Professional notifiable trades - Czech Republic

Professional Trade means under Section 2 of the Trade Licensing Act, any systematic activity conducted independently, under the conditions stipulated in the Trade Licensing Act by a natural person or a legal person in his (its) own name and on his (its) own responsibility for the purpose of making a profit is considered a trade. In addition to the general conditions for carrying out a trade in order to carry on a professional notifiable trade, an entrepreneur must fulfill the condition of professional qualifications, which is subject to special statutory provisions laid down in Annex No 2 to the Trade Licensing Act. (A list of professional notifiable trades is provided in Annex No 2 of the Trade Licensing Act).

Who can carry out a professional trade?

A natural person whose permanent residential address is outside the territory of the Czech Republic may carry out a trade on the territory of the Czech Republic under the same conditions and to the same extent as a Czech person, unless the Trade Licensing Act or another Act provides otherwise.

Foreign natural persons who intend to carry out a trade on the territory of the Czech Republic and who are not who is citizens of a member state of the European Union or another state party to the Agreement on the European Economic Area or the Swiss Confederation must hold a residency permit on the territory of the Czech Republic, unless they intend to carry out a trade in the Czech Republic through an organizational unit. A natural person granted asylum in the Czech Republic under special regulations may carry out a trade under the same conditions as a citizen of the Czech Republic who resides in the Czech Republic.

The general conditions for carrying out a professional trade:

• to be at least 18 years of age,
• to have full legal capacity,
• to have no criminal conviction according to the Trade Licensing Act, Section 6(4),
• a document testifying that the natural person, if he transacts or has transacted business in the Czech Republic, has no tax arrears. This document is issued by the locally competent revenue office. The document must not be older than three months,
• a document testifying that the natural person, if he transacts or has transacted business in the Czech Republic, has no arrears in payment of social security contributions and the state employment policy contribution. The document is issued by the local social security office. The document must not be older than three months,

Professional qualifications for professional notifiable trades are subject to separate provisions laid out in Annex No 2 to the Trade Licensing Act. If Annex No 2 stipulates that professional qualifications consist of the completion of an apprenticeship in the field or of a particular secondary-school education concluded by a school-leaving examination. Compliance with this condition is also regarded as proven by a re-training certificate pursuant to Section 22(1)(e) and proof of four years’ experience in the field.