Business registration; business registration by EU citizens

Before starting an independent commercial activity, it is generally only necessary to notify the competent Chamber of Industry and Commerce or Chamber of Crafts or the municipality in which the activity is carried out (Section 14 (1) sentence 1 of the Trade, Commerce and Industry Regulation Act - GewO). If vending machines of any kind are set up as an independent business, notification must be submitted to the competent authority of the main establishment (§ 14 Para. 3 GewO).

A trade is any self-employed activity that is not socially unworthy, aimed at making a profit and intended to be permanent, with the exception of primary production (e.g. agriculture), liberal professions (free scientific, artistic and literary activities of a higher nature as well as personal services that require higher education) and the mere administration and use of one's own assets.

Every natural person (e.g. also partners in partnerships) or legal entity that starts a business (main establishment) and the start of operation of a branch or dependent branch office is subject to notification.

In the case of trades requiring a permit (e.g. real estate agents, catering trade) and craft activities, a permit or entry in the register of craftsmen is also required in addition to the business registration.

Although certain trades do not require a permit, they are subject to special official supervision (so-called trades requiring supervision in accordance with Section 38 GewO). The following trades are affected:

1) 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) precious stones, pearls and jewelry; or

e) scrap metals, insofar as they do not fall under letter c,

by companies specializing in the trade in second-hand goods;

2) the provision of information on financial circumstances and personal matters (credit agencies, detective agencies);

3) arranging marriages, partnerships and acquaintances;

4) Operating travel agencies and arranging accommodation;

5) distribution and installation of building security equipment, including locksmith services; and

6) Manufacture and distribution of special theft-related opening tools.

When registering a business requiring supervision, the reliability of the business operator is checked immediately. The applicant is therefore obliged to apply for a certificate of good conduct (§ 30 Para. 5 Federal Central Register Act) and information from the Central Trade Register (§ 150 Para. 5 GewO) for submission to the authorities.
The foreign applicant is obliged to provide comparable proof of reliability (official certificate of good conduct or good character or an extract from the criminal record of his/her home country or an equivalent document). If, based on the foreigner's previous residence, it can be assumed that the aforementioned certificates and proofs no longer or not yet contain facts of significance under trade law, the foreign or German certificates may be waived.

Travel trade activities for which a travel trade license is required are not subject to notification. However, some activities that do not require a travel trade license (e.g. sale of printed works in public places, sale of food from non-fixed points of sale) must be notified (§ 55c GewO).

The business registration must be made in writing using the form provided. Receipt of the business registration is certified by the competent authority.

Other authorities (e.g. tax office, Chamber of Trade or Chamber of Industry and Commerce) are also informed of the business registration.

Age of majority or approval of the guardianship court

The notification must be made before the start of the commercial activity.

• Identity card or passport (copy)
• Legal entities: Extract from the commercial register or comparable registration documents from abroad (with German translation)
• Companies under civil law: Articles of association
• GmbH in formation: a copy of the notarized formation agreement and a power of attorney from the founders stating that the business should commence before the GmbH is entered in the commercial register
• Trades requiring supervision: Certificate of good conduct and extract from the central trade register (if necessary, replacement of proof of good repute by affirmation in lieu of an oath or similar acts)
• Foreigners: Proof of good repute from the country of origin as a certified copy and certified German translation
  (z.B. Amtliches Führungszeugnis, Leumundszeugnis oder Auszug aus der Strafliste (Strafregister) des Heimatstaates oder gleichwertige Urkunde sowie Gewerbezentralregisterauszug des Heimatstaates)
• Minors: Power of attorney or authorization from the guardianship court
• Authorization: Written power of attorney and identification of the principal and the authorized representative