Guide to Obtaining a Trade Licence in Ostrava Municipality
How to Make Trade Licence
Presented by: Zita Řezáčová
Ostrava Municipality
Trade Licensing Office
June 2020
Trade Licensing Act
•
MPO = Ministry of Industry and Trade
•
Trade Licensing Act no. 455/1991 Coll.
Generally valid
national information to help
you deal with a wide range of practical issues:
•
N
otifications
,
permits
and documents
needed to
start a business
•
R
equirements for offering services on a temporary
basis
Živnostenský úřad Ostrava = ŽÚ
Trade Licensing Office Ostrava
Trade Licensing Act: 4 Types of Trades
•
VOCATIONAL TRADES
(crafts, e.g. Hairdressing)
= řemeslná živnost,
REGULATED
•
PROFESSIONAL TRADES
(e.g. Accounting, Real Estate Mediation)
= vázaná živnost,
REGULATED
•
PERMITTED TRADES
(Special Licences/Concessions, e.g. Road
transportation)
= koncesovaná živnost,
REGULATED
•
UNQUALIFIED TRADE
(free trade, no need of professional
qualifications, e.g. Teaching,
Manufactur
ing
of
T
extile
P
roducts
, Some
kinds of Consulting activities, Translations and Interpreting etc.)
= volná živnost
https://www.mpo.cz/en/business/licensed-trades/legislation/government-
decree-no--278-2008-coll---83759/
Applicant
for
the
Certificate of Trade Authorisation
EU citizen (+ non EU considered
to be EU citizen)
•
General conditions (full legal
capacity and integrity)
•
Extract from
Crime Register
from
home state
or the state
of the most recent stay
(
only
for those having no temporary
residence in CZ
)
not older than 3
months
•
Professional qualification
–
(if required)
•
Permission for the Place of
business (The Seat) signed by
the owner/s
Non EU citizen (the third country
citizen)
•
General conditions (full legal
capacity and integrity)
•
Extract from Crime Register of
home state
(+ apostille or
superlegalization if required) not
older than 3 months
•
Professional qualification
–
(if required)
•
Long-term visa
(not obligatory)
•
Permission for the Place of
business (the Seat) signed by the
owner/s
Applicants from non-EU countries
considered to be EU applicants (§ 70)
I.
a family member of a citizen of
EU or EEA or Switzerland
II.
a person
with
permanent residence
in CZ (is considered
to be the Czech citizen, not a foreigner)
and his/her family
III.
Non-EU citizen with
the legal status of a long-term
resident of
CZ, or another EU state
IV.
Non-EU citizen with the
granted residence in
CZ
or
another
EU country
for the purpose of scientific research,
studies, training or
voluntary service
V.
a family member of a person referred to in
III.
or
IV. with
long
-
term
residence in
CZ
VI.
Non-EU citizen
who is a victim of trafficking
or similar if
has been granted residence in
CZ or another EU state
VII.
the holder of a European Union Blue Card
Notification of
the
Regulated
T
rade
Special conditions (professional competence):
•
§ 21 and § 22
of th
e
Act
(vocational)
•
§ 24, Annex no. 2 of the Act (professional)
•
§ 26, § 27, Annex no. 3 of the Act (permitted)
Professional Competence may be fulfilled by a
responsible representative appointed by an
Applicant.
Responsible Representative
•
Must fulfill the same general conditions (§ 6):
–
minimum age of 18 and a clean criminal record
–
No restrictions on carrying on the trade (§ 8)
•
Must prove his/her professional competence (§ 7) by
submitting
the original of the document
,
or an officially
certified copy
of it to the Trade Licensing Office
•
Must sign the
declaration that
s/
he agrees to
t
his
appointment; the
signature on the
D
eclaration
must
be
officially certified unless
signed in person directly at
the
T
rade
L
icensing
O
ffice
.
•
No person may be appointed
as
the responsible
representative for more than four entrepreneurs
.
Language of the Documents
•
All documents, if not
drafted
in the Czech language,
shall be
translated
.
•
The
official
certified t
ranslation to the Czech language
is
required only for non-EU countries.
•
EU countries can submit a non-official translation.
•
Slovak documents do not have to be translated at all.
Certified “Rubber Stamped“ Translation
(=Soudní překlad)
The Translator/ Interpreter has
the authorisation/certification
by the Court of Justice
for the particular language.
Non EU Applicant Without
the Long Term Permit to Stay
•
If a non-EU Applicant meets all the requirements for notifying a
trade except the long-term permit to stay in CZ, s/he will receive
the
Extract from the Trade Registry for the
purpose of
the
residence permit procedure
.
•
Later on, the Applicant is obliged to submit (
§ 5 of Act No.
455/1991 Coll.
)
visa for a stay of more than 90 days or a long-term
residence permit
to
the T
rade
L
icense
O
ffice
where
the trade was
registered
within 3 working days
from
its issuing by the Foreign
Police (§
93
of
Act No. 326/1999 Coll.
),
but no later th
a
n 6 months
from the
issuing
th
e Extract
from the
T
rade
Register.
•
Should
the applicant
fail to
submit a document confirming his
/her
residence permission in the stated
deadlines
, the
T
rade
L
icensing
O
ffice
will
decide that the
Applicant
has not
fulfilled the conditions
for the
T
rade
A
uthorisation
Commencement (
§ 47 par. 8 of the
Trade Licensing Act
).
Non EU Citizens With Visa
•
Trade authorization is issued for the length of the
permitted stay
•
Before the end
of the specific period the
enterpreneur
MUST ASK
the
Trade License Office
FOR
the prolongation and
submit a
new residence permit
issued by the Foreign Police.
•
If she/he doesn‘t have a new residence permit yet,
the Trade Licese Office
shall call upon that person to
do so and set a reasonable time period for doing so
.
If
the permit is not submitted within the period set
on
the call
, the
T
rade
A
uthorisation
will
be terminated on
the last day of th
e
period
set.
How to Apply
for
the
Trade
A
uthorisation
(=oprávnění)
•
Step by step Guide to Licensed Trades with all
the details can be found and downloaded here:
https://www.mpo.cz/en/business/licensed-
trades/guide-to-licensed-trades/
•
A
dministration fees
:
–
CZK 1
,
000 for
the first act of
notifying
any number
of
trade
s
at the
very
commencement of
your
trading
–
CZK 500 for
notifying further trade
s later
Before you Go in Person
to the Trade Licensing Office
Please check with us IF:
•
Your chosen licensed trade requires professional
qualifications
•
You can be considered as EU or non-EU citizen
•
You need an extract from the Crime Register
•
if so, check whether you need an Apostille or Superlegalization
•
You need visa / long term stay permission
•
EU
citizen
s
are
obliged to report the place of stay to the
F
oreign
P
olice of the Czech Republic within 30 days
upon
entering the
Czech Republic if the intended stay in
the
CR is longer th
a
n 30 days
What to take with you for Notifying
a Licensed Trade as a Natural Person
(Fyzická osoba)
•
Identification card / certificate of residence / long-term
permit
•
Filled in and signed “
Permission for the Place of
B
usines
s“
(Consent to the Seat)
signed by the owner
/s:
„Souhlas s umístěním sídla – Fyzická osoba“
https://www.ostrava.cz/cs/urad/magistrat/odbory-magistratu/zivnostensky-
urad/formulare-1/souhlas-s-umistenim-sidla
•
If you are the
of the property where you intend to have
your seat
, you will simply sign an Affidavit (= Declaration
of Honour) that you are the only owner
•
Statement of the Criminal Record (if needed)
•
Evidence of Professional competence (if needed)
Notification of a
T
rade as
a C
orporation
= Legal Person
(according to the Act No. 90/2012 Coll., on
Corporations and Cooperatives)
•
a document proving that the legal person has been
established or founded
in the form of notarial deed
•
Permission for the Place of
B
usiness
(the Seat)
signed by the
owner
“S
ouhlas s umístěním sídla
– Právnická osoba“
(= Legal Person)
•
For regulated trades: Declaration signed by the responsible
representative + respective professional qualifications
evidence
•
Power of Attorney if statutory body is not present in person
•
Detailed information:
https://www.mpo.cz/en/business/licensed-trades/guide-to-
licensed-trades/
In case of any questions please contact me:
Phone number: 599 443 080, e-mail:
zrezacova@ostrava.cz
In person: City Council, Trade Licensing Office, door no. 118
Prokešovo náměstí 8, Ostrava, the Left Wing Entrance
Press “Výdej dokumentů“ and choose Zita Řezáčová at the
automatic call out system.
Thank you for your attention. Zita Řezáčová
Learn about the process of obtaining a trade licence in Ostrava Municipality, including the types of trades, necessary qualifications, and requirements for EU and non-EU citizens. Explore information on the Trade Licensing Act and the Trade Licensing Office in Ostrava.
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Presentation Transcript
How to Make Trade Licence Presented by: Zita ez ov Ostrava Municipality Trade Licensing Office June 2020
Trade Licensing Act MPO = Ministry of Industry and Trade Trade Licensing Act no. 455/1991 Coll. https://www.mpo.cz/en/business/licensed-trades/legislation/
ivnostensk ad Ostrava = Trade Licensing Office Ostrava Generally valid national information to help you deal with a wide range of practical issues: Notifications, permits and documents needed to start a business Requirements for offering services on a temporary basis
Trade Licensing Act: 4 Types of Trades VOCATIONAL TRADES (crafts, e.g. Hairdressing) = emesln ivnost, REGULATED PROFESSIONAL TRADES (e.g. Accounting, Real Estate Mediation) = v zan ivnost, REGULATED PERMITTED TRADES (Special Licences/Concessions, e.g. Road transportation) = koncesovan ivnost, REGULATED UNQUALIFIED TRADE (free trade, no need of professional qualifications, e.g. Teaching, Manufacturing of Textile Products, Some kinds of Consulting activities, Translations and Interpreting etc.) = voln ivnost https://www.mpo.cz/en/business/licensed-trades/legislation/government- decree-no--278-2008-coll---83759/
Applicant for the Certificate of Trade Authorisation EU citizen (+ non EU considered to be EU citizen) General conditions (full legal capacity and integrity) Extract from Crime Register from home state or the state of the most recent stay (only for those having no temporary residence in CZ) not older than 3 months Professional qualification (if required) Permission for the Place of business (The Seat) signed by the owner/s Non EU citizen (the third country citizen) General conditions (full legal capacity and integrity) Extract from Crime Register of home state (+ apostille or superlegalization if required) not older than 3 months Professional qualification (if required) Long-term visa (not obligatory) Permission for the Place of business (the Seat) signed by the owner/s
Applicants from non-EU countries considered to be EU applicants ( 70) I. II. a family member of a citizen of EU or EEA or Switzerland a person with permanent residence in CZ (is considered to be the Czech citizen, not a foreigner) and his/her family III. Non-EU citizen with the legal status of a long-term resident of CZ, or another EU state IV. Non-EU citizen with the granted residence in CZ or another EU country for the purpose of scientific research, studies, training or voluntary service V. a family member of a person referred to in III. or IV. with long-term residence in CZ VI. Non-EU citizen who is a victim of trafficking or similar if has been granted residence in CZ or another EU state VII. the holder of a European Union Blue Card
Notification of the Regulated Trade Special conditions (professional competence): 21 and 22 of the Act (vocational) 24, Annex no. 2 of the Act (professional) 26, 27, Annex no. 3 of the Act (permitted) Professional Competence may be fulfilled by a responsible representative appointed by an Applicant.
Responsible Representative Must fulfill the same general conditions ( 6): minimum age of 18 and a clean criminal record No restrictions on carrying on the trade ( 8) Must prove his/her professional competence ( 7) by submitting the original of the document, or an officially certified copy of it to the Trade Licensing Office Must sign the declaration that s/he agrees to this appointment; the signature on the Declaration must be officially certified unless signed in person directly at the Trade Licensing Office. No person may be appointed as the responsible representative for more than four entrepreneurs.
Language of the Documents All documents, if not drafted in the Czech language, shall be translated. The official certified translation to the Czech language is required only for non-EU countries. EU countries can submit a non-official translation. Slovak documents do not have to be translated at all. Certified Rubber Stamped Translation (=Soudn p eklad) The Translator/ Interpreter has the authorisation/certification by the Court of Justice for the particular language.
Non EU Applicant Without the Long Term Permit to Stay If a non-EU Applicant meets all the requirements for notifying a trade except the long-term permit to stay in CZ, s/he will receive the Extract from the Trade Registry for the purpose of the residence permit procedure. Later on, the Applicant is obliged to submit ( 5 of Act No. 455/1991 Coll.) visa for a stay of more than 90 days or a long-term residence permit to the Trade License Office where the trade was registered within 3 working days from its issuing by the Foreign Police ( 93 of Act No. 326/1999 Coll.), but no later than 6 months from the issuing the Extract from the Trade Register. Should the applicant fail to submit a document confirming his/her residence permission in the stated deadlines, the Trade Licensing Office will decide that the Applicant has not fulfilled the conditions for the Trade Authorisation Commencement ( 47 par. 8 of the Trade Licensing Act).
Non EU Citizens With Visa Trade authorization is issued for the length of the permitted stay Before the end of the specific period the enterpreneur MUST ASK theTrade License Office FOR the prolongation and submit a new residence permit issued by the Foreign Police. If she/he doesn t have a new residence permit yet, the Trade Licese Office shall call upon that person to do so and set a reasonable time period for doing so. If the permit is not submitted within the period set on the call, the Trade Authorisation will be terminated on the last day of the period set.
How to Apply for the Trade Authorisation (=opr vn n ) Step by step Guide to Licensed Trades with all the details can be found and downloaded here: https://www.mpo.cz/en/business/licensed- trades/guide-to-licensed-trades/ Administration fees: CZK 1,000 for the first act of notifying any number of trades at the very commencement of your trading CZK 500 for notifying further trades later
Before you Go in Person to the Trade Licensing Office Please check with us IF: Your chosen licensed trade requires professional qualifications You can be considered as EU or non-EU citizen You need an extract from the Crime Register if so, check whether you need an Apostille or Superlegalization You need visa / long term stay permission EU citizens are obliged to report the place of stay to the Foreign Police of the Czech Republic within 30 days upon entering the Czech Republic if the intended stay in the CR is longer than 30 days
What to take with you for Notifying a Licensed Trade as a Natural Person (Fyzick osoba) Identification card / certificate of residence / long-term permit Filled in and signed Permission for the Place of Business (Consent to the Seat) signed by the owner/s: Souhlas s um st n m s dla Fyzick osoba https://www.ostrava.cz/cs/urad/magistrat/odbory-magistratu/zivnostensky- urad/formulare-1/souhlas-s-umistenim-sidla If you are the of the property where you intend to have your seat, you will simply sign an Affidavit (= Declaration of Honour) that you are the only owner Statement of the Criminal Record (if needed) Evidence of Professional competence (if needed)
Notification of a Trade as a Corporation = Legal Person (according to the Act No. 90/2012 Coll., on Corporations and Cooperatives) a document proving that the legal person has been established or founded in the form of notarial deed Permission for the Place of Business (the Seat) signed by the owner Souhlas s um st n m s dla Pr vnick osoba (= Legal Person) For regulated trades: Declaration signed by the responsible representative + respective professional qualifications evidence Power of Attorney if statutory body is not present in person Detailed information: https://www.mpo.cz/en/business/licensed-trades/guide-to- licensed-trades/
In case of any questions please contact me: Phone number: 599 443 080, e-mail: zrezacova@ostrava.cz In person: City Council, Trade Licensing Office, door no. 118 Proke ovo n m st 8, Ostrava, the Left Wing Entrance Press V dej dokument and choose Zita ez ov at the automatic call out system. Thank you for your attention. Zita ez ov
