Submitting a Request for a Foreign Investment Approval or a Consultation Proposal

Request for the approval of foreign investment or a consultation proposal

Request for a the approval of foreign investment  or a consultation proposal is to be submitted in the Czech language using a form specified by Government Decree No. 178/2021 Coll., signed by a statutory representative of the applicant.

To apply for the approval of foreign investment  or to propose a consultation, the applicant shall use the form in .docx format, which he can subsequently send in .pdf format to a data box of the Ministry of Industry and Trade: bxtaaw4

Together with the application for the approval of foreign invesment, the applicant shall submit a questionnaire with additional information about the foreign investment. This will allow for time-efficient assessment of the application, as well as for the execution of commitments in accord with Article 6 of the Regulation (EU) 2019/452 of the European Parliament and the Council, which establishes a framework for information exchange and cooperation in the screening of foreign investments directed to the European Union. The applicant shall submit this questionnaire in the English language.

Power of Attorney

Under Section 33 and the Act No. 500/2004 Coll. of the Rules of Administrative Procedure as amended, the applicant may be represented in the proceeding of the investment screening by a proxy with power of attorney.

The Ministry of Industry and Trade (administrative authority) accepts, in accord with the abovementioned provisions, the following types of power of attorney:

1. Power of attorney granted for a specific action, series of actions, or a specific part of the administrative proceeding (simple power of attorney)

This category consists of e.g. authorization to collect the resolution on granting the investment permit within the scope of a specific administrative proceeding. The power of attorney must clearly identify the specific administrative proceeding it has been granted for (ideally by stating the file number of a given proceeding) and for which action, series of actions, or part of the proceeding it has been granted (e.g. to collect the resolution on granting the investment permit and waiver of the right appeal). The power of attorney needs to be signed by the party to the proceedings (applicant) – the signature does not need to be officially certified. This type of power of attorney can be granted at any point during the administrative proceeding. This power of attorney needs to be submitted to the administrative authority for filing before execution of the action, for which it has been granted to the proxy (the representative person).

 

1. Power of attorney granted for the whole of the administrative proceeding (procedural power of attorney)

The power of attorney must clearly state for which administrative proceeding it has been granted. Power of attorney needs to be signed by the party to the proceedings (applicant) – the signature does not need to be formally authenticated. This type of power of attorney should be submitted to the administrative authority for filing simultaneously with the request for an investment permit.

The applicant can be represented by a proxy, based on a written power of attorney even in the process of consultation. The abovementioned provisions on representation are to be applied similarly in the process of consultation.