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 by Mgr. Marek Doleček, partner of the law firm Doleček Kahounová Sedláčková.