Do you want to become independent at work and adapt your work pace to your needs? Are you planning to work in an industry where employment is almost impossible? Are you looking for some extra income? In all these cases, a trade licence may be useful. And in our guide, you’ll find out how to set up a trade in five easy steps.
As a prospective sole trader, you will be primarily concerned with the Trade Licensing Act. This sets out the rules for trade business, but also defines what is not a trade (e.g. doctors, veterinarians or notaries are not trades, nor are securities dealers or real estate rental). These activities are usually regulated by special laws.
On the other hand, if you want to set up a restaurant and run it, set up a café or a cake shop, set up a driving school or a private school, you will need a trade licence.
Whether you are planning to set up a driving school, private school, café, restaurant or patisserie, this law is the first step to a successful start. Different types of trades, including these, have specific requirements, so familiarise yourself with what you’ll be looking for.
Generally, trades fall into two groups – licensed (for which you must first obtain a license – e.g. taxi service) and reportable. Notifiable trades include craft trades , tied trades and free trades. For the first two trades, i.e. craft and bound trades, in addition to the general conditions, there is also a condition of professional competence, while no professional competence is required for free trades.
Tip: Considering whether to choose a trade or business? Try both! What are the advantages of such a combination, and what can get in the way of doing business, we will tell you in our article.
The term Self-employed, i.e. a person who earns income from a business or other self-employment, is often mentioned in connection with obtaining a trade. Sometimes the term freelancer is now also used. However, this is not quite the same as a sole trader, although they often overlap. Self-employed is a broader term that includes just those business people who do not need a trade licence to carry out their profession.
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For some activities, such as setting up a driving school or a private nursery, you will need professional competence. The Trade Licensing Act requires you to meet educational or experience-based requirements. On the other hand, to set up a café or to set up a restaurant or to set up a patisserie, no professional competence is required. However, if you want to improve the quality of service, work with professionals.
As we mentioned above, the law distinguishes three types of reporting trades and sets out different conditions for each type of establishment that must be met. The easiest route is to operate a sole proprietorship. An example of this is animal husbandry. To engage in it, you don’t need to have special training or certification under the law. All you need to do this is to be self-empowered and of good character.
However, there are also craft trades and related trades for which you need to meet other conditions, in particular professional competence. This varies from trade to trade, and the law may require you to have, for example, an apprenticeship certificate in the trade, a secondary or higher education with a specific focus, or recognition of a professional qualification issued by an authorised body.
If you lack the necessary education or experience, don’t panic. You can also practise your trade as a legal entity and the professional competence will be ensured by a responsible person. For some activities, it is really crucial not to engage in them with people who do not have the appropriate training or experience. You probably wouldn’t be happy if your sciatica was being corrected in a massage parlour by, say, a trained butcher with years of knowledge of animal anatomy. Similarly, a tattoo parlour, hairdressing salon, private nursery or pet shop should only employ people who are qualified to do so.
Tip: If you are interested in the advantages and disadvantages of being a legal entity versus a sole proprietorship, read our article.
When planning a business, whether it’s setting up a driving school, establishing a private nursery, setting up a café, or setting up a restaurant or cake shop, you need to complete the documentation as required by the Trade Licensing Act.
Prepare a valid ID card and CZK 1,000 for your trip to the office. You can also fill in the form you will need at the office beforehand at home. Detailed information can be found on the website of the Ministry of Industry and Trade (single registration form | MPO).
You will operate your trade in your own premises. This may be your permanent residence, but if it is a different location, the trade office will also require proof of the legal reason for using such premises – so take with you a lease agreement or extract from the land registry.
To apply for a trade licence, you need to be fully competent (full legal capacity is acquired when you reach the age of 18, but even a minor can run a business in some cases – but you need the consent of your legal representatives and the permission of the guardianship court) and of good character (i.e. not to have been convicted in the past for a deliberate criminal offence committed intentionally in connection with the business or the business you are applying for or declaring), which can be proven by an extract from the Criminal Register (which the trade licensing office will obtain itself).
As already mentioned above, for certain activities it is also necessary to provide evidence of professional competence to carry out such a trade; you will then need to provide evidence of, for example, a certificate of education, experience, or authorisation to carry out the activity, and in some cases also the consent of another government authority.
Tip: If you have more irons in the fire and are also considering setting up an LLC, study everything you need to do so.
As we have already mentioned, the cost of setting up a trade or applying for a licence is currently CZK 1,000. You can pay it in person when you register your trade at the Trade Licensing Office or at Czech POINT or by postal order or bank transfer.
When filling in the form, think about what kind of business you will be involved in in the near future. Ideally, you should indicate all of them now. This will prevent you from paying fees in the future when you extend your business licence.
To apply for a trade licence, simply go to any municipal trade licensing office. A directory of trade offices can also be found on the website of the Ministry of Industry and Trade.
If you don’t want to queue at the office, you can start setting up a trade online. Simply fill in the Unified Registration Form and send it to the trade office’s electronic mailroom. However, you must sign the form with a recognised electronic signature or send it from your data box to the trade office’s data box.
Tip: Have you become a sole trader and are wondering what information about you will be publicly available in the trade register? Do you need to apply for registration and how can you change some incorrect or outdated information? We have looked at all of this in our article on what the Trade Register is and what it is for.
Be aware that after “setting up as a self-employed person” you have various obligations towards the state, in particular the obligation to pay health and social insurance, possibly also sickness insurance and, of course, to pay taxes and file tax returns. You must register with the relevant authorities(Czech Social Security Administration, health insurance company, tax office) after obtaining a trade licence. The time limit for this registration is relatively short (8-15 days), but the notification obligation can also be fulfilled by filing the forms issued by the Ministry of Industry and Trade together with the declaration of trade or the application for a concession.
When you set up a trade, you obtain an ID number, i.e. Personal Identification Number, under which you are registered. The Trade Licensing Act recognises trades that are only declared and then the right to operate the trade is already established on the day of declaration. If, however, you will be carrying out a trade for which you need a so-called concession, then you must wait until the decision to grant the concession becomes legally effective. You can then prove your trade licence by means of an extract from the trade register.
The key to setting up a trade is to familiarise yourself with the Trade Licensing Act, which sets out the rules for doing business. Trades are divided into notifiable trades (free, bound and craft trades) and licensed trades. In order to set them up, it is necessary to provide relevant documents, such as an ID card, and for professional activities, a qualification. The process also involves selecting an establishment, registering with the authorities and paying an administrative fee. If you are planning a business such as setting up a driving school, establishing a private kindergarten, setting up a café, setting up a restaurant or setting up a patisserie, be prepared for specific requirements, in particular professional competence or a concession. These steps are necessary to obtain a trade license and start a business.
Tip: Unfortunately, not every business is successful or promising. If yours isn’t bringing you the joy, money, or anything else you originally expected, you may be considering shutting it down. What does it take legally, temporally and financially to dissolve a business license?
Whether you need to draw up a new collaboration contract or review your current one, we’re here for you. We’ll make sure your business collaboration goes off without a hitch. We will handle everything for you, quickly and flawlessly. You can pay only after the service has been provided.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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