The course of the proceedings to change the responsible representative for a permitted trade
The appointment will be approved
What procedure does the office follow if the competent administrative authority issued a positive opinion or no opinion is required by law and if all the conditions prescribed by the Trade Licensing Act have been met?
The appointment will not be approved
The competent state administration authority has issued a negative opinion on the approval of the appointment of a responsible representative, the responsible representative does not meet some of the conditions set out in the Trade Licensing Act for carrying on a trade, or one of the statutory reasons for discontinuance of the proceedings has occurred. What is the further procedure followed by the trade licensing office?
If an authorisation, consent, permit or opinion (hereinafter an “opinion”) of any state administration authority is required for carrying on a trade pursuant to Annex 3 to the Trade Licensing Act or pursuant specific legislation, the trade licensing office will submit the application for approval of the appointment of a responsible representative, along with any necessary documents, to the competent administrative authority in order to issue an opinion. The competent administrative authority must issue an opinion within 30 days from the date of receipt of the application from the trade licensing office, or within the time limit set out in Annex 3 to the Trade Licensing Act. In deciding on the approval of the appointment of the responsible representative, the trade licensing office is bound by the opinion issued. If no opinion is required by Annex 3 to the Trade Licensing Act or by specific legislation, the trade licensing office will continue the proceedings to approve the appointment of the responsible representative. Before deciding to approve the appointment of a responsible representative for a permitted trade, the trade licensing office determines whether the general and specific conditions for carrying on a trade have been met and whether the applicant is subject to an impediment to carrying on a trade under Section 11(3) of the Trade Licensing Act. The further course of the proceedings then depends on whether the conditions specified by law have been met and whether the opinion of the competent state administration authority on the approval of the appointment of a responsible representative is positive or negative.