How to Get a Trade License in Slovakia

9
HOW TO GET A TRADE LICENSE IN SLOVAKIA

description

 

Transcript of How to Get a Trade License in Slovakia

Page 1: How to Get a Trade License in Slovakia

HOW TO GET A TRADE LICENSE IN

SLOVAKIA

Page 2: How to Get a Trade License in Slovakia

LEGAL DISCLAIMER

This publication has been developed in the framework of the Magyar-Szlovák Közös Inkubációs

Központ Pócsmegyer implemented through the Hungary-Slovakia Cross-border Co-operation

Programme 2007 – 2013 co-financed by the European Regional Development Fund (ERDF).

www.husk-cbc.eu

The sole responsibility for the content of this publication lies with the authors. It does not necessarily reflect

the opinion of the European Union. Neither the EASME nor the European Commission are responsible for any

use that may be made of the information contained therein.

January 2015

Page 3: How to Get a Trade License in Slovakia

CONTENT

Page 1

Content

Content ..................................................................................................................................................................................................... 1

How to get a Trade License in Slovakia ...................................................................................................................................... 2

Check the company name ........................................................................................................................................................... 2

Apply for a Trade License ............................................................................................................................................................ 2

Arrange a trade license ................................................................................................................................................................ 3

Types of trade licenses ................................................................................................................................................................. 5

Apply for income tax registration and health insurance company ........................................................................... 5

Register with pension, sickness, and disability insurance and unemployment insurance at the local

Social Insurance Company (Socia lna poisťovn a) .............................................................................................................. 6

Contact information ........................................................................................................................................................................... 7

Page 4: How to Get a Trade License in Slovakia

HOW TO GET A TRADE LICENSE IN SLOVAKIA

Page 2

How to get a Trade License in Slovakia

It is considered as “trade” an activity, pursued independently, on own behalf, on own responsibility, for

earning profits and under the conditions stipulated by the Trade Licensing Act.

If you wish to develop a commercial activity in Slovakia, you must apply for a Trade License. One sole

trader may pursue several business activities, but he needs to hold a Trade License for each of them. A

sole trader is personally liable, without limits, for all debts run up by his/her business with all of his/her

assets (including personal properties). Here are some necessary steps you have to follow in order to get

a Trade License in Slovakia.

CHECK THE COMPANY NAME

Check the uniqueness of the proposed company name (this step is not always necessary: you can also

register under your name and surname).

The cost of this certificate is EUR 3. If you want to get a certificate in the electronic form, the cost is EUR

0.33. It is also possible to provide an online check without charge, but the information on the online

website of the Commercial Register (www.orsr.sk) is not legally binding and usable for legal acts.

APPLY FOR A TRADE LICENSE

A foreigner who wants to get a Trade License has to go to the Trade Licensing office (ž ivnostensky u rad)

where he/she wants to register, and files a request form for a Trade License “ž ivnostensky list”. The

applicant interested in a Trade License must be over 18, have a valid passport and a clean criminal record

in his/her native country and in Slovakia.

The local Trade Licensing office releases a document, which confirms the request reception. After this, it

is necessary to bring the document to the district department of the border and aliens police where the

foreigner files a request for a long-term permit to run a business in Slovakia. To get the permit from the

police, an applicant must have:

Page 5: How to Get a Trade License in Slovakia

HOW TO GET A TRADE LICENSE IN SLOVAKIA

Page 3

o a clean criminal record in the native country and in Slovakia.

o a notarised copy of the rental contract of the house/apartment where he/she lives.

Once the permit is delivered, the applicant must go back to the Trade Licensing office and supply the police

permit. The Trade Licensing office issues the license, and the applicant can begin to carry out the business.

A special registration form is required to apply for a registration. The form is available on the website of

the Slovak Commercial Register (www.orsr.sk). It is also possible to submit the form electronically but, in

this case, a secure electronic signature is required.

ARRANGE A TRADE LICENSE

The applicant has to obtain the trade license before the application for registration of the company can be

filed with the commercial register. Trade license must be obtained with respect to each of the desired

business activities to be performed by the company. Often at the time of foundation, a company is

established with a standard general scope of business for which a simple general business license is

required. The scope of business can then be later amended and additional business licenses can be

obtained when they are required.

A trade license may be acquired by notifying the Trade Licensing Office, competent according to your

permanent residence in Slovakia. If you do not have permanent residence, the Trade Licensing Office in

the region according to the place of your business.

The list of documents required for obtaining of trade license:

o Filled-in form (in Slovak language) for legal person: http://www.minv.sk/?legal-persons

o Certified copy of Foundation Deed/ Association Agreement

o Criminal record extract of the Executive(s) (no older than 3 months). If you are a Slovak natural

person it is sufficient to state the information necessary for request of the criminal record extract

of the Slovak Republic.

o Residency permits of Executive(s) - not necessary if they are EU or OECD citižens

Page 6: How to Get a Trade License in Slovakia

HOW TO GET A TRADE LICENSE IN SLOVAKIA

Page 4

o Submit the appointment, consent and declaration of the Authorised Representative (in the case

an Authorised Representative is appointed). If you do not yet have a residence (temporary or

permanent) permit in Slovakia at the time of applying for the trade license, or in case you do not

meet the specific conditions for conducting a trade, you must appoint an Authorised

Representative.

o Submit an entitlement to use the property that is considered a registered address of the

business. This is proved either by an ownership deed (in case you are the owner of the property)

or a lease agreement (in case you will do business in rented premises; the lease agreement must

include an explicit statement that the property may be used for the purpose of business). Such

entitlement may be substituted by a written consent of the property owner allowing a third

person to conduct business within such property, supplemented by the ownership deed.

o Fee stamp

For certain types of business stipulated by law company needs to appoint a responsible representative

for every location from where they operate. The responsible representative must have his permanent or

temporary residence in Slovakia and must be the company’s employee.

More information available on http://www.minv.sk/?trade-licencing.

When applying for the issuance of a license, a natural person or a legal person may at the same time use

the service of the Trade Licensing Departments, which fulfil the function of a Point of Single Contact

(PSC) by providing for the registration of a taxpayer at the tax administrator’s office and by notifying the

formation of an establishment. If the company exercises this option, the applicant must submit all of the

documents required for registration at the PSC, including the application with verified signatures of the

founders or their representative in paper form. The PSC submits the application for the company's

registration to the relevant District Court by electronic means; however it is no longer involved in the

company registration process, i.e., if the application for the company's registration is rejected by the

District Court, the objections against the registration must be filed directly with the District Court.

More information about PSC on http://www.minv.sk/?point-of-single-contact-slovakia.

In addition to the personal submission, notification of trade in electronic form may be implemented

through the central portal www.slovensko.sk. To access the environment of this website is strictly

necessary to have an electronic ID card. Apart from the electronic ID, which will have to be additionally

recorded a qualified certificate and cryptographic keys, you will for its association with the portal and the

creation of advanced electronic signature also need some hardware and software.

Page 7: How to Get a Trade License in Slovakia

HOW TO GET A TRADE LICENSE IN SLOVAKIA

Page 5

Agency: District Authority - Trade Licensing Department

Time to complete: 3 days

NOTE:

The above step is necessary only when you apply for a voľná živnosť (standard / free license)

TYPES OF TRADE LICENSES

There are 3 types of Trade licenses between which you can choose. The first one, voľná živnosť (standard

/ free license), allows you to develop any trade if no specific trainings or qualifications are required by

law.

You need additional qualification documents to develop a more specific trade in Slovakia, such as

remeselná živnosť (craft trade license), viazaná živnosť (professional certification). If you need to

apply for these licences, as a foreigner, you have to face additional procedures.

In this case, the applicant must submit additional documents such as a university or school diploma,

and he/she has to prove the experience gained in the chosen business area.

The experience required depends on field of interest. For example, a teacher who wants to obtain a Trade

License for teaching languages in Slovakia has to show a university diploma attesting his/her knowledge

of the language he/she wants to teach and at least 10 years of experience in teaching that language. It is

necessary to check and translate all these documents into Slovak. Following this check, the documents

must return to the Trade Licensing office, and then you have to pay an administrative fee for your Trade

License (EUR 5 for a free license and EUR 15 for a certicated and craft trade license) and, in the end, the

Trade Licensing office releases the licence.

APPLY FOR INCOME TAX REGISTRATION AND HEALTH INSURANCE COMPANY

If you need to apply for a health insurance, it is requested the Trade License, your passport or identity

card. A person, who is already registered in the system of health insurance, submits with the application

for Trade License also the name of the chosen insurance company.

Page 8: How to Get a Trade License in Slovakia

HOW TO GET A TRADE LICENSE IN SLOVAKIA

Page 6

REGISTER WITH PENSION, SICKNESS, AND DISABILITY INSURANCE AND UNEMPLOYMENT

INSURANCE AT THE LOCAL SOCIAL INSURANCE COMPANY (SOCIÁLNA POISŤOVŇA)

For social security, the company must register itself as an employer within eight days following the day it

started to employ the first employee; it must register all new employees with the Social Insurance

Company before they begin to work. The Social Insurance Company will not accept an application for the

registration of an employee if the company itself is not yet registered.

http://mic.iom.sk/work/doing-business/86-zivnostenske-podnikanie-na-slovensku-podmienky.html#

Page 9: How to Get a Trade License in Slovakia

CONTACT INFORMATION

Page 7

Contact information

The content of this publication was created by the Italian-Slovak Chamber of Commerce. For more

information contact:

Italian – Slovak Chamber of Commerce

Michalska 7, 81101 Bratislava, Slovak Republic

www.camit.sk

Tel: +421 (2) 541 31 290

[email protected]