Business operation; application for continuation by a deputy

• 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 fulfil 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, the authorisation must be in place before the substitution 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 for continuation to the competent trade authority. The application can be submitted prior to the prohibition; however, the authorisation to act as a representative will be issued at the earliest at the same time as the prohibition.

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.