Abstract

All associations of capital (general partnerships, limited partnerships, limited joint-stock partnerships, limited liability companies and joint-stock companies) are subject to registration in the business register of the National Court Register. Upon registration they acquire legal personality (partnerships) or become legal persons (shareholding companies). However, registration does not establish an entrepreneur, which requires that the characteristics of an entrepreneur fulfilled, namely undertaking and performing business activities in one’s own name, for profit, in an organized and continuous manner. With respect to partnerships, the Commercial Companies Code of 2000 requires running of an enterprise (within the subjective and functional meaning – Art. 55¹ of the Civil Code). Joint-stock companies may be established for any legally allowed purpose, i.e. also for non-business and non-profit (e.g. charitable) purposes. If they do not fulfill all of the characteristics of an entrepreneur, specified in the Business Freedom Act of 2004, they are not entrepreneurs and registration in the National Court Register does not make them entrepreneurs.