Service content
Description of the
Following the death of a trader, the business may continue to operate on their behalf
- of the surviving spouse or surviving civil partner
- of the minor heirs whilst they are minors
- the administrator of the estate, the curator of the estate or the executor of the will
are, as a rule, operated only by qualified deputies in accordance with Section 45 of the Trade Regulation Act (GewO).
Upon application, the competent authority may permit the business to continue to be operated for up to one year following the death of the business owner, even without such a deputy. The authority may authorise the business to continue to be operated by a deputy who does not meet the requirements of Section 45 of the Trade Regulation Act (GewO), or by the spouse, civil partner, heir, estate administrator, etc.
Prerequisites
- Death of the previous business owner
- Lawful pursuit of the deceased’s trade
The deceased’s business must not have been suspended or prohibited; any necessary licences must have been granted and must be valid.
- Personal reliability
In the case of trades requiring a licence or subject to supervision, the person authorised to continue the business or their representative must provide evidence of personal integrity by means of relevant, up-to-date extracts from the Federal Central Register and the Central Trade Register.
Deadlines
You must apply to continue the business as intended without a qualified deputy immediately following the death of the business owner.Costs
Depending on the amount of work involved: 25 to 250 EUR in accordance with the schedule of fees under the Costs Act (tariff no. 5.III./18)
Legal basis
Procedure
You must apply for the licence from the relevant trade licensing authority.
For trades requiring a licence in accordance with Sections 31, 33i, 34, 34a, 34b, 34c, 34d, 34f, 34h, 34i GewO and publicly appointed experts in accordance with Section 36 GewO, the admissibility of representation must be decided in each individual case by the authority that issued the licence/appointment.
The authority will assess your application. If your application is approved, you will receive a notice stating that you may continue to operate the business for up to one year from the date of the business owner’s death, even without a qualified representative. Once this period has expired, you must appoint a qualified representative.