54 TOURISM LAW IN EUROPE 2. REGULATORY PROVISIONS 2.1. Trade Regulations Trade related to tourism is traditionally very heavily regulated in Austria. Therefore, all major trade in tourism belongs to the so-called “regulated trades”4. Additionally to the general requirements for practising a trade, it also requires a formal certificate of professional qualification (or evidence of an equivalent individual qualification). These trades include in particular: tourist guides5; hospitality industry (restaurant services and accommodation)6; and travel agency business (including tour operators)7. Whenever a regulated trade is exercised by a legal entity, a natural person has to be appointed as the so-called “managing director under trade law”, who must have the required certificate of professional qualification and is responsible to the authorities for the exercise of the respective trade8. He/she must either be a member of the body appointed to legally represent the company or be employed with social security coverage for at least half of the normal working hours9. A natural person may also appoint a managing director under trade law and is obliged to do so if he/she does not have a certificate of professional qualification or does not have a domicile in Austria. The latter requirement, however, does not apply to citizens of states which are member of the European Economic Area (EEA) and have their domicile within the EEA, or to Swiss citizens with a domicile either in Switzerland or in an EEA member state. Under certain preconditions, foreign natural persons or foreign legal entities that are authorised to carry out an activity in the territory of a member state of the WTO Agreement may carry out commercial activities in Austria, upon request, under the same conditions that must be met by Austrian nationals10. 4 Reglementierte Gewerbe, § 94 Gewerbeordnung (sec. 94 Trade Regulations Act). 5 Sec. 108 Trade Regulations Act. 6 Sec. 111 Trade Regulations Act. 7 Sec. 126 Trade Regulations Act. 8 Sec. 9 para 1 Trade Regulations Act. 9 Sec. 39 para 2 Trade Regulations Act. 10 Sec. 51 Trade Regulations Act.
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