Business Listing; Business Registration

Before commencing self-employed commercial activity, it is generally sufficient to simply register the business with the relevant Chamber of Industry and Commerce, Chamber of Crafts, or the municipality in which the activity is carried out (Section 14(1), sentence 1, of the Trade Regulation Act (GewO)). When setting up vending machines of any kind as an independent business, the notification must be filed with the competent authority for the main place of business (Section 14(3) GewO).

The commencement of operations at a branch office or a dependent branch, as well as the relocation of the business, must also be reported (Section 14(1), sentence 2, GewO). If you relocate your business to another municipality, you must register your business at the new location. The competent authority will forward the data from the business registration to the authority at the previous location. In addition, the business owner is no longer required to deregister at the previous location.

A business is any self-employed activity that is not socially harmful, is aimed at making a profit, and is intended to be long-term, with the exception of primary production (e.g., agriculture), liberal professions (high-level scientific, artistic, and literary activities, as well as personal services requiring higher education), and the mere administration and use of one’s own assets.

Any natural person (e.g., including partners in partnerships) or legal entity that commences a business (main place of business), as well as the commencement of operations at a branch or a dependent branch office, is subject to the registration requirement.

For businesses requiring a license (e.g., real estate brokers, the hospitality industry) and for skilled trades, a license or registration in the skilled trades register is required in addition to the business registration.

Although certain businesses are not subject to a licensing requirement, they are subject to special official supervision (so-called “businesses requiring supervision” pursuant to § 38 GewO). The following business sectors are affected:

1. The purchase and sale of
   a) high-value consumer goods, in particular consumer electronics, computers, optical products, cameras, video cameras, carpets, fur, and leather clothing;
   b) motor vehicles and bicycles;
   c) precious metals and alloys containing precious metals, as well as goods made of precious metals or alloys containing precious metals;
   d) gemstones, pearls, and jewelry; or
   e) scrap metal, to the extent that it is not covered by subparagraph (c),
   by businesses specializing in the trade of used goods;
2. Provision of information regarding financial circumstances and personal matters (credit bureaus, private investigation agencies);
3. Matchmaking services for marriages, partnerships, and dating;
4. Operation of travel agencies and arrangement of accommodations;
5. Sales and installation of building security systems, including locksmith services; and
6. Manufacturing and distribution of specialized theft-related lock-picking tools.

When registering a business that requires supervision, the business operator’s reliability is verified immediately. The applicant is therefore required to request a certificate of good conduct (Section 30(5) of the Federal Central Register Act) and an extract from the Central Trade Register (Section 150(5) of the Trade Regulation Act) for submission to the authorities.
A foreign applicant is required to provide comparable proof of good character (an official certificate of good conduct or character, an extract from the criminal record of their home country, or an equivalent document). If, based on the foreign national’s previous residence, it can be assumed that the aforementioned certificates and documents no longer contain—or do not yet contain—facts relevant under commercial law, the requirement to submit the foreign or German certificates may be waived.

Itinerant trade activities for which an itinerant trade license is required are not subject to notification. However, for certain activities that do not require a traveling trade license (e.g., the sale of printed materials in public places, the sale of food from non-fixed sales locations), a notification requirement applies (Section 55c of the German Trade Regulation Act (GewO)).

Please refrain from inquiring about the status of your application. We will contact you if any documents are missing or if we have any questions.

If you have questions about starting a business, please contact the City of Erlangen’s Economic Development Office.
For questions regarding financial matters, please contact the Mittelfranken-Ost Tax Office.
If you have questions regarding renovations or changes in use, please contact the City of Erlangen’s Building Inspection Office.
If you have questions regarding food hygiene, please contact the City of Erlangen’s Office of Veterinary Affairs and Consumer Health Protection or the Public Health Department.

Note:

Sole proprietorships that are not entered in the Commercial Register must be registered under the legal form “unregistered sole proprietorship.”

• Legal age or approval from the guardianship court
• For non-EU citizens: a residence permit that allows the individual to engage in self-employment

The business registration can be submitted in writing using the provided form to the municipality where the business is conducted, or to the relevant Chamber of Industry and Commerce or Chamber of Crafts. If a competent authority offers an online procedure, the business registration can be submitted electronically through that system.

Other agencies (e.g., the tax office, the Chamber of Skilled Crafts, or the Chamber of Industry and Commerce) are also notified of the business registration.

In-person visits are not currently possible.

Your request will be accepted exclusively electronically via BayernID.

A one-time registration is required to use BayernID. This can be done, among other ways, by entering a username and password.

Further questions about BayernID are answered here: https://id.bayernportal.de/de/faq

The notification must be filed before commercial operations begin.

• Identification card or passport (copy)
• Legal entities: Extract from the commercial register or comparable registration documents from abroad (with a German translation)
• GmbH in the process of formation: a copy of the notarized articles of incorporation and a power of attorney from the founders stating that business operations are to commence even before the GmbH is entered in the commercial register
• Businesses Subject to Supervision: Certificate of Good Conduct and Extract from the Central Business Register (where applicable, the proof of good character may be replaced by an affidavit or similar documentation)
• Minors: Authorization from the legal representative(s) and approval from the family court
• Power of Attorney: Written power of attorney and identification documents for both the principal and the agent
• For non-EU citizens: a residence permit that allows for self-employment

25 to 100 EUR in accordance with the Schedule of Fees under the Cost Act (Rate No. 5.III.5/2.)

Business Registration for Individuals: 60.00 euros

Business registration for legal entities: 60.00 euros