Business registration; business registration by non-EU citizens

If you want to start a standing trade, you must report this. You must also report the start of operation of a branch office or a dependent branch office, as well as the relocation of the business.

Description

Before starting an independent commercial activity, it is generally only necessary to notify the competent chamber of industry and commerce or the chamber of handicrafts or the municipality in which the activity is carried out (Section 14 (1) sentence 1 Gewerbeordnung - GewO). In the case of the installation of vending machines of any kind as an independent trade, the notification must be submitted to the competent authority of the principal place of business (§ 14 para. 3 GewO).

A trade is any self-employed activity that is not socially unvalued, profit-making and 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 requiring higher education) and the mere administration and use of one's own property.

Every natural person (e.g. also partners of partnerships) or legal entity that starts a trade (main establishment) as well as the start of operation of a branch office or a dependent branch office must be notified.

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

Certain trades do not require a permit, but are subject to special monitoring by the authorities (so-called trades requiring monitoring pursuant to § 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, except as provided in subparagraph (c),

by establishments specializing in the trade of second-hand goods;

2) Provision of information on financial circumstances and personal affairs (credit agencies, detective agencies);

3) arranging marriages, partnerships and acquaintanceships;

4) Operation of travel agencies and arrangement of accommodation;

5) Sales and installation of building security equipment, including key services; and

6) Manufacturing and distributing specialized theft-related opening tools.

When registering a trade requiring supervision, the reliability of the trader is immediately checked. The applicant is therefore obliged to apply for a certificate of good conduct (Section 30 (5) of the Federal Central Register Act) and information from the Central Trade Register (Section 150 (5) of the Trade Regulation Act) for submission to the authorities.
The foreign applicant is obliged to provide comparable proof of reliability (official certificate of good conduct or an extract from the criminal record of his home country or an equivalent document). If, on the basis of the foreigner's previous residence, it can be assumed that the above-mentioned certificates and proofs no longer contain, or do not yet contain, facts relevant to trade law, the foreign or German certificates may be waived.

Travel trade activities for which a travel trade card is required are not subject to notification. On the other hand, some activities that do not require a travel trade card (e.g. sale of printed matter in public places, sale of foodstuffs from non-fixed points of sale) are subject to notification (Section 55c GewO).

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

Other authorities (e.g. tax office, chamber of crafts or chamber of industry and commerce) will also be informed about the business registration.

Important instructions for service providers

  • Die Tätigkeit des Unternehmensberaters kann als Gewerbe angesehen werden, etwa wenn der Unternehmensberater nicht über einen Hochschulabschluss in Betriebs- oder Volkswirtschaftslehre verfügt und nicht umfassend zu Grundsatzfragen berät. Er muss dann das Gewerbe anzeigen (§ 14 Abs. 1 GewO).

Prerequisites

  • Residence permit allowing the exercise of self-employed activity
  • Age of majority or permission of the guardianship court

Deadlines

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

Required documents

  • Identity card or passport (copy)
  • Non-EU foreign nationals: Residence title permitting self-employed (independent) activities
  • For legal entities: Excerpt from the commercial register or comparable registration documents from abroad (including a certified translation into the German language)
  • For BGB companies: Articles of association
  • For limited liability companies in the course of incorporation: a certified copy of the notarized memorandum of association and a power of attorney by the incorporators stating that the commercial activities will be commenced even prior to the limited liability company's registration in the commercial register.
  • For trades or businesses requiring special supervision: Certificate of good conduct and extract from the Central Register of Trade and Industrial Offenses (if necessary, the written certificates of reliability may be replaced by an affidavit or similar acts)
  • Foreign nationals: Written certificates of reliability issued by the country of origin, as a certified copy and with a certified translation to the German language

    (E.g. official certificate of good conduct, certificate of good character, or extract from the police records (criminal records) by the home country or an equivalent official document and an extract from the Central Register of Trade and Industrial Offenses by the home country)

  • Minors: Power of attorney or permit by the guardianship court
  • Authorization: Written power of attorney and the ID cards of both the grantor of the power of attorney and the grantee of the power of attorney

Forms

Fees

  • 25 to 100 EUR according to the Schedule of Costs (5.III.5/2.) to the Cost Act

Remedy

Administrative court proceedings; information

administrative claim

Status: 30.08.2022

Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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