AKMV Entrepreneurship in the field of authorized geodesy and cartography activities
QUESTION
I would like to ask for information on whether a person who holds an authorization issued by the Chamber of Geodesists and Cartographers as an authorized geodesist and cartographer can register this activity in the Commercial Register under their s.r.o.? At the Trade Licensing Office, I was told that the authorization from the Chamber does not entitle the person to conduct business, but only to be employed. And only after three years of practice can they start performing the tied trade of cartographic and geodetic services. Is this information correct? Do geodesists and cartographers conduct business based on this tied trade?
ANSWER:
“1. It is true that the activity of an authorized geodesist and cartographer (AGaK) cannot be registered as a business activity of a legal entity (in the Commercial Register) or as an activity of a self-employed person (in the Trade Register).
Authorization is considered a so-called liberal profession and must be registered under the company ID (IČO) assigned by the Chamber, in case the person does not have a trade license. If the person has a trade license and an assigned IČO, the Chamber will register this IČO for the natural person performing the liberal profession.
The new Act on the Chamber only clarified the options for exercising authorization in § 10, so that all our members are not required to register a liberal profession if they authorize only for themselves (as owner, managing director), or for their employer:
(3) An authorized geodesist and cartographer may perform the activities of an authorized geodesist and cartographer:
a) in their own name and on their own responsibility – only as a liberal profession,
b) in the name and on behalf of a natural or legal person as their employee, partner, or managing director.
So the law added for our members the option to authorize selected activities even in cases where they have a trade license or work for a legal entity under point 3(b), where they are employed or managing directors… (I repeat, they only certify their own work).
However, once the AGaK wants to authorize for third parties, it is not possible to do so under a trade license or a legal entity, but only through a liberal profession under the IČO assigned by the Chamber for liberal professions.
2. The information from the Trade Licensing Office is correct. Based on the authorization from the Chamber, it is not possible to engage in business activity under their law, because the trade license is for GaK activities, not for authorization. To establish a trade license, the relevant education and three years of experience are required (§ 5, Act No. 215/1995). An authorized AGaK may work for a tradesperson as an employee, or if the individual did not meet the education requirements when establishing their trade, they would need an AGaK as a responsible representative.
Geodesists do operate based on a tied trade license, but only for performing GaK tasks (so even those with secondary education), but not for certifying the results of selected GaK activities.”
(Source: Chamber of Geodesists and Cartographers)
JUDr. Veronika Michalíková, MBA