Q&A about setting up foreign-owned Limited Liability Company in Czech

Q&A about setting up foreign-owned Limited Liability Company in Czech


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Czech Foreign-funded Limited Liability Company


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Czech – Organizational Structure of Foreign-funded Companies

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What kinds of types of a Foreign-funded Companies have in Czech?

In the Czech Republic, there are various types of foreign-funded companies that can be established.
Some of the most common types are:

  1. Limited liability company (s.r.o.): This is the most common type of company in the Czech Republic, which is similar to a private limited company. It has a legal personality separate from its shareholders, and the liability of the shareholders is limited to their contribution to the company’s capital.
  2. Joint-stock company (a.s.): This type of company is similar to a public limited company and can be established with or without a minimum share capital requirement. The liability of the shareholders is limited to their contribution to the company’s capital.
  3. Branch office: A foreign company can establish a branch office in the Czech Republic, which is not a separate legal entity but an extension of the foreign company’s business.
  4. Limited partnership (k.s.): A limited partnership is a type of partnership where there are one or more general partners who manage the business and have unlimited liability, and one or more limited partners who contribute capital but have limited liability.
  5. General partnership (v.o.s.): A general partnership is a type of partnership where all partners have unlimited liability for the company’s debts and obligations.
    These are just some of the most common types of foreign-funded companies in the Czech Republic, and there may be other options available depending on the specific circumstances and requirements of the business.

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What are procedures of setting up a Foreign-funded Limited Liability Company have in Czech?

Establishing a foreign-funded limited company (LLC) in Czech Republic involves several procedures. Here is an overview of the steps involved:

  1. Obtain a Trade license: Before establishing a company in the Czech Republic, a foreign national must obtain a trade license from Trade License Bureau. This license allows the foreigner to engage in business activities in the country.
  2. Reserve a Business Name: The next step is to reserve a company name with the Commercial Register.The company name may be abbreviated as “spol. S r.o.” or as “s.r.o.”. This can be done online, and the name must not already be in use by another company.
  3. Draft and notarize the constitutional documents. A single member may set up a LLC by means of a “foundation deed”, two or more members form a LLC by means of a “memorandum of association”. The constitutional documents outline the business name, registered address, principal activities, amount of the company’s registered capital and the identities of shareholders. This document must be drafted in Czech and notarized by a Czech notary.
  4. Deposit the Company’s Capital: The minimum capital required for a Czech LLC is CZK 1. The capital must be deposited into a bank account, and proof of the deposit must be provided to the notary.
  5. Register the Company with the Commercial Register: The final step is to register the company with the Commercial Register. This involves submitting the associated documents (most importantly the notarial deed, the managing director’s affirmations, the consent of the property owner with the company’s registration at his property, a statement by the capital contribution administrator, a confirmation from a bank about the payment of registered capital and a copy of a record from the trade license register), and then file the application.

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What are the requirements for holding a position of director, manager/ supervisor, company secretary, etc. in Czech’s foreign-funded companies?

Director:
The director must be a natural person who is at least 18 years old and has full legal capacity.
The director can be either Czech or foreign individual that has registered address in the Czech Republic.
The director must not have been convicted of certain crimes or declared bankrupt.

Manager/ supervisor:
The company may appoint a manager/ supervisor at its own discretion.
Under the memorandum of association, the members may also set up a supervisory board to inspect and monitor the activities performed by the directors and check the company’s accounting records.
Establishing a supervisory board is optional.

Company Secretary:
There is no requirement for a company secretary.

In addition to these requirements, it is important to note that the director, supervisor, and company secretary must not have a conflict of interest with LLC, and they must perform theor duties in good faith and in the best interests of the company.

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How long the share of a Czech Foreign-funded Limited Liability Company must be hold before it can be sold?

There is no minimum period for which the shares of a Czech foreign-funded limited liability company (LLC) must be held before they can be sold. The shareholders of a Czech LLC can freely transfer their shares to other parties at any time, subject to any restrictions that may be specified in the company’s articles of association or shareholders’ agreement.
However, it is worth noting that the transfer of shares in a Czech LLC may be subject to certain legal formalities and requirements, such as notifying the company and updating the company’s register of shareholders.
Additionally, any sale of shares in a Czech LLC may also be subject to taxation, both in the Czech Republic and potentially in the shareholder’s home country.
It is advisable to consult with a legal or tax professional to understand the requirements and implications of selling shares in a Czech LLC.

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Is a Resident Shareholders required for incorporation of Foreign-funded Limited Liability Company in Czech?

No, a resident shareholder is not required for the incorporation of a foreign-funded limited liability company (LLC) in the Czech Republic.
The Commercial Code of the Czech Republic does not require that shareholders of a Czech LLC be residents of the country.
Foreign individuals and entities are allowed to own and operate businesses in the Czech Republic, including foreign-funded LLCs.
However, there are certain requirements that must be met, such as obtaining a trade license and registering the company with the Commercial Register.

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Is a Resident Director required for incorporation of Foreign-funded Limited Liability Company in Czech?

No, a resident director is not required for the incorporation of a foreign-funded limited liability company (LLC) in the Czech Republic.
The Commercial Code of the Czech Republic does not require that the director of a Czech LLC be a resident of the country.
Foreign individuals and entities are allowed to own and operate businesses in the Czech Republic, including foreign-funded LLCs.
However, it is important to note that the director of the LLC must have a registered address in the Czech Republic, which can be a physical address or a post office box.

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Is there a company secretary required for incorporation of Foreign-funded Limited Liability Company in Czech?

There is no legal requirement to appoint a company secretary in a foreign-funded limited liability company (LLC) in the Czech Republic. The Commercial Code does not require the appointment of a company secretary for LLCs, and the responsibilities of a company secretary are typically handled by the directors or other designated officers of the company.
However, it is important for LLCs to ensure that they have adequate corporate governance practices in place and that they comply with all relevant legal and regulatory requirements. This may include appointing a designated officer to handle administrative and compliance-related tasks, such as maintaining company records, filing required reports and documents, and ensuring compliance with local laws and regulations.
While a company secretary is not required by law in the Czech Republic, some companies may choose to appoint one as a matter of good corporate governance or to meet the requirements of their home country or industry.

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What are the qualifications of a legal representative in Czech in Czech Foreign-funded Limited Liability?
Can a foreigner act as a legal representative?
If yes, he/she need a place of residence in Czech?

In the Czech Republic, a foreign-funded limited liability company (LLC) can appoint a legal representative, who will act as the company’s agent and represent the company in legal matters. Here are the qualifications and requirements for a legal representative in a Czech foreign-funded LLC:
Qualifications:
The legal representative must be a natural person who is at least 18 years old and has full legal capacity.
The legal representative does not have to be a Czech resident, but they must have a registered address in the Czech Republic.
Requirements:
The legal representative must be appointed by the company’s director or another authorized person.
The appointment must be registered with the Commercial Register.
The legal representative must have a power of attorney or other legal authorization to act on behalf of the company.
It is important to note that if the legal representative is a foreigner and does not have a registered address in the Czech Republic, they must appoint a process agent. The process agent must be a natural person or a legal entity with a registered office in the Czech Republic and must be authorized to accept legal documents on behalf of the legal representative.

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Is it feasible to establish a Czech foreign-owned company through an offshore company as holding company?

It is feasible to establish a Czech foreign-owned company through an offshore company as a holding company, but it is important to consider the legal and tax implications of doing so.
Using an offshore holding company can provide certain advantages, such as lower taxes and increased privacy. However, it is important to ensure that the company’s structure is compliant with local laws and regulations, and that it is not being used for illegal purposes such as tax evasion.
In the Czech Republic, foreign-owned companies are subject to local tax laws and regulations, including corporate income tax, value-added tax (VAT), and social security contributions.
The use of an offshore holding company may impact the tax liabilities of the foreign-owned company and its subsidiaries, and it is important to consult with a legal or tax advisor to determine the best structure for your specific situation.
Additionally, the Czech Republic has a robust legal framework for preventing money laundering and terrorism financing, and it is important to ensure that the use of an offshore holding company does not violate these regulations.
Overall, establishing a Czech foreign-owned company through an offshore company as a holding company is feasible, but it is important to carefully consider the legal and tax implications of doing so and to ensure compliance with local laws and regulations.

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What are the special features of Czech wholly foreign-owned limited liability company (LLC)?

In the Czech Republic, a wholly foreign-owned limited liability company (LLC) is known as a “s.r.o.” (společnost s ručením omezeným). The special features of a Czech wholly foreign-owned LLC include:

  1. Foreign Ownership: A Czech wholly foreign-owned LLC can be 100% owned by foreign individuals or companies, without any requirement for local ownership or participation.
  2. Limited Liability: Like other types of LLCs, a Czech wholly foreign-owned LLC provides limited liability protection to its owners, meaning that their personal assets are not at risk if the company incurs debts or legal liabilities.
  3. Minimum Capital Requirement: The minimum share capital required to establish a Czech LLC is CZK 1 (approx. USD 0.05), which is significantly lower than the minimum capital requirements in other European countries.
  4. One-Person Company: A Czech LLC can be established by a single individual, which means that it is possible for a foreign investor to set up a wholly owned subsidiary in the Czech Republic without needing to find a local partner.
  5. Simple Registration Process: The registration process for a Czech LLC is relatively straightforward and can be completed within a few weeks. The process involves the submission of the company’s articles of association, identification documents for the founders, and payment of a registration fee.
  6. Corporate Tax Rates: The Czech Republic has one of the lowest corporate tax rates in the European Union. This makes the country an attractive destination for foreign investors looking to establish a business presence in Europe.
    Overall, the special features of a Czech wholly foreign-owned LLC make it an attractive option for foreign investors looking to establish a business presence in the Czech Republic, with relatively low barriers to entry and favorable tax rates.

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Czech Foreign investment: permitted industries, restricted industries (licensed industries) and prohibited industries.

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Are Czech foreign-investment industries and products be listed in a positive or negative list?

Or are there different approaches for foreign investment from different countries?

In the Czech Republic, there are no industries that are specifically prohibited for foreign investment (negative list).
However, there are some industries that are subject to specific regulations and requirements and may require licenses or permits from the relevant authorities.
Overall, the Czech Republic has a transparent and predictable regulatory environment that encourages foreign investment, with relatively few restrictions on foreign ownership and a wide range of opportunities across a variety of sectors.

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In the positive list, what are the industries that foreign investment is allowed to invest in, which are the industries that are restricted for foreign investment (licensed industries), and the industries that are prohibited to invest in by foreign investment?
Will the positive list be different for different countries?

Here are some examples of permitted, restricted (licensed), and regulated industries in the Czech Republic:
Permitted Industries:
Information Technology and software development
Manufacturing and engineering
Automotive production
Agriculture and food processing
Retail and wholesale trade
Real estate development and construction
Professional and business services
Tourism and hospitality
Health care and pharmaceuticals
Education and research
Restricted Industries (licensed industries):
Banking and financial services
Insurance and reinsurance
Telecommunications and broadcasting
Energy and utilities
Transport and logistics
Mining and extraction
Gambling and lotteries
Production of weapons and military equipment
Regulated Industries:
Environment and waste management
Food safety and consumer protection
Labor and employment regulations
Health and safety regulations
Intellectual property protection
It is important to note that the regulations and restrictions on foreign investment may differ depending on the country of origin of the investor, as well as the specific sector or industry in question.

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In the negative list, what are the industries that foreign investment is allowed to invest in, the industries that are restricted to foreign investment (licensed industries), and the industries that are not allowed to invest in foreign investment?
Will the negative list be different for different countries?

As mentioned earlier, there is no negative list of industries for foreign investment in the Czech Republic. The country generally welcomes foreign investment in all sectors of the economy, subject to certain regulations and restrictions, as outlined in my previous response.
However, it is worth noting that some countries may have negative lists of industries for foreign investment, which prohibit or restrict foreign investment in certain sectors or industries. These lists may vary depending on the country and may be updated periodically.
It is important to research and understand the regulations and restrictions on foreign investment in the specific country of interest, and to consult with a legal or financial advisor to ensure compliance with local laws and regulations.

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What are the ways of Czech restricting foreign investment? Setting the minimum capital amount?
Rules for the maximum foreign shareholding ratio? Other?
Are they different in different countries?

In the Czech Republic, there are several ways in which foreign investment may be subject to restrictions or regulations, including:
Licensing requirements:
Some industries in the Czech Republic require a license or permit to operate, which may be subject to certain restrictions or qualifications. For example, foreign banks and financial institutions must be licensed by the Czech National Bank.
Ownership restrictions:
Certain industries in the Czech Republic are subject to ownership restrictions, which may limit the percentage of foreign ownership or require that certain shares be held by Czech residents or companies.
National security concerns:
The Czech Republic may restrict foreign investment in certain industries or companies that are deemed to have national security implications, such as defense or critical infrastructure.
Other regulations:
Foreign investment in the Czech Republic is subject to a range of other regulations and requirements, including tax laws, labor laws, and environmental regulations.

The specific restrictions and regulations on foreign investment may vary depending on the country and the industry in question. It is important to research and understand the regulations and requirements in the specific country of interest, and to consult with a legal or financial advisor to ensure compliance with local laws and regulations.

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What are the licensed industries in Czech?
What is the difference between the industries that allow foreign investment, the industries that restrict foreign investment (licensed industries), and the industries that do not allow foreign investment?

In the Czech Republic, there are several industries that are subject to licensing requirements, which may impose certain restrictions on foreign investment. These industries include:
Banking and financial services: Foreign banks and financial institutions must be licensed by the Czech National Bank to operate in the country.
Insurance: Foreign insurance companies must obtain a license from the Czech National Bank to provide insurance services in the country.

Telecommunications: Foreign companies that wish to operate in the Czech Republic’s telecommunications industry must obtain a license from the Czech Telecommunication Office.
Energy and utilities: The Czech Republic have specific regulations governing the ownership and operation of energy and utility companies, including restrictions on foreign ownership.
Healthcare: The Czech Republic has specific regulations governing the provision of healthcare services, which may include licensing requirements for foreign companies.
It is important to note that the licensing requirements for these industries may vary depending on the country of origin of the investor, as well as the specific sector or industry in question.
In general, the Czech Republic welcomes foreign investment in all sectors of the economy, subject to certain regulations and restrictions, such as licensing requirements or ownership restrictions. The difference between industries that allow foreign investment, those that restrict foreign investment, and those that do not allow foreign investment, depends on the specific regulations and restrictions that apply to each industry.
Industries that allow foreign investment generally to have no specific restrictions on foreign ownership or investment and are open to both domestic and foreign investors.
Industries that restrict foreign investment may impose limits on the percentage of foreign ownership or may require a certain level of local ownership or participation.
Industries that do not allow foreign investment are typically those that are deemed to have national security implications or are subject to other specific regulations that prohibit foreign ownership or investment.

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Czech-Foreign-funded Limited Liability Company document certification.

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What are the relevant investment documents required to establish a Foreign-funded Limited Liability Company in Czech?
Are there different documents for different countries?

To establish a foreign-funded limited liability company (LLC) in the Czech Republic, the following investment documents are generally required:

  1. Articles of Association: This is a legal document that outlines the company’s purpose, structure, and operations, including details on the company’s directors, shareholders, and share capital.
  2. Proof of identity and address: All directors, shareholders, and legal representatives of the company must provide proof of their identity and address, such as a passport or other government-issued identification.
  3. Power of attorney: If a legal representative is appointed, they must provide a power of attorney or other legal authorization to act on behalf of the company.
  4. Bank statement: Proof of the company’s initial capital deposit must be provided in the form of a bank statement.
  5. Trade license: Foreign companies must obtain a trade license to operate in the Czech Republic.
    6.Commercial Register application: The application for registration in the Commercial Register must be submitted to the relevant authorities.
    The specific documents required may vary depending on the country of origin of the investor, as well as the specific sector or industry in question.
    Additionally, other documents may be required for certain industries or business activities.
    It is important to consult with a legal or financial advisor to ensure that all necessary investment documents are prepared and submitted in compliance with local laws and regulations.

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What are the procedures for the certification of documents related to the investment of Foreign-funded Limited Liability Company in Czech?
Are there different document authentication procedures for different countries?

If you are establishing a foreign-funded limited liability company (LLC) in the Czech Republic, you may need to have certain documents related to your investment certified or authenticated.
Here are the general procedures for document certification in the Czech Republic:

Notarization: In some cases, documents may need to be notarized by a public notary in Czech Republic. This is typically required for documents such as powers of attorney, Articles of Association (AOA) of the company or other legal agreements.

Apostille: If the document is issued by a foreign authority, it may need to be apostilled. An apostille is a certification that verifies the authenticity of the document and is recognized by countries that are party to the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents.

Translation: If the document is in a language other than Czech, it may need to be translated into Czech by a certified translator.

The specific procedures for document certification may vary depending on the country of origin of the investor, as well as the specific document in question. It is important to consult with a legal or financial advisor to ensure that all necessary documents are properly certified and authenticated in compliance with local laws and regulations.
Additionally, some countries may have different document authentication procedures, such as requiring embassy legalization or other forms of certification. It is important to research and understand the specific requirements in the country of origin and to follow the necessary procedures to ensure compliance with local laws and regulations.

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What is the sequence of setting up a Foreign-funded Limited Liability Company in Czech with capital in place and opening a bank account?

The sequence of setting up a foreign-funded limited liability company (LLC) in the Czech Republic with capital in place and opening a bank account can vary depending on the specific circumstances and requirements of the investor.

According to Czech Republic’s Company Law, the founders of a LLC must deposit the full amount of the initial capital into a special bank account within the time frame specified in the Memorandum of Association.

Failure to deposit the full amount of the initial capital within the time limit set by the Memorandum of Association can result in rejection of the company’s registration application by the Commercial Register.

The law in Czech Republic requires that the founders of an LLC deposit the initial capital into a special bank account and provide proof of the deposit to the Commercial Register when registering the company.

Once the LLC is registered, the company can open a bank account in the Czech Republic. The bank will require certain documents, such as the Articles of Association, proof of identity and address for the directors and legal representatives, and proof of the company’s initial capital deposit.

It is important to note that the specific procedures and requirements may vary depending on the individual circumstances of each company, so it is recommended to consult with a local legal or financial expert to ensure that all necessary steps are taken, and all requirements are met.

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What are the usual KYC regulations when opening a bank account with
a Foreign-funded Limited Liability Company in Czech?

When opening a bank account in the Czech Republic for a foreign-funded limited liability company (LLC), the bank will typically require the following Know Your Customer (KYC) documentation and information:

Company documents: The bank will require the company’s registration documents, such as the Articles of Association, as well as the company’s trade license and proof of registration with the Commercial Register.

Identification documents: The bank will require identification documents for all directors, shareholders, and legal representatives of the company, such as passports or other government-issued identification.

Proof of address: The bank will require proof of address for all directors, shareholders, and legal representatives of the company, such as utility bills or other official documents.

Beneficial ownership information: The bank will require information on the beneficial owners of the company, which may include details on any individuals or entities that own more than a certain percentage of the company’s shares.

Source of funds: The bank may require information on the source of the company’s funds, including the initial capital deposit and any ongoing transactions.

Business activities: The bank may require information on the company’s business activities, such as its products or services, target markets, and expected transaction volumes.

The specific KYC requirements may vary depending on the bank and the specific circumstances of the investor. It is important to consult with the bank and to provide all necessary documentation and information to ensure compliance with local laws and regulations.

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Will the bank require a Czech local director when opening a bank account for a Czech wholly foreign-owned limited liability company (LLC)?

It is possible that some banks in the Czech Republic may require a local director to open a corporate bank account, but this will depend on the bank’s policies and procedures, as well as the specific circumstances of the company.
In general, banks in the Czech Republic will require certain documentation to open a corporate bank account, such as the company’s registration documents, proof of identity for the company’s directors and shareholders, and information about the company’s business activities.
Some banks may also require a local director to be appointed to the company’s board of directors as a condition for opening a bank account. This local director would be responsible for ensuring that the company complies with all local laws and regulations.
However, it is also possible to open a corporate bank account without a local director, particularly if the company has other means of demonstrating its ability to comply with local laws and regulations. It is recommended to contact the bank directly to inquire about their specific requirements for opening a corporate bank account in the Czech Republic.

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Will the bank require when opening a bank account with a Foreign-funded Limited Liability Company in Czech?
Does the foreign legal representative have to be physically present for the bank interview?

When opening a bank account for a foreign-funded limited liability company (LLC) in the Czech Republic, the bank may require the foreign legal representative to attend a bank interview. This can vary depending on the bank’s policies and the specific circumstances of the investor.
In some cases, the bank may require the foreign legal representative to be physically present in the Czech Republic and attend an in-person interview at the bank. Alternatively, the bank may allow the interview to be conducted remotely, such as through a video conference or phone call.
During the bank interview, the bank may ask the legal representative questions related to the company’s business activities, source of funds, and other KYC requirements.
The specific questions asked may vary depending on the bank and the specific circumstances of the investor.
It is important to check with the bank and to clarify their requirements for opening a bank account for a foreign-funded LLC in the Czech Republic.
If the bank requires a personal interview, the foreign legal representative will need to travel to the Czech Republic to attend the interview or engage a local agent or representative to assist with the process.

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Can a Foreign-funded Limited Liability Company in Czech send expatriates to Czech as the Investor’s role?


What are the application requirements, documents and procedures for the work permit, visa, and residence permit?
Are there differences in different countries?

Yes, a foreign-funded limited liability company (LLC) in the Czech Republic can send expatriates to work in the country as an investor’s role.
However, the specific requirements for work permits, visas, and residence permits may vary depending on the country of origin of the expatriate and the specific circumstances of the employment.
In general, the following documents and procedures may be required to obtain a work permit, visa, and residence permit for expatriates working for a foreign-funded LLC in the Czech Republic:

  1. Work permit: The employer must apply for a work permit on behalf of the expatriate. The specific requirements for the work permit may vary depending on the nature of the employment, such as whether the expatriate will be working for a limited period or on a long-term basis. There are two types of work permit, namely Blue Card and Employee Card.
  2. Visa: Once the work permit has been approved, the expatriate may apply for a long-term visa at the Czech embassy or consulate in their home country. The specific visa requirements may vary depending on the country of origin of the expatriate.
  3. Residence permit: Once the expatriate has entered the Czech Republic with a valid visa, they must apply for a residence permit. The specific requirements for the residence permit may vary depending on the nature of the employment and the length of stay in the Czech Republic.

Some additional documents that may be required include:
Proof of employment or business ownership with the LLC
Valid passport
Proof of accommodation in the Czech Republic
Health insurance
Criminal background check
Proof of financial means to support oneself during the stay in the Czech Republic
The specific requirements for work permits, visas, and residence permits may vary depending on the country of origin of the expatriate.

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What are the evaluation factors or requirements for a Foreign-funded Limited Liability Company in Czech when applying work permit, visa, and residence permit?
What is the relationship with the salary, capital, and turnover of Foreign-funded Limited Liability Company?
Are there differences for different countries?

When applying for a work permit, visa, and residence permit for a foreign national employed by a foreign-funded limited liability company in the Czech Republic, several evaluation factors and requirements are considered.
Some of the most important factors include:

  1. The job position and the qualifications of the employee.
    Should be in line with the Czech labor market standards and the employee’s qualifications and experience.
  2. The company’s business activities and their relation to the Czech labor market.
  3. Salary level offered to the employee.
    Salary level offered to the employee should be at least equal to the average gross monthly wage in the Czech Republic.
  4. Registered capital of the company and its relation to the salary level offered to the employee. The company’s registered capital should be sufficient to cover its operating expenses, including employee salaries, and should be in line with the company’s business activities and market position.
  5. The company’s turnover and financial stability.

There may be differences in the evaluation factors and requirements for different countries, depending on factors such as bilateral agreements between the Czech Republic and the employee’s country of origin, the level of economic development of the country, and the labor market conditions.

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Czech- Registered Address and Operating Address of Foreign-funded Limited Liability Company in Czech.

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What are the regulations on the registered address during the company registration and future operating address of a Foreign-funded Limited Liability Company in Czech?

During the company registration of a foreign-funded limited liability company (LLC) in the Czech Republic, the company must provide a registered office address in the Czech Republic.
This address will be used as the company’s official address for correspondence and legal purposes.
The address must also be capable of receiving official correspondence and be available during normal business hours.
After registration, the foreign-funded LLC may choose to establish a different operating address for its business activities in the Czech Republic.
The operating address may be a different physical address from the registered office address.
It is important to ensure that the company’s registered office address and operating address are kept up to date with the relevant authorities, such as the Commercial Register and the tax authorities.
Any changes to the registered office address must be reported to the Commercial Register within 15 days of the change.
Failure to maintain an up-to-date registered office address can result in penalties and other legal consequences.

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What are the specific regulations or requirements of a registered office address for a permitted industry of an LLC in Czech?

The specific requirements for a registered office address for a permitted industry of a limited liability company (LLC or “s.r.o.” in Czech) in the Czech Republic depend on the industry and the location where the company is registered.
However, there are some general requirements that must be met:
1.The registered office address must be a physical address where the company can be contacted. This means it cannot be a P.O. box or a virtual office address.
2.The registered office address must be located within the Czech Republic. The company cannot have a registered office address in a foreign country.
3.The registered office address must be a place where the company can receive official documents, such as court summons, tax notices, or other legal or regulatory correspondence.
4.The registered office address must be registered with the Commercial Register, which is the official registry of companies in the Czech Republic.
If the permitted industry has specific location or address requirements, such as for a manufacturing plant or a licensed facility, then the company’s registered office address must comply with those requirements.

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Amount of investment, registered capital, and government fees for Foreign-funded Limited Liability Company in Czech
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Are there any regulations on authorized share capital, registered share capital and paid-up share capital of a Foreign-funded Limited Liability Company in Czech?

Is there any requirement for minimum funds to be in place within a certain period?

Yes, there are regulations on authorized share capital, registered share capital, and paid-up share capital for foreign-funded limited liability companies (LLCs) in the Czech Republic.

  1. Authorized share capital refers to the maximum amount of capital that a company can issue to its shareholders.
  2. Registered share capital refers to the amount of share capital that has been registered with the Commercial Register.
  3. Paid-up share capital refers to the amount of share capital that has actually been paid by the shareholders.
    In the Czech Republic, the minimum registered share capital for an LLC is CZK 1.
    However, there is no specific regulation on the authorized share capital for an LLC, so the company can choose to have an authorized share capital that is higher than its registered share capital.
    However, it is important to note that the paid-up share capital must be at least 30% of the registered share capital prior to the filinh of the application for the registration with the commercial Register for an LLC.
    The minimum amount of paid-up share capital for an LLC is CZK 1. This means that if the registered share capital is CZK 100,000, the minimum paid-up share capital must be CZK 30,000.
    There is no specific requirement for minimum funds to be in place within a certain period for limited liability companies (LLCs).

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What is the relation between government fees with authorized share capital, registered share capital, and paid-up share capital of a Foreign-funded Limited Liability Company in Czech?

In the Czech Republic, the government fees for registering a foreign-funded limited liability company (LLC) are not directly related to the authorized share capital, registered share capital, or paid-up share capital of the company.
The government fees for registering an LLC in the Czech Republic depend on various factors such as the type of company, the amount of registered capital, the number of shareholders, and the type of services required. The notary fee usually depends on the amount of the registered share capital.
These fees are charged by the Commercial Register and the Ministry of Justice.

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Application of Certificate Number for a Foreign-funded Limited Liability Company in Czech Republic

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What are the company certificate numbers needed to apply with the relevant legal entities for a foreign-funded Limited Liability Company in Czech?

The company certificate numbers of relevant legal entities of foreign-funded limited liability company in the Czech Republic include:

  1. Business ID (IČO): This is a unique identification number assigned to each legal entity in the Czech Republic. It is composed of 8 or 9 digits. The IČO is used for registration with various government authorities, including the Commercial Register, the Tax Office, and the Social Security Administration.
  2. Value Added Tax (VAT) ID (DIČ): This is a unique identification number assigned to businesses that are registered for VAT in the Czech Republic. DIČ consists of 8 digits. The DIČ is used for reporting and paying VAT, as well as for invoicing.
    The specific company certificate numbers required for foreign-funded subsidiaries in the Czech Republic may vary depending on the type of business activities being conducted and the specific circumstances of the company.

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What are the certificate application for the Foreign-funded Limited Liability Company in Czech as a tax entity?

As a tax entity in the Czech Republic, a Foreign-funded Limited Liability Company may need to apply for various certificates depending on its specific circumstances and tax obligations.
Here are some of the certificates that may be required:

  1. Trade license – This is required for conducting business activities in the Czech Republic, including selling goods or providing services. The process for obtaining a trade license can vary depending on the specific type of business activity.
  2. Value Added Tax (VAT) registration – If the company is engaged in the sale of goods or provision of services in the Czech Republic, it may need to register for VAT. VAT registration allows the company to charge VAT on its sales and recover VAT paid on its purchases. In practice, registration numbers are generally issued within a week.
  3. Tax identification number (TIN) – A TIN is a unique identification number assigned to the company by the tax authorities. It is required for filing tax returns and communicating with the tax authorities. Companies must register with the local tax administration body within 30 days of obtaining their business license.
  4. Certificate of residency – A certificate of residency may be required to claim tax benefits under double taxation treaties between the Czech Republic and other countries.
  5. Certificate of incorporation – A certificate of incorporation confirms that the company is a registered legal entity in the Czech Republic.

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What are the certificate application for Foreign-funded Limited Liability Company in Czech in relation to withholding tax on salary and employee benefits?

  1. Employer Identification Number (Daňové identifikační číslo”) – This is a unique identification number assigned to the company by the tax authorities. It is required for reporting tax withholdings on employee salaries and benefits.
  2. Social Security Number (Číslo sociálního pojištění pro zaměstnavatele) – If the company hires employees in the Czech Republic, employers must register in the employer registry by filling the “Registering an employer in the employer register” form with District Social Security Administration (DSSA), within 8 days after commencing commercial activities.
  3. Health Insurance Number (Číslo pojištěnce)– Employer must register with the health insurance companies that their employees chose within 8 days of being notified of employees’ health insurance company selections.

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What are the other independent certificate numbers or application, or declaration related to the government’s jurisdiction for Foreign-funded Limited Liability Company in Czech?

  1. Foreign Investment Notification – If the foreign company invests a certain amount of money in the Czech Republic, it may need to notify the Ministry of Industry and Trade (Ministerstvo průmyslu a obchodu) of its investment.
  1. Statistical Office ID (SÚKL) – Czech Statistical Office (ČSÚ) stands for Český statistický úřa. It is the main government agency responsible for collecting, analyzing, and disseminating statistical information in the Czech Republic. It is an independent agency and operates under the Ministry of Industry and Trade.
  2. Import and Export Permit – companies engaged in import and export activities may need to apply for an import or export permit number depending on the type of goods being traded.

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To summarize: Which of the following certificate numbers do Foreign-funded Limited Liability Company in Czech need to apply for?

National (federal) company certificate number, provincial (state) company certificate number, national (federal) tax certificate number, provincial (state) tax certificate number, national value-added tax certificate number, provincial (state) value-added tax certificate number, social insurance card number, medical insurance card number, pension certificate number, other funds such as housing fund certificate number, labor union certificate number, import and export certificate number, and franchise industry certificate number.

In the Czech Republic, companies are required to register for a tax identification number, which is a unique identification number used for tax purposes.
The tax identification number is issued by the tax office in the area where the company is registered.
There is no federal/provincial system in the Czech Republic, so the tax identification number is not issued separately for each province or state.
Instead, the tax identification number is issued at the national level and is used throughout the country.
However, it’s important to note that there may be different tax offices depending on the location of the company, and the procedures for obtaining a tax identification number may vary slightly depending on the specific tax office involved.

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Incorporation procedures of Czech -Foreign-funded Limited Liability Company and key matters

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What are the procedures of setting up a Foreign-funded Limited Liability Company in Czech? Documents required? Competent Government unit? Websites?

Here are the general procedures for setting up a Foreign-funded Limited Liability Company in the Czech Republic:

  1. Choose a company name: Choose a unique name for the company and check its availability with the Trade Licensing Office.
  2. Open a bank account: Open a bank account for the company in a Czech bank.
  3. Obtain a trade license: Apply for a trade license from the Trade Licensing Office.
  4. Draft articles of association: Prepare articles of association for the company.
  5. Notarize the articles of association: The articles of association must be notarized by a Czech notary public.
  6. Deposit the share capital: The minimum share capital of CZK 1 is required to be deposited in a Czech bank account before registering the company.
  7. Register the company: The registration of the company must be carried out with the Commercial Register, which is managed by the Czech Republic’s Regional Court.
  8. Obtain a tax identification number: Register the company for tax purposes and obtain a tax identification number.
  9. Register with the relevant authorities: Register with the relevant authorities such as the Social Security Administration, health insurance provider, and labor office.
    The documents required for setting up a Foreign-funded Limited Liability Company in the Czech Republic may include:
  10. Articles of association
  11. Notarized specimen signature of the company’s representative
  12. Certificate of incorporation or similar document from the investor’s home country
  13. Proof of identity of the founders and the statutory representative
  14. Proof of the company’s registered address
  15. Trade license
  16. Confirmation of the share capital deposit
  17. Application for registration in the Commercial Register
  18. The competent government unit for setting up a Foreign-funded Limited Liability Company in the Czech Republic is the Commercial Register, which is managed by the Regional Court.
    Here are some websites that might be useful for setting up a Foreign-funded Limited Liability Company in the Czech Republic:
    Czech Trade Promotion Agency: https://www.czechtradeoffices.com/en
    Ministry of Industry and Trade: https://www.mpo.cz/en/
    BusinessInfo.cz: https://www.businessinfo.cz/en/
    Czech Bar Association: https://www.cak.cz/en/

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What are key consideration matters of when deciding to set up foreign-funded limited liability company in Czech?

Some of the most important considerations to keep in mind include:

  1. Legal Requirements: The first step in setting up a foreign-funded LLC in the Czech Republic is to meet all legal requirements. This includes obtaining the necessary permits and licenses, registering with the trade register, and complying with all applicable laws and regulations.
  2. Business Plan: It is important to have a solid business plan that outlines your goals and strategies for success in the Czech market. This plan should include a detailed analysis of the local market, competition, and potential challenges.
  3. Capital Requirements: To establish a foreign-funded LLC in the Czech Republic, you will need to have a minimum registered capital of CZK1. Additionally, you will need to ensure that you have sufficient capital to cover startup costs and ongoing expenses.
  4. Taxation: As a foreign-owned LLC, you will be subject to Czech taxation laws. It is important to consult with a tax expert to ensure that you are aware of all tax obligations and can plan accordingly.
  5. Staffing: You will need to hire staff to operate your business in the Czech Republic. This may require you to recruit and train local employees who are familiar with the local market and language.
  6. Cultural Differences: Finally, it is important to consider the cultural differences between your home country and the Czech Republic. You will need to adapt your business practices to local norms and customs and may need to build relationships with local partners and stakeholders.
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