Trades

1. 1. 2014 | Source: BusinessInfo.cz

Article chapters

This document covers trades, particularly the various types of trade and the correct choice of a certain type of trade. It also outlines the problem of trades performed only by professionally qualified persons and the methods by which a trade licence may be terminated.

This document considers the current legal environment, which has been in force since 1 January 2014, i.e. the environment that materialized with the entry into force of Act No 89/2012 Coll., the Civil Code (further referred to as the “New Civil Code”), Act No. 90/2012 Coll., on Business Corporations and Cooperatives (Business Corporation Act), and the accompanying legislation related to the recodification of private law.

Matters relating to trade, i.e. the term trade in general, types of trade, conditions and impediments involved in trading and other related details are governed and treated by the Trades Licensing Act (Act No. 455/1991 Coll., on Trade Licensing). The Act was adopted in October 1991 and has been amended many times since then. The Act includes five annexes, which contain lists of the individual trades. ( Annex No. 1 – Craft trades, Annex No. 2 – Professional trades, Annex No. 3 – Licence trades, Annex No. 4 – Unqualified trade, Annex No. 5 – List of trades which may only be engaged in by natural persons who meet the conditions governing professional competence, and the professional competences required for such activities). The content of the individual trades is defined by Government Directive No. 278/2008 Coll., on the content of individual trades.

This document already incorporates the amendment (No. 303/2013 Coll.) to the Trades Licensing Act, which came into force on 1 January 2014, and which modifies several laws in relation to the recodification of private law. Changes brought about by this amendment mostly concern harmonisation of the terms used under the Trades Licensing Act with the terminology of the New Civil Code, new rules concerning general rules governing trades, and changes in the treatment of continuation of the trade upon the decease of the entrepreneur.

Contents of document:

Compiled for BusinessInfo.cz by Mgr. Marek Doleček, partner of the law firm Doleček Kahounová Sedláčková.

Modifications in Trades since 2014

New possibility for underage individuals to run a trade

The New Civil Law unlocks an entirely new opportunity for underage individuals to run their own business. Insofar, they needed permission from their legal representative. Since 1 January 2014 the underage persons may ask their legal guardians for permission to run their own business. Their guardian‘s permission needs to be upheld by the Court.

Pursuant to § 3 of the New Civil Law underage persons may be self-employed. This implies that persons under the age of 18, who have not yet reached full legal capacity to act independently, may run a business. Notwithstanding, alongside the New Civil Law other legal regulations still apply, which specify the low age boundary to perform labour activities. This age limit is set at 15 years of age.

Initially, the young person willing to run his/her owns business needs to ask his/her legal guardian for permission. The guardians are typically the parents of the person. It is assumed, that parents have the capacity to gauge the capabilities of their descendant and are able to assess correctly, whether the applicant commands the necessary aptitude. Following that, the Court has to confirm the guardian’s permission in the event that the guardian should overestimate the young person’s abilities. In this case, the Court will act as a rectifier of last instance.

The Court designated with the task to assess the permission will be chosen on the basis of the domicile of the underage person. If the application is approved, the underage person may ask for permission for trade licence with no further limitations. The underage person shall not be limited in engaging in the activities necessary to run his/her own business.

The text also brings about a new treatment of the general conditions governing trade and introduces a new institute of continuation of trade activities following the decease of the entrepreneur.

Definition of the term ‘trade’

A trade or skilled trade may be defined in the same way as business in general, i.e. as systematic activity engaged in autonomously, in one’s own name, on one’s own responsibility, for the purpose of making a profit. The difference between business in general and trading lies in the fact that for a business to be a trade, it must be governed by the Trades Licensing Act. The definition of trade is therefore narrower than the definition of business in general.

In order to constitute a trade, an activity must have all of the following characteristics:

  • it must be systematic activity
  • this activity must be engaged in autonomously
  • the activity must be engaged in by an entrepreneur under his own name
  • the entrepreneur engages in the activity on his own responsibility
  • the aim of the activity is to make a profit (however, it is not required that a profit be made, merely that the entrepreneur intends to make a profit)
  • the entrepreneur complies with the conditions stipulated by the Trades Licensing Act

The Trades Licensing Act defines the conditions positively in some aspects, as outlined above, and negatively in others, i.e. what is not classed as skilled trade. Activities which partly meet the conditions governing trade but are not classed as trade are exhaustively defined in § 3 of the Trades Licensing Act. A list of these conditions is contained in the related documents at the end of this article. The activities of doctors, lawyers, tax consultants, the lease of property, apartments and non-residential premises, amongst others, for example are not classed as trade. Other activities which have the characteristics listed above and are not excluded from the scope of the Trades Licensing Act, may be classed as skilled trade.

The law applies to both natural persons as well as to legal entities. The operation of a so-called small business by a natural person does not constitute trade, as is sometimes erroneously thought.

One entrepreneur may engage in multiple trades, although the appropriate trade licence is required for each of them.

Compiled for BusinessInfo.cz by Mgr. Marek Doleček, partner of the law firm Doleček Kahounová Sedláčková.

General conditions governing trades

In order for a person to engage in trade, besides the other conditions specified for the various different trades, that person must also meet the general conditions governing trade. Since 1 January 2014 general conditions include the requirements that the person be in possession of the following qualities:

  • be law-abiding,
  • be fully sui juris (in case of an underage person it can be substituted by consent granted by the legal representative of the underage person and reaffirmed by the Court, for more details consult the chapter on new treatment under which underage people can run their business if the Court grants its consent).

The term law-abiding persons do not include persons who have been lawfully convicted of:

  • a crime committed deliberately, either separately or concurrently with other crimes, punishable by imprisonment for at least one year, or
  • a crime committed deliberately which is not covered by the provisions of the previous paragraph, if that crime was committed in relation to business and the person is not seen as having not been convicted.

Pursuant to § 6, Section 3 of the Trade Licensing Act Czech nationals prove law-abidness by providing an excerpt from the criminal register. Nationals of other European Union Member States prove their law abidness by providing documentation in compliance with §46, Section 1, letter a) of the Trades Licensing Act and non-EU nationals providing documentation in compliance with §46, Section 1, letter b) of the Trades Licensing Act and an excerpt from the criminal register record. Foreign nationals who have been granted permanent residency in the Czech Republic prove their law-abidness in the same way as Czech nationals. Granted by a special statutory provision the Trades Licensing Office is allowed to request an excerpt from the criminal record. Both the request of the excerpt from the criminal record and the excerpt itself are sent electronically via remote access platform.

It is essential that persons intending to engage in trade are not hampered by one of the obstacles to trade. The Trades Licensing Act states the following situations as obstacles to trade:

  • Bankruptcy declared on the assets of a natural person or legal entity; in such a case trade may not be engaged in from the date on which the business is sold through a single contract or from the date on which the court decision to terminate the business enters into force.
  • An insolvency petition has been dismissed because the debtor’s assets are insufficient to cover the costs of the insolvency proceedings or because the debtor’s assets are wholly insufficient to satisfy creditors.
  • A natural person or legal entity has been sentenced or banned from engaging in trade-related activity in that particular field.
  • The entrepreneur’s trade licence has been revoked due to a serious breach of the conditions governing the granting of the licence, if that entrepreneur fails to meet his obligations to the state or has not engaged in trade for a period of more than 4 years.

New impediments to trading since 17 October 2013 (pursuant to the revised Para. 6 – entered into forced with Act No. 309/2013 Coll.)

  • natural person or legal entity to whom the trade licence has been revoked in compliance with § 58, Para. 2 or 3,
  • natural person or legal entity which was a member of a statutory body of a legal entity at the time when materialised or persisted circumstances that ultimately led to the cancellation of the trade licence in compliance with § 58, Para. 2 or 3; this provision does not apply in case the natural person or legal entity which was a member of the statutory body proves that they did their utmost to prevent the breach of the legal responsibilities which gave rise to the annulation of the trade licence,
  • legal entity of which a member of its statutory organ is a natural person or legal entity to whom the trade licence has been revoked in compliance with § 58, Para. 2 or 3,
  • legal entity of which a member of its statutory organ is a natural person or legal entity which was a member of a statutory body of a legal entity at the time when materialised or persisted circumstances that led to the cancellation of the trade licence of this legal entity in compliance with § 58, Para. 2 or 3; this provision does not apply in case the legal entity in question provides evidence that this member did his/her utmost to prevent the breach of the legal responsibilities which gave rise to the annulation of the trade licence.
  • The person described in Para. 6, letter a) a b) may register his/her notifiable trade or request a permit in the trade or in a related line of business after 3 years at the earliest since his/her previous trade concession was revoked by the legal authority; this provision does not apply when it concerns the cancellation of the trade licence of this legal entity in compliance with § 58, Para. 3, last clause, or if required by a special provision. The entrepreneur may request a trade licence in an unrelated line of business after 1 year since his/her previous trade concession was revoked by the legal authority at the earliest.

If the trade is engaged in by a legal entity, the general conditions governing the trade must be met by the responsible representative of that legal entity.

Special conditions governing trades

Special conditions governing trades are professional or other competence as stipulated by the Trades Licensing Act or other law. In most cases, this is a certificate of education or proof of the length of time working in the relevant field.

Special conditions governing trades are defined for craft trades in § 21 and 22 of the Trades Licensing Act. Special conditions governing trades for professional trades are given in Annex No. 2 of the law and in Annex No. 3 for licence trades.

All that is required to engage in an unqualified trade is compliance with the general conditions governing trades; compliance with special trade conditions is not required.

Responsible representative in trades

An entrepreneur may engage in a trade through a responsible representative. The entrepreneur’s responsible representative may be merely a natural person in a contractual relationship with the entrepreneur. That person is then responsible for the proper operation of the trade and for assuring that the relevant laws are complied with. The responsible representative must meet both the general and the special conditions governing trades and must not act in this capacity for more than four entrepreneurs.

A responsible representative is required by:

  • any entrepreneur who is a natural person and who does not meet the special conditions governing trades,
  • any entrepreneur who is a legal entity for trades requiring that special conditions be met to engage in a trade.

However, an entrepreneur may also appoint a responsible representative in cases not required by the law.

Compiled for BusinessInfo.cz by Mgr. Marek Doleček, partner of the law firm Doleček Kahounová Sedláčková.

Types of trades

In the Czech Republic trades are divided up into two groups, these being notifiable trades, which are further divided into three groups, and licence trades. Notifiable trades may be engaged in on the basis of a mere notification, while a special permit from the state, a licence, is required to engage in licence trades.

Notifiable trades

Notifiable trades may be engaged in on the basis of a mere notification issued to any trades licensing office. Notification of a trade does not require any approval procedure by the office. If the applicant meets all the conditions stipulated by the law, the trades licensing office will enter that person in the Trade Register within 5 days of receiving the notification and will issue the entrepreneur with a statement.

Unlike licence trades, notifiable trades are not covered by any authorisation scheme, but only by a scheme whereby the relevant authorities may prohibit a certain activity within the period granted by the law. If the activity is not prohibited within this period, the notifiable trade is authorised. The trade licence is therefore granted upon compliance with the lawful conditions immediately upon notification and not upon entry in the Trade Register. The excerpt from the Trade Register then serves merely as proof that the natural person or legal entity in question is authorised to engage in that particular trade. Notification of a trade is the simplest means of obtaining authorisation to trade.

Exceptions are regulated by §47, Para. 5, second clause, and  §47, Paras. 6 and 7 of the Trades Licensing Act. These provisions imply that unless the notifying entity takes a remedial action within the period granted by the law or during the prolonged period, the trades licensing office shall initiate proceedings and shall find that the trade licence has not been granted on the basis of mere notification. If the person that is being registered falls under a category specified by §10, Para. 4 of the Trades Licensing Act (i.e., foreign natural persons, foreign legal entities) the trades licensing office shall decide that the notifying entity has not met the necessary conditions to obtain trade licence.

If the notifying party takes the necessary remedial action before the final verdict has been reached and the trade licensing office finds that all conditions for grating a trade licence have been met, it will conclude the proceeding by an entry into the trade register and will issue an excerpt thereof. If the notifying party fails to observe all the necessary conditions as stipulated by the Trades Licensing Act, the trade licensing office will commence a proceeding and will conclude that the trade licence has not been granted on the mere basis of notification. If the person that is being registered falls under a category specified by § 10, Para. 4 of the Trades Licensing Act, the trade licensing office will decide that the notifying party has not met all the necessary conditions to be granted a trade licence.

The last listed exceptional situation arises in case of notification of a foreign natural person who, in addition to all other necessary documents, needs to submit a permanent residency certificate as required by § 5, Para. 5 of the Trades Licensing Act and who can prove that she has met all the necessary conditions with the exception of the condition for residency. The trade licensing office will grant the foreign national a statement which contains with the data required by § 47, Para. 2 of the Trades Licensing Act with the exception of the detail pursuant to letter e) for the purpose of the procedure for residency permit.

The person in question obtains the right to run a trade on the day he/she submits a long-term visa certificate or permanent residency permit to the trade licensing office. Should the foreign natural national fail to observe all the general and specific conditions governing trade activities, the trade licensing office will reach the conclusion that the notifying party has not met all the necessary conditions to be granted a trade licence.

In accordance with § 47, Para. 10 of the Trades Licensing Act if the trade licensing office concludes that the entry has been made contrary to the law it will commence a proceeding to revoke the trade licence. The trade licensing office will terminate the proceeding either by making a new entry and issue a new excerpt or it will take the decision of revoking the trade licence.

Notifiable trades are divided up into three groups, these being craft trades, professional trades and unqualified trade. For the first two, i.e. craft trades and professional trades, the condition of professional competence must be met in addition to the general conditions; professional competence is not required for unqualified trade.

Craft trades

Craft trades are the trades listed in Annex No. 1 of the Trade Licensing Act. Examples include blacksmithing, carpentry, painting, watch-making and other activities. These are trades which not only require compliance with the general requirements stipulated by the law, but also a certain degree of professional competence. Under § 21 of the Trades Licensing Act, this professional competence is proven by presenting a document confirming:

  • the proper completion of secondary education with a vocational certificate in the relevant field of education,
  • the proper completion of secondary education with a leaving examination in the relevant field of education, or with special training in the relevant field,
  • the proper completion of higher vocational education in the relevant field of education,
  • the proper completion of university education in the relevant field of study programs and fields of study, or recognition of a professional qualification issued by a certification body in accordance with the law on the recognition of professional qualifications,
  • obtainment of all profession-specific qualifications as stipulated by the National Qualifications Framework.

A citizen of the Czech Republic or another Member State of the European Union may also prove professional competence by presenting documents confirming professional qualifications which prove that the citizen was engaged in the activity in question in another Member State of the European Union for the length of time specified in §21 Para. 2 of the Trades Licensing Act.

The documents proving professional competence pursuant to § 21 of Trades Licensing Act may be replaced by documents confirming:

  • the proper completion of secondary education with a vocational certificate in a related field of education and a document proving one year’s experience in the field,
  • the proper completion of secondary education with a leaving examination in a related field of education and a document proving one year’s experience in the field,
  • the proper completion of higher vocational education in a related field of education and a document proving one year’s experience in the field,
  • the proper completion of university education in an appropriate related field of study programs and fields of study,
  • the proper completion of requalification for the relevant type of work, issued by an accredited facility pursuant to special legislation, or by a facility accredited by the Ministry of Education, Youth and Sports, or by the ministry under whose authority the trade comes under, and a document proving one year’s experience in the field, or
  • a document proving six years’ experience in the field.

Professional trades

Professional trades are given in Annex 2 of the Trade Licensing Act, and include, for example, the production of machines and equipment, the repair and specialised installation of machines and equipment, chemical manufacturing, the production and processing of fuels, etc. All that is required here is that the trades be reported to any trades licensing office.

Besides the general conditions, professional trades require proof of professional competence. For professional trades this is proven by presenting the documents specified in Annex No. 2 to the Trades Licensing Act or pursuant to special legislation specified in this Annex.

A citizen of the Czech Republic or another Member State of the European Union may prove professional competence by presenting a document confirming the recognition of professional qualifications issued by a certification body in accordance with the law on the recognition of professional qualifications.

Unqualified trades

The most radical changes that have been made have been to unqualified trades, as part of the aforementioned amendment to the Trades Licensing Act. Since 1. 7. 2008 there has been a single unqualified trade encompassing 80 field of activity, which are treated in Annex No. 4 of the Trades Licensing Act.

Unqualified trade is a trade permitting activities for which the Trades Licensing Act does not require proof of professional or other competence. The general conditions governing trades must be met in order to obtain a trade licence for unqualified trade. An unqualified notifiable trade is the simplest form of trade, due to the lack of any need to prove professional or other competence.

Licence trades

Licence trades may be engaged in, as the name implies, after the granting of a special trade permit, or licence. The law does not specify any deadline by which the trades licensing office must decide on the granting of a licence; during the course of the licence proceedings the trades licensing office may particularly require statements from other state administrative bodies. If a person meets all the requirements and the licence is granted, the trades licensing office will enter the entrepreneur in the Trade Register and issue him with a statement within 5 days of the date on which the decision on the granting of the licence enters into force.

In compliance with § 52 of the Trades Licensing Act the state administrative body is obliged to issue a statement within 30 days since it receives an application (if this statement is needed) and the trades licensing office must reflect this statement in its decision.

Authorisation to engage in a licence trade commences on the day on which the decision on the granting of the licence enters into force. A list of activities constituting licence trades is contained in Annex No. 3 of the Trades Licensing Act. These trades include activities in whose regulation the state has a special interest, e.g. production, the modification and hire of guns and ammunition, explosives, pyrotechnics surveys, foreign exchange services, etc.

In order to engage in a licence trade, the applicant must comply with the general requirements and also prove professional competence for the trade in question. As with professional trades, with licence trades professional competence is proven in the manner specified in Annex No. 3 to the Trades Licensing Act.

A citizen of the Czech Republic or another Member State of the European Union may prove professional competence by presenting a document confirming the recognition of professional qualifications issued by a certification body in accordance with the law on the recognition of professional qualifications.

Compiled for BusinessInfo.cz by Mgr. Marek Doleček, partner of the law firm Doleček Kahounová Sedláčková.

Termination of a trade licence

A trade licence may be terminated in several different ways. These include termination and annulment on the one hand, as well as the termination of a trade licence once and for all, and on the other hand the interruption of a trade licence.

A trade licence may be terminated either on the basis of the facts stated in the Trades Licensing Act, in which case the trade is classed as terminated, or on the basis of a decision passed by the trades licensing office, in which case the trade licence is classed as annulled.

Ways in which a trade may be terminated: interruption and termination (termination and annulment).

Lapse of a trade licence

  • A trade licence lapses upon the occurrence of any of the following circumstances, exhaustively enumerated in the law: upon the death of the entrepreneur, if that trade is not continued by the heirs, the inheritance administrator or the liquidator (
  • upon the demise of the legal entity (with the exception of the transformation of a company or cooperative)
  • upon the expiry of the period  (in case the concession issued was time-limited) (however, the right to engage in trade continues to apply if, prior to the expiry of this period, it is duly reported and proven that the trade will continue)
  • upon the deletion of the foreign entity or its subject of business from the Commercial Register
  • if stipulated by special legislation
  • upon the issue of a ruling from the trades licensing office on the cancellation of a trade licence

In accordance with § 13 of the Trades Licensing Act it is permitted to continue the trade following the decease of the entrepreneur until the end of the inheritance proceedings if the requirements stipulated in Paras. 2 to 5 are met. The list of people who are allowed to do so includes:

  • a) administrator of the estate or executor of the will to whom pertain the duty of estate administration,
  • b) legal heirs in case there are no testamentary heirs,
  • c) testamentary heirs or bereaved spouse or partner who may not be a heir but is a co-owner of the property used for the trade,
  • d) insolvency administrator designated by the Court in accordance with a special regulation until the end of the insolvency proceeding at the latest or liquidation administrator,
  • e) bereaved spouse or partner meeting the conditions stipulated in latter c) in case the trade is not being continued by heirs, or
  • f) trust fund manager in case the business unit has been put in a trust in the occurrence of decease of the entrepreneur.

Cancellation of a trade licence

A trade licence may also be terminated upon the issue of a cancellation ruling by the trades licensing office. The trades licensing office always cancels a trade licence if:

  • the entrepreneur ceases to meet the condition of legal capacity or a clean criminal record; the trade may be continued by the entrepreneur’s legal representative in the name of the entrepreneur no longer possessing legal capacity with the consent of the court
  • impediments arise in relation to the trade
  • the entrepreneur himself requests that the licence be terminated
  • the entrepreneur fails to establish a legal basis for using the premises in accordance with § 31 Para. 2 of the Trade Licensing Act

The trades licensing office may cancel a trade licence if the entrepreneur commits a serious breach of the conditions stipulated in the trade licence or concession deed, or in the Trades Licensing Act or other law, or if the entrepreneur has not been engaged in the trade for longer than 4 years and has failed to declare the interruption in the trade.

Interruption of a trade licence

A trade licence may also be interrupted, if the entrepreneur so requires.

If the entrepreneur notifies the trade licensing office about interrupting his/her trade licence, the trade licence is interrupted as of the date on which the notification of the interruption of the trade is delivered to the trades licensing office or on a later date specified in the notification and ends on the date as specified in the notification. If the trade license is time-limited, the interruption can only last as long as the trade licence is valid. Over the course of the period of the interruption the entrepreneur needs to observe the responsibilities arising from this law, with the exception of the responsibilities stipulated in Para. 2, which are related to the labelling of the headquarter edifice or the organisational unit of the company. In addition to that he needs to observe the responsibilities stipulated in Para. 9 and 7 and in § 17, Paras. 4 and 8 and the responsibility to meet the requirements of professional and other qualification, should this law or other special regulations so require.

The interruption- of a trade licence is active by the date of delivery of the notification, if a later date is not being stated. The trade may only be continued after the notification of continuation has been delivered to the trades licensing office, or after a later date specified in the notification. It is important to note that the interruption of a trade is different from the cessation of a trade. While interruption is a course of action freely adopted by the entrepreneur, cessation is a measure imposed by the trades licensing office in response to failure to comply with or abide by the rules governing trade.

Submissions to the trades licensing office

Municipal trades licensing offices and trades licensing offices operate as central registration points, i.e. they receive not only submissions from entrepreneurs directly connected to their trade, but also trade-related submissions.

When notifying the trades licensing office of a trade or when filing an application for a licence at the trades licensing office, a natural person may also:

  • file a tax registration form or the appropriate notification pursuant to the Act on Administrative Fees with the relevant financial authority,
  • notify the relevant district social security administration of the commencement of self-employment,
  • file a pension insurance application form with the relevant district social security administration,
  • file a sickness insurance application form with the relevant district social security administration,
  • notify the relevant employment office of a job vacancy or that a vacancy has been filled,
  • file a notification with the health insurance company pursuant to the Act on Public Health Insurance.

When notifying the trades licensing office of a trade or when filing an application for a licence at the trades licensing office, a legal entity may also:

  • file a tax registration form or the appropriate notification with the relevant financial authority,
  • notify the relevant employment office of a job vacancy or that a vacancy has been filled.

Notification of a trade, applications for a licence or notification of changes to a trade may also be filed electronically. The above submissions to other offices may also be filed electronically via the trades licensing office (Employment Office, Czech Social Security Administration, etc.). The website at www.rzp.cz offers a freely downloadable program for completing the electronic form entitled Single Registration Form (SRF). The completed form may be signed with an electronic signature – in which case communication between the entrepreneur and the trades licensing office is entirely electronic.

For further information about the electronic signature please consult the article on the “Electronic trade”.

Compiled for BusinessInfo.cz by Mgr. Marek Doleček, partner of the law firm Doleček Kahounová Sedláčková.

Activities not classed as trade pursuant to § 3 of the Trades Licensing Act     

The following are not classed as trade:

  1. activities reserved by law for the state or a legal entity,
  2. use of the results of intellectual creative activity protected by special laws, their agents or authors,
  3. the collective administration of copyright and rights related to copyright pursuant to special legislation,
  4. the restoration of cultural monuments or parts thereof which are classed as works of fine art or artistic handicrafts,
  5. archaeological research.

The activities of the following natural persons are also not classed as trade within the scope of special laws:

  1. doctors, pharmacists, dentists, psychotherapists, naturopathic physicians, clinical speech therapists, clinical psychologists, and other medical staff, with the exception of opticians, prosthetics, prosthetic specialists, and  orthopaedic-prosthetic technicians.
  2. veterinarians, other veterinary workers, including veterinary rehabilitation workers and persons engaged in specialised breeding work in livestock farming,
  3. lawyers, notaries and patent attorneys and bailiffs,
  4. experts and interpreters,
  5. auditors and tax consultants,
  6. stock market brokers,
  7. mediators and arbitrators in the resolution of  collective disputes and arbitrators when deciding on property disputes,
  8. officially authorised surveyors,
  9. authorised architects and authorised engineers in construction who act as freelance architects and freelance engineers,
  10. authorised inspectors who engage in activities on a freelance basis.
  11. road safety auditors,
  12. registered mediators in compliance with the Mediation Act

The following are also not classed as trade:

  1. the activities of banks, t, the issue of electronic money, the operation of payment systems, exchange services, the activity of insurance companies, reinsurance companies, insurance brokers and independent loss adjusters and responsible actuaries, monetary funds, savings and loan cooperatives, exchanges, organisers of regulated markets, securities traders and their tied agents and the activity of persons dealing in collective investment and the activity of persons involved in the settlement of securities transactions, the activity of persons accepting or issuing instructions or investment consultancy relating to investment instruments under the conditions set forth by a special law and the activity of their tied agents 13b),
  2. the organisation of lotteries and other similar games,
  3. mining and activities involving mining techniques,
  4. the production of electricity, production of gas, transmission of electricity, transport of gas, distribution of electricity, distribution of gas, storage of gas, production of thermal energy and distribution of thermal energy requiring a licence pursuant to special legislation,
  5. agriculture, including the sale of unprocessed agricultural products for the purpose of processing or resale, with the exception of specialised phytosanitary care activities,
  6. the sale of unprocessed plant and animal products by natural persons from their own small-scale agricultural and livestock activities,
  7. maritime transport and sea fishing,
  8. the operation of track and rail transport,
  9. communication activities pursuant to special legislation,
  10. the research, production and distribution of pharmaceuticals,
  11. the handling of addictive substances, products containing addictive substances and certain substances used to manufacture or process addictive substances pursuant to special legislation,
  12. the activities of authorised or accredited persons involved in state testing,
  13. foreign trade in military equipment,
  14. labour inspection,
  15. radio and television broadcasting,
  16. the offering or provision of services directly aimed at satisfying sexual needs, the mediation of employment,
  17. the operation of technical inspection stations,
  18. education and learning in schools, pre-schools and school facilities classed as part of a network of schools, pre-schools and school facilities, education in bachelor's, master's and doctoral degree programmes and lifelong learning programmes pursuant to special legislation,
  19. the handling of highly hazardous substances,
  20. the operation of airports, commercial air transport and aerial work and the provision of air services,
  21. the activities of organisations established pursuant to special legislation performed in accordance with the purpose for which they were established,
  22. the socio-legal protection of children by legal and natural persons, if appointed for the socio-legal protection of children under special legislation
  23. the prospecting, exploration and exploitation of mineral resources from the seabed and ocean floor and its subsoil beyond the jurisdiction of the state
  24. the operation of cemeteries,
  25. the activities of authorised packaging companies pursuant to special legislation,
  26. the handling of highly hazardous and hazardous biological agents and toxins,
  27. the operation of zoos on the basis of a licence issued by the Ministry of the Environment,
  28. archiving,
  29. the provision of social services pursuant to special legislation,
  30. the activities of persons authorised to verify vocational competence required for the acquisition of partial qualifications under a special law,
  31. the lease of property, apartments and non-residential premises.
  32. provision of health-related Services
  33. provision of professional herbal-based health-related services in accordance with a special law

Compiled for BusinessInfo.cz by Mgr. Marek Doleček, partner of the law firm Doleček Kahounová Sedláčková.

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