A foreign legal person with its registered office in the EU
The information to be indicated in the notification of a trade or an application for a concession includes in particular the following:
- Company name, business name
- Address of the registered office outside the Czech Republic
- Information on the natural person(s) who are its statutory body or members of its statutory body or the person authorised to represent a legal person that is the statutory body (given name, surname, birth registration number, if assigned, date of birth, address of domicile or address of residence in the Czech Republic, if permitted)
- Information on the legal person who is its statutory body (company name or business name, address of its registered office and the personal identification number, if assigned)
- Information concerning the responsible representative through whom the trade is carried on (given name, surname, citizenship, address of domicile or address of residence in the Czech Republic, if permitted, birth registration number, if assigned, date of birth, place of birth (municipality, district, country) and surname at birth)
- The designation and address of the branch plant in the Czech Republic
- Personal identification number, if assigned to the branch plant
- The objects of business in accordance with an annex to the Trade Licensing Act depending on the type of the trade, indicated in full or in part – Annex 1 for a vocational trade, Annex 2 for a professional trade, or Annex 3 for a permitted trade
- The establishment or establishments in which the carrying-on of the trade will be commenced upon inception of the trade authorisation, with the exception of mobile establishments and vending machines
- Academic title or scientific degree of the natural persons referred to above, if these will be used in carrying on the trade
- Where appropriate, the address for mail delivery from all trade licensing offices
In an application for a concession, the entrepreneur will also provide any information under specific legislation as required for the competent state administration authority to form an opinion.
Documents to be submitted to the trade licensing office when notifying a trade or applying for a concession:
- The submission on the appropriate form (completed in advance or on the spot)
- An an extract from the criminal register or an equivalent document issued by the competent judicial or administrative authority of the state where the legal person has its registered office proving that the foreign legal person with its registered office in the EU is not subject to any impediments to carrying on a trade pursuant to Section 8(5) or, if relevant, Section 8a of the Trade Licensing Act (the trade licensing office will obtain the extract from the the Criminal Records Register on its own). If that state does not issue an extract from the criminal register or an equivalent document, the legal person will submit an affidavit made in the presence of a notary or an authority of that state to the effect that the foreign legal person is not subject to any impediments to carrying on a trade pursuant to Section 8(5) or, if relevant, Section 8a of the Trade Licensing Act. These documents must not be more than 3 months old
- If the responsible representative is a citizen of an EU Member State or a person referred to in Section 70(1) of the Trade Licensing Act, they will submit an extract from the criminal register or an equivalent document issued by the competent judicial or administrative authority of the state of which they are a citizen, or the Member State of most recent residence (if the Member State of most recent residence is the Czech Republic, the trade licensing office will request an extract from the Criminal Records Register on its own) or, if relevant, an extract from the Criminal Records Register with an appendix containing the information entered in the criminal register of the Member State of which they are a citizen, or the Member State of most recent residence. If the state does not issue such an extract or document, they will submit an affidavit of good character, made in the presence of a notary or an authority of the state of which they are a citizen, or in the presence of a notary or an authority of the Member State of most recent residence (documents must not be more than 3 months old). The document may be replaced by a document proving the professional qualifications pursuant to Act No. 18/2004 Sb., on the recognition of professional qualifications and other competences of nationals of Member States of the European Union and on the amendment of certain acts, as amended, if it also proves good character
- If the responsible representative is a citizen of a state other than those mentioned above and has not been granted permanent residence in the Czech Republic, they will submit an extract from the criminal register or an equivalent document issued by the state of which they are a citizen. If that state does not issue an extract from the criminal register or an equivalent document, they will submit an affidavit of good character, made in the presence of a notary or an authority of the state of which they are a citizen, or in the presence of a notary or an authority of the state of most recent residence (documents must not be more than 3 months old). In the case of a person who has been granted permanent resident in the Czech Republic, the trade licensing office will request an extract from the Criminal Records Register on its own. This document may be replaced by a document on the recognition of professional qualifications, if it also proves that the condition of good character has been met
- A declaration by the responsible representative that they agree to be appointed, the signature on the declaration must be officially certified unless the responsible representative makes the declaration in person before the trade licensing office
- A document proving the legal title to use the premises where the branch plant of the foreign legal person is located in the Czech Republic, unless the notified address has already been registered in the commercial register or other register, if this document is required under specific legislation as a condition of registration in that register
- An extract from the commercial or similar register maintained in the state where the legal person has its registered office. The extract from the register must not be more than 3 months old
- A document proving the professional competence of the responsible representative
- Proof of payment of the administrative fee
Unless issued in the Czech language, all documents must be submitted including an official translation into Czech (this does not apply to documents in Slovak). The authenticity of the signature and stamp on the originals must be certified; this requirement does not apply to documents submitted by a citizen of a Member State of the European Union (or a person deemed to be such a citizen pursuant to Section 70 of the Trade Licensing Act) or by a legal person with its registered office (or central administration or principal place of business) in an EU Member State, unless there are doubts as to the correctness of the translation or the authenticity of the signature or stamp.