Decision not to approve the appointment of a responsible representative for a permitted trade

The appointment was not approved

The decision to refuse to approve the appointment of a responsible representative or the resolution to discontinue the proceedings has come into force – what happens next?

The appointment of a responsible representative is not approved

The trade licensing office issues a decision not to approve the appointment of a responsible representative for a permitted trade if:

Any of the general or specific conditions for carrying on a trade has not been met on the part of the responsible representative
The responsible representative is subject to an impediment to carrying on a trade under Section 11(3) of the Trade Licensing Act
The state administration authority competent under Annex 3 to the Trade Licensing Act does not agree to the appointment of the responsible representative

The decision not to approve the appointment of a responsible representative for a permitted trade for a natural person includes:

Given name and surname, academic title or scientific degree
Birth registration number, if assigned
Date of birth of the entrepreneur
The address of the entrepreneur, for a foreign person the address of domicile outside the Czech Republic and the address of residence in the Czech Republic, if permitted
The designation and address of the branch plant in the Czech Republic, if set up
Company name, if the natural person is registered in the commercial register
Personal identification number, if assigned
The objects of business in full or in part in accordance with Section 50(2) of the Trade Licensing Act
The address of the registered office
The given name and surname, academic title or scientific degree of the responsible representative
Date of birth of the responsible representative
The address of domicile of the responsible representative, in the case of a foreign person the address of domicile outside the Czech Republic and the address of residence in the Czech Republic, if permitted
The date and place of issue of the decision

The decision not to approve the appointment of a responsible representative for a permitted trade for a legal person includes:

Company name, business name
The address of the registered office
Personal identification number, if assigned
In the case of a foreign person, the designation and address of the branch plant in the Czech Republic
The objects of business in full or in part in accordance with Section 50(2) of the Trade Licensing Act
The given name and surname, academic title or scientific degree of the responsible representative
Date of birth of the responsible representative
The address of domicile of the responsible representative, in the case of a foreign person the address of domicile outside the Czech Republic and the address of residence in the Czech Republic, if permitted
The date and place of issue of the decision

The decision of a municipal trade licensing office not to approve the appointment of a responsible representative for a permitted trade may be appealed within 15 days from the date of its notification to the entrepreneur and other parties to the proceedings. The appeal is to be lodged with the municipal trade licensing office that issued the decision being appealed. The municipal trade licensing office will assess the appeal and, if it does not grant the appeal, it will refer it to the superior regional trade licensing office for further proceedings. The further course of the proceedings then depends on whether the defects in the application for approval of the appointment of a responsible representative have been rectified during the appeal proceedings.

Discontinuance of proceedings in respect of an amendment to the decision on a concession

The trade licensing office will discontinue the proceedings in respect of the decision to approve the appointment of a responsible representative if:

The applicant withdrew their application
The applicant failed to rectify the defects in their application within the time limit specified, and the defects prevent the proceedings from continuing
The applicant failed to pay the administrative fee within the time limit specified
Proceedings in respect of an application of the same applicant in the same matter have already been opened with another administrative authority
The applicant has died or been dissolved and its legal successors are not continuing the proceedings
For other reasons provided by law

The decision to discontinue the proceedings is made by the trade licensing office through a resolution, in which it will state, among other things, the following:

The identification of the submission of the notification of changes on basis of which the proceedings were opened
The identification information of the entrepreneur
Basic information on the content of the changes notified
The reason for discontinuance of proceedings

The resolution of a municipal trade licensing office to discontinue the proceedings may be appealed within 15 days from the date of its notification to the entrepreneurs and other parties to the proceedings. The appeal is to be lodged with the municipal trade licensing office that issued the resolution being appealed. The municipal trade licensing office will assess the appeal and, if it does not grant the appeal, it will refer it to the superior regional trade licensing office for further proceedings. The further course of the proceedings then depends on whether the defects in the application for approval of the appointment of a responsible representative have been rectified during the appeal proceedings.