Legal Q&A · Company formation in Czechia and Slovakia

Our s. r. o. needs authorisation for a regulated trade. How do we notify it and what evidence is required?

Law as at 5 September 2026

Short answer

The notification is submitted to the trade licensing office. The key attachments are evidence of the responsible representative's professional qualifications, their declarations and consent to appointment. Authorisation arises on the notification date, meaning the date on which the filing contains all required particulars. The office confirms a complete notification by issuing a certificate within three working days. If there are defects, it instead issues a request allowing at least fifteen days to correct them, delaying the start.

Regulated trades listed in Annex 2 to the Trade Licensing Act (Act No. 455/1991 Coll.) follow the standard route through the trade licensing office. The regime in which authorisation arises directly upon entry in the Commercial Register applies only to specified unregulated trades in Annex 4a. We discuss it in trade authorisation arises on entry in the Commercial Register. An existing s. r. o. therefore submits a notification, on paper or electronically through slovensko.sk, and demonstrates professional competence through a responsible representative.

The responsible representative is central to the notification

A limited liability company cannot demonstrate professional competence in its own person. It does so through a responsible representative, whom it must appoint for a regulated trade (Section 11(6) of Act No. 455/1991 Coll.). Annex 2 specifies exactly what must be evidenced for each trade: for some activities, an educational qualification suffices; others also require relevant experience. Who may be appointed and what relationship they must have with the company is discussed in responsible representatives: Slovakia and Czechia.

What is attached to the notification

Alongside information about the company and representative (Section 45(3) and (4)), the attachments form an exhaustive list (Section 46(2)):

  • evidence of the responsible representative’s professional competence: a diploma, certificate or proof of experience;
  • the representative’s declaration that they are not a member of the company’s supervisory board and are not subject to a ban on the activity;
  • the representative’s consent to appointment;
  • a declaration concerning impediments to the company’s operation of the trade;
  • a criminal record extract only for persons who are not Slovak citizens; the office obtains extracts for Slovak citizens itself;
  • payment of the administrative fee.

Neither an employment contract nor proof of membership in the company is attached. The company’s relationship with the representative is an ongoing condition that the office checks during a later inspection, rather than at notification.

When authorisation arises

For a legal entity entered in the Commercial Register, trade authorisation arises on the notification date, but that means only the date on which the filing contains all required particulars (Section 10(1)). Completeness therefore matters more than speed of submission. The office’s deadline also depends on it:

If the trade licensing office finds that the notification contains the particulars required by Section 45, Section 45a(1) to (4) and Section 46 and that the entrepreneur satisfies the conditions laid down by this Act, it shall issue a trade authorisation certificate no later than three working days after receiving the trade notification and criminal record extracts.

Section 47(1) of Act No. 455/1991 Coll. (unofficial English translation)

After the certificate is issued, the new business activity must still be entered in the Commercial Register. Otherwise, counterparties and banks will not see it in the extract.

Common requests for correction and points to watch

Requests from the office most often arise for three reasons: the wording of the business activity does not match the item in Annex 2, proof of experience does not state what activity the representative performed and for how long, or a required declaration is missing. In such cases, the office sets a deadline of at least 15 days. If the defects are not corrected, it terminates the proceedings (Section 47(6) and (7)). Take care when adding activities later, too:

Notification of a new business activity is not a change to the information in the notification, but a new notification.

Section 49(1) of Act No. 455/1991 Coll. (unofficial English translation)

Starting before authorisation arises is not worthwhile: operating a regulated trade without authorisation is unauthorised business activity carrying a fine of up to EUR 3,319 (Section 64). For an unregulated trade, the maximum is EUR 1,659 (Section 63).

How we can help

We prepare the notification to pass on the first attempt, including the wording of the activities, the representative’s evidence and the declarations. For a new company, this forms part of forming an s. r. o. in Slovakia. We handle the subsequent entry of the business activity through changes in the Commercial Register, while ongoing additions to activities are covered by our external legal department.

Send us the name of the activity you plan to carry on and the prospective representative’s education and experience documents. We will assess whether they satisfy the relevant item in Annex 2 before filing.

This answer provides general information on the law as at 5 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. Must our company's responsible representative be an employee? Slovakia compared with Czechia In Slovakia, generally yes: the responsible representative must have an employment relationship with the entrepreneur. For an s. r. o., the main exception is a member, who needs no employment contract while their membership continues. In Czechia, employment is unnecessary; since 2008, any contractual relationship, even unpaid, is sufficient. Watch this difference when making changes: selling an ownership interest ends the Slovak exception, and the company has fifteen days to put a new arrangement in place.
  2. Must a memorandum of association now take the form of a notarial deed, or is lawyer authorisation sufficient? A lawyer is sufficient. Since 17 August 2026, incorporation documents must take the form of a notarial deed recording a legal act or a document authorised by a lawyer; both forms are legally equivalent. The lawyer drafts the agreement, verifies the founders' identities, authorises it and deposits it in the central authorisation register. A notary who drafted the document may not register the same matter themselves. An exception applies to an s. r. o. formed under the simplified procedure using the state electronic form.
  3. We are contributing real estate to an s. r. o. When does the company become its owner? Only when ownership is registered in the land register, rather than when the company comes into existence. Rights to other contributions in kind pass to the company on incorporation, but the Commercial Code makes an exception for real estate. The document required for the land register is the contributor's written declaration with a certified signature, rather than an agreement. Until registration is approved, the company does not own the property, and the member risks having to pay the contribution's value in cash.
  4. Can a business name be reserved before a company is formed? Yes. Since 17 August 2026, a business name can be reserved in the register of reserved business names maintained by the Žilina District Court. Applications are submitted electronically through a dedicated portal, with a court fee of EUR 50. The reservation lasts until the name is entered in the Commercial Register, up to a maximum of 60 days after delivery of the confirmation. It only protects against an identical registered name; it does not resolve conflicts with trade marks or other business names.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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