Commercial enterprise; application for temporary continuation without qualified substitution
You can continue a business after the death of the trader(s) even without a qualified substitute. You must apply for the permit.
Description
After the death of a trader, the trade may be continued on behalf of the surviving spouse or partner.
- for the account of the surviving spouse or the surviving civil partner
- the minor heirs during the period of minority
- the executor of the estate, the guardian of the estate or the executor of the last will and testament
as a rule, can only be operated by qualified deputies (for further information, see "Related Topics").
Upon application, the competent authority may allow the trade to be operated without such a deputy for a period of one year after the death of the trader.
Prerequisites
- Death of the previous trader
- Authorized exercise of the deceased's trade
The deceased's trade must not have been discontinued or prohibited; required permits must have been issued and be valid
. - Personal reliability, if applicable, in the case of trades requiring a permit or supervision
In the case of trades requiring a permit or supervision, the person authorized to continue the business or the deputy must be personally reliable and prove this with appropriate current evidence from the Federal Central Register and the Central Trade Register
.
Procedure
You must apply for permission in writing to the authority that issued the permit.
The authority will examine your application. In case of a positive decision, you will receive a notice that you may continue the business for up to one year without a qualified representative. After the expiry of this period, you must appoint a qualified deputy.
Deadlines
You must apply immediately after the death of the trader(s) for the intended continuation of the business without a competent substitute.
Fees
- per effort: 50 to 5.000 EUR
Status: 16.01.2023
Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
- Online transactions, Bavaria-wide
- Online transactions, locally limited
- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
- Legal bases, locally limited
- Fees, Bavaria-wide
- Fees, locally limited
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