Business operation; application for continuation by a deputy

If you have been banned from exercising a trade due to unreliability, the competent authority may, at your request, allow you to continue the trade through a deputy who offers the guarantee of proper management of the trade.

The deputy must meet the requirements prescribed for the relevant trade.

Permission may be granted for a limited period and with ancillary provisions.

• Legally binding trade ban or trade ban with order for immediate enforcement
• The deputy must offer the guarantee of proper management of the business, i.e. he must above all be reliable in his own person and independent of the trader
• The deputy must meet the requirements prescribed for the trade in question (e.g. certificate of competence, master craftsman's examination in accordance with the Crafts Code).

No deadlines need to be observed. However, permission must be granted before the deputization can begin.

• Identity card or other official identification document with photograph (not required for electronic applications).

• Residence permit, if applicable

• Certificate of good conduct for submission to an authority of the deputy, if applicable

  The information must not be older than three months.

• If applicable, extract from the central trade register for submission to an authority of the deputy person

  The information must not be older than three months.

Depending on the work involved: EUR 25 to 250 in accordance with the Schedule of Costs under the Costs Act (Tariff No. 5.III.5/16)

• § Section 35 (2) of the Trade, Commerce and Industry Regulation Act (GewO)
• § Section 45 of the Trade Regulation Act (GewO)
• § Section 47 of the Trade Regulation Act (GewO)

You must apply to the competent trade authority for continuation. The application can be submitted prior to the prohibition; however, the permit for representation will be issued at the earliest at the same time as the prohibition.

For trades requiring a license pursuant to Sections 31, 33i, 34, 34a, 34b, 34c, 34d, 34f, 34h, 34i GewO and publicly appointed experts pursuant to Section 36 GewO, the admissibility of representation must be decided in each individual case by the authority that issued the license/appointment.