MEMBER TO MEMBER Q&A
7.01.2015Company: Amcham
Change of Laws concerning Businesses Offices in Private Residencies.
Question by Kimberli J. Lewis, Global Business Therapy:
There is reportedly a new law in Czech Concerning the change of using part of your residence as an office, it effects many of the smaller businesses, but just as Czech Laws are it is very hard to understand what needs to be done and how they control it. Can you help with information from a legal prospective?
Answer by Jan Lehký, Kinstellar, advokátní kancelář:
Thank you for your query. The query of Global Business Therapy s.r.o. is very general as it is quoted as “the change of using part of your residence as an office“). Unfortunately, such query does not specify the issue with which the company deals. In this respect, we can only provide a general information regarding (i) placing a company´s seat in its own premises, and (ii) registration of a seat in a relevant commercial register.
In general, under Czech law, a company is expressly permitted to locate its seat in the premises (which can be also a residence) owned by such company provided that this does not affect peace and order in the building (in which the premises are located). In order to register a company´s seat to a relevant commercial register, such company shall file an application with the relevant commercial register together with either a contract proving its right to use the premises in question or a written declaration of an owner of such premises. A signature on the written declaration must be officially verified. In the event that the company has a title to the premises and such title was registered in the Real Estate Register, the company does not have to file any document with its application since the company´s title to the premises directly arises from the Real Estate Register.
