|Authorization for non-residents|
Authorization for non-residents
The same principles are applied for non-residents in the area of authorization issuance. The § 21 of the Commercial Code shall be applied (Act no. 513/1991 Coll. as amended) particularly:
(1) Non-residents may engage in business activities on the territory of the Slovak Republic under the same conditions and to the same extent as Slovak persons, unless the law stipulates otherwise.
(2) For the purposes of this Act the “non-resident” is understood to be an individual whose residential address is outside the territory of the Slovak Republic, or a legal entity whose seat is outside the territory of the Slovak Republic. A legal person whose seat is in the Slovak Republic is deemed to be a Slovak legal entity.
(3) For the purposes of this Act the term “business activities of a non-resident in the territory of the Slovak Republic” shall mean business plied by such non-resident if its enterprise or an organizational part thereof is located in the Slovak Republic.
(4) A non-resident shall be entitled to conduct business activities in the territory of the Slovak Republic starting from the day on which such party or the organizational part of its enterprise are incorporated into the Companies Register to the extent of the scope of business recorded in the Companies Register. The application requesting incorporation into the Companies Register shall be filed by the non-resident concerned.
(5) The authorization of a non-resident to conduct business activities in the territory of the Slovak Republic shall expire from the date of erase from Companies Register of enterprise or the organizational part of its enterprise. The application to erase from the Companies Register shall be filled by the non-resident concerned.
(6) The provision of section 4 shall not apply to persons with domicile in some of the Member States of the European Union or in a Member State of the Organization for European Cooperation and Development which conduct business activities in the territory of the Slovak Republic.
(7) A non-resident is supposed to state in the business documents concerning his/her enterprise or its organizational unit (in accordance with § 3a of the Commercial Code) even data concerning record of enterprise or its organizational part in Commercial Register. These data such person shall be indicated at her/his webpage if exists.
(8) The business documentation concerning an organizational part of an enterprise or an enterprise of a non-resident shall indicate a designation of the foreign Companies Register or another register and information on incorporation of the non-resident in this Register or other register, if the law governing the non-resident imposes the obligation of incorporation in the Companies Register or other register.
(9) Data under sections 6 and 7 shall be also indicated by a non-resident in written official communications relating to the organizational part of an enterprise or the enterprise.
Therefore the same principle is applied for the non-residents according to § 15 of the Act no. 124/2006 Coll. as amended the employer shall carry out expert check-ups and tests and repairs of classified technical equipment in compliance with legislation for assurance of safety and health protection at work and to fill pressure cylinders for gas transportation including filling the tanks of motor vehicle by gas for other natural or legal entity only in case when he or she is holder of authorization for business activities.
For application, proceeding, requests for applicants, authorization issuance and their validity the same conditions shall be applied as for domestic entities. The rules are given in previous parts.
We stress the requirement of the § 15 section 6 a) of the Act no. 124/2006 Coll. as amended, according to which the employer who is the holder of authorization shall be obliged to present to authorized legal person certificate of incorporation and/or copy of trade license no later than 30 days from issuance, which comprise the business activity according to issued authorization.