Business operation; application for continuation by a deputy

If you have been banned from practicing a trade due to unreliability, the competent authority may, at your request, allow you to continue the trade through a deputy who guarantees that the trade will be run properly.

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

Permission may be granted for a limited period of time and subject to 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).

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 permit 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 authority that issued the permit/appointment must decide on the permissibility of representation in each individual case.

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

• The following documents are required:
  

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

  • Residence permit, if applicable

  • If applicable, certificate of good conduct for submission to an authority of the representative person

    The information must not be older than three months.

  • If applicable, extract from the central trade register for submission to the representative's authority

    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)