazardous chemical mixtures and the sale of
chemicals and chemical mixtures classified as high
toxic) and toxic) "in the second column at the end of the text of subparagraph (e))
the words "trade law", the comma shall be replaced by "or", and
the following point (f)), which read:
"(f)) professional qualifications for working as a chemist for the operation of the device by
special legal regulation) and 4 years experience in the field; "
in the third column, the following text is inserted: ") Law No. 179/2006
Coll. on the validation and recognition of the results of further education and amending
Some laws (law on the recognition of the results of further education), in the
as amended, ".
26. in annex No. 2 TRADE BOUND for business "Special
protective disinfection, disinsection, and disinfestation-without the use of toxic
or highly toxic chemical substances and chemical preparations with
the exception of the special protective disinfection, disinsection, and disinfestation in
Food and agricultural plants,-in food or
agricultural plants,-toxic or highly toxic chemical
substances or chemical products, with the exception of special protective
disinsection, and disinfestation in food or agricultural plants "
in the first column, the word "preparations" shall be replaced by "mixture" and the word
"products" shall be replaced by the word "mixtures"; in the second column, the text reads:
"for a special protective disinfection, disinfestation and meanwhile, without
the use of toxic or highly toxic chemicals and chemical
mixtures with the exception of special protective disinfection, disinsection, and disinfestation
in food and agricultural operations:
and professional capacity) according to § 58 paragraph. 1 Act No. 258/2000 Coll., on the
the protection of public health and amendment to certain related acts, in
the text of Act No. 392/2005 Coll., or
(b) the professional qualifications for the activity) the rendering of the worker without fumigants
under special legislation) or
c) documents under section 7. 5 (a). (j)), k), (l)), or m) trade
the law;
for special protective disinfection, disinfestation and meanwhile in
food or agricultural plants:
and professional capacity) according to § 58 paragraph. 2 Act No. 258/2000 Coll., on the
the text of Act No. 392/2005 Coll., or
(b) the professional qualifications for the activity) the rendering of the worker without fumigants
under special legislation) or
c) documents under section 7. 5 (a). (j)), k), (l)), or m) trade
the law;
for special protective disinfection, disinfestation and meanwhile, the toxic
or highly toxic chemicals or chemical mixtures, with
the exception of the special protective disinsection, and disinfestation in food
or agricultural plants:
and professional capacity) according to § 58 paragraph. 3 of Act No. 258/2000 Coll., on the
the text of Act No. 392/2005 Coll., or
(b) the professional qualifications for the activity) the rendering of the worker with fumigants
under special legislation) or
c) documents under section 7. 5 (a). (j)), k), (l)), or m) trade
the law ";
in the third column, the text reads: ") Law No. 179/2006 Coll., as amended by
amended ".
27. in annex No. 2 TRADE BOUND for business "
physical training and sports services in the area of) "in the second column, the
at the end of the text of subparagraph (c)) following the word "or" and the following
the letter d), which read:
"d) professional qualifications for the appropriate area of the physical education
activities * *) ";
in the third column, the following text is inserted: ") Law No. 179/2006
Coll., as amended ".
28. in annex No. 3 FRANCHISED BUSINESS for business "production and
processing of fuels and lubricants and fuel distribution "in the second column
"for the production and processing of fuels and lubricants" for the letter d) the following new
letter e), which reads as follows:
"e) professional qualifications for working as a chemist for the operation of the device by
special legal regulation *) and 4 years experience in the field, or ";
letter e) is renumbered as paragraph (f)); "for the distribution of
fuel economy "at the end of subparagraph (d)) following the word" or ", and
the following point (e)), which read:
"e) professional qualifications for working as a chemist for the operation of the device by
special legal regulation *) and 4 years experience in the field ";
in the fifth column, the following text is inserted: ") Law No. 179/2006 Coll.
as amended ".
29. in annex No. 3 FRANCHISED BUSINESS for business "Implementation
blasting and Fireworks work "in the second column, the text reads:
"for blasting:
and permission or licence střelmistra) issued by the district mining Office),
or
(b) Technical Manager) was issued by the Czech mining
authority);
for the implementation of the Fireworks:
permission or license issued by the district mining Fireworks launchers
authority) ".
30. in annex No 4 BUSINESS FREE activities No 17. added: "17. Production
chemicals and chemical mixtures or articles and beauty
preparations ".
31. in annex 5 list of trades, whose performance is the entrepreneur is obliged to
only natural persons that meet the qualifications, and
professional competence for the exercise of those activities before the business ' Trade
animals intended for breeding interest "is the new" Eye
Optics "; in the second column, the text reads:
"and the ability to exercise medical) profession of optometrist pursuant to
special legal regulation *), or
(b)), higher professional education in the field of education chartered optician or
degree in optical techniques, or
c) secondary education with a GCSE in the field of education optician
or ocular techniques, or
d) certificates of retraining or other evidence of qualifications for
the work issued by the accredited facilities
specific legislation, or an accredited facility
The Ministry of education, youth and sports, Ministry, or to
whose scope includes the sector in which the business is operated, or
e) professional qualifications for the activities of optics pro embraces the technique under the
special legal regulation), or
(f) the proof of execution three years) experience in a self-employed capacity (Section 420
of the Civil Code) or in the employment relationship ";
in the third column, the text reads:
") Law No. 96/2004 Coll., on conditions for the acquisition and recognition
competence for the exercise of paramedical professions and to the exercise
activities related to the provision of health care and the change
Some laws (the law on the paramedical professions), in
the text of the law No 125/2005 Sb.
**) Law No. 179/2006 Coll., as amended ".
Article. (II)
Transitional provisions
1. The provisions of section 46 paragraph. 6. the second sentence of the Act No 455/1991 Coll., as amended by
effective from the date of entry into force of this law, shall not apply to those
the entrepreneur, who showed the documents to the municipal office in front of živnostenskému
date of entry into force of this Act.
2. the proceedings instituted under the Act No 455/1991 Coll., as amended effective before the
date of entry into force of this law shall be completed in accordance with Act No.
455/1991 Coll., as amended, effective from the date of entry into force of this Act.
3. Trade privileges acquired under Act No. 455/1991 Coll., as amended by
effective prior to the date of entry into force of this law, are maintained.
4. Evidence of professional competence, which was in accordance with the legal
by adjusting the effective prior to the date of entry into force of this law established
qualifications for obtaining the concession for the "implementation of blasting
and Fireworks work "in the event that the concession was awarded to final
to the date of entry into force of this Act, be considered as evidence of professional
eligibility under the Act No 455/1991 Coll., as amended, effective from the date of
the entry into force of this law.
Article. (III)
The effectiveness of the
This law shall enter into force on 1 January 2005. January 2015.
in from Arvind at r..
Zeman in r.
Sobotka in r.
