Applying for re-authorisation of a trade after prohibition

  • Full text

    As a rule, you can only apply for re-authorisation of your trade after 1 year. This period is prescribed by law. It gives you the opportunity to show the authorities that the reasons for your unreliability have ceased to exist by changing your lifestyle.

    For overriding reasons - for example, economic or structural policy reasons - the exercise of the trade may be permitted again earlier in exceptional cases. This applies, for example, in the event that the resumption of the trade

    • creates additional jobs or
    • creditors of your company to reduce their debts.

    The mere cessation of the circumstances justifying unreliability is not sufficient to shorten the one-year period.
    Note:
    If you resume your activity after being re-authorised, you must at least submit a trade notification to the competent authority at the same time. The resumption is to be treated as a new start of the trade.

    If you have previously had a licence revoked due to unreliability, which is legally required for the exercise of your trade, you must apply for a new licence before resuming your commercial activity requiring a licence. The same applies if a new licence requirement has been introduced in the meantime.

  • Basis for action(s)

  • Required documents

    • Details of the intended activity
    • Information on the location of the intended business activity
    • Proof of how you have made a living since your business was banned and whether you have been working as an employee
    • Certificate of good conduct
    • Extract from the central trade register
    • Extract from the debtor register and certificate from the insolvency court (available from the competent local or insolvency court)
    • Current certificates: from the trade tax, tax offices and social security organisations

    Special features in the event of payment arrears:

    If you had payment arrears at the time of the previous trade ban, you must submit current certificates from the trade tax, tax offices and social insurance organisations. These certificates must contain information about

    • the amount of any outstanding arrears, broken down into principal and ancillary claims
    • the period from which the possible principal claim originates
    • Redemption agreements concluded after the trade ban, their date of conclusion, regulations and compliance
    • the implementation of compulsory debt collection measures, their nature and success

    Special features in the event of a change of residence:
    If you have moved after your business was prohibited at the time, you will need certificates from the debtor register of the insolvency court, the tax office and the trade tax office from both the current authorities and the authorities responsible at the time the business was prohibited.

  • Prerequisites

    The reasons that led to the prohibition no longer exist.
    Based on your behaviour in the meantime, the competent authority must also be able to predict that you will carry out your business properly in the future.

  • Costs (fees, expenses, etc.)

    Prepayment: No

  • Procedure

    Submit an informal written or electronic (e.g. by e-mail) application to the competent authority for re-authorisation to carry out commercial activities and the necessary documents.
    The competent authority will check whether you can be authorised to carry out your commercial activity again on the basis of your supporting documents. To this end, it will make a prognosis decision with regard to the future proper exercise of your trade.
    If the requirements are met, you will receive a favourable decision.

  • Deadlines

    (at the earliest) after prohibition, in exceptional cases also possible earlier

    Deadline: 1 year

    Time limit: 10 years

  • Forms

    • Forms: no
    • Written form required: no
    • Online procedure possible: yes (if offered)
    • Personal appearance required: no

  • Legal remedy

    • Contradiction
    • Administrative court action

  • Author

    Redirection service: Deep link to the original portal Redirection service: Deep link to the original portal

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