AKMV Expanding a business and the obligation to provide consent for the place of business
QUESTION
As an individual, I want to expand my business activity to include a free trade – real estate rental. I have an active business, but I am only requesting an expansion to include one additional activity. Do I need to submit a consent with the place of business with a verified signature when I do not have permanent residence at that address? The thing is, I am not changing the place of business, it has been registered in the trade register for several years since the start of my business. I just want to announce a new – additional trade.
ANSWER:
It is the duty of every entrepreneur as an individual, in accordance with Section 45(2) of the Trade Licensing Act, to indicate the place of business when reporting a trade. The entrepreneur determines the place of business themselves, and it can be either the address of their permanent residence or a different address. If the address is not the same as the permanent residence, the entrepreneur must also prove the right to use the property when reporting to the district (trade) office in accordance with Section 46(1)(b) of the Trade Licensing Act. This can be done by providing proof of ownership or the right to use the property (such as a lease agreement or the owner’s consent), which does not prohibit using the property or part of it as a place of business.
Act No. 390/2019 Coll., which amends and supplements Act No. 513/1991 Coll. the Commercial Code, effective from 1st October 2020, established the requirement for the official certification of the property owner’s signature.
(Source: minv.sk)
JUDr. Veronika Michalíková, MBA