Company registered office at a property's address (owner's consent)

A registered office (sídlo) is the address a company or trader has recorded in the public register or the trade register. Anyone may rely on a company's actual seat, and against anyone relying on the seat recorded in the public register the company cannot object that its seat is elsewhere (Section 137 of the Civil Code). A registered office may also be in a flat if it does not disturb peace and order in the building (Section 136).

The owner's consent

• A company entered in the commercial or another public register must prove, when registering, its legal basis for using the premises of its registered office. A written statement by the owner of the property or unit consenting to the registered office is enough, with officially certified signatures and no older than 3 months (Section 14 of the Public Registers Act No. 304/2013 Coll.).
• The company must have that legal basis for as long as the address is recorded as its registered office (Section 14(3)).
• A sole trader with a trade licence proves the legal basis for the premises of the registered office when it differs from their residence; here too the owner's written consent is enough (Section 46 of the Trade Licensing Act No. 455/1991 Coll.). The trader must prove it at any time if the trade licensing office asks, unless the registered office is at their residence (Section 31(2)).

What to do after buying a property with someone else's registered office

• The simplest way is to agree in the purchase contract that the seller moves the registered offices of their companies and businesses before handover.
• If the company uses the premises under a lease, the lease passes to the new owner with the purchase (Section 2221 of the Civil Code) and the registered office may lawfully stay.
• Otherwise, ask the company in writing to change its registered office and tell it you do not consent. The company must file for the change without undue delay (Section 11(2) of the Public Registers Act).
• If it does not respond, notify the registry court where the company is registered. The court may open proceedings on its own initiative (Section 78(1)), call on the company to remedy the situation (Section 9(1)) and, if it does not, dissolve it with liquidation (Section 172 of the Civil Code). The Regional Court in Brno did so, for example, on 21 December 2021 for a company whose premises' co-owners told the court that its right to use the address as a registered office had ended.
• For a sole trader who is not in the commercial register, contact the trade licensing office. If the trader does not prove the legal basis on its request, the office revokes the trade licence (Section 58(1)(d) of the Trade Licensing Act). If the trader's registered office is at their permanent residence address, the owner may ask the registration office (ohlašovna) to cancel the permanent residence record if the right of use has ended and the trader does not use the property (Section 12 of the Population Register Act No. 133/2000 Coll.).

Mass (virtual) registered office

Some addresses host the registered offices of a large number of companies, usually as a paid service by a registered office provider. The law does not know the term virtual office; even such a company must have a legal basis for using the address. For the buyer of a flat or house this may mean other people's mail and visits concerning companies that are not physically based in the building.

Frequently asked questions

Does a registered office in another flat of the building concern me?

Consent is given by the owner of the unit where the registered office is located (Section 14(2) of the Public Registers Act). A registered office in another flat is a matter for its owner; in an apartment building these are often traders from other flats or the owners' association. Registers, however, state the building's address, so an extract may not show which flat the registered office is in.

Where can I find out who has a registered office at an address?

In the public register on the justice.cz portal and in the Ministry of Finance's ARES system, where businesses can also be searched by registered office address.