Itinerant trade; notification of an activity not requiring a licence

Certain itinerant activities that do not require a licence must be notified to the competent municipality.

Description

If you sell, distribute or purchase goods or offer services commercially outside a commercial establishment without a prior order, you usually need a permit (travel trade card) (for more information, see "Related topics" - "Travel trade; permit").

However, certain activities are not subject to a travel trade card (§ 55a Gewerbeordnung - GewO). Of these activities, however, some are instead subject to notification to the municipality (§ 55c GewO), unless the trade is subject to trade notification anyway (§ 14 GewO). These are:

  • the offering for sale of goods, seeking out orders, offering services or seeking out orders for services in the municipality of one's residence or commercial establishment, provided that the municipality does not have more than 10,000 inhabitants (Section 55a(1)(3) GewO),
  • the distribution of foodstuffs or other goods for daily consumption from a non-fixed point of sale or another establishment at regular, shorter intervals at the same place (Section 55a (1) no. 9 GewO)
  • the offering for sale of printed matter on public ways, streets, squares or other public places (Section 55a (1) No. 10 GewO).

In this respect, you must file a trade notification with the competent municipality. The local responsibility lies with the municipality in whose district you have your habitual residence.

Prerequisites

Age of majority or approval of the guardianship court

Deadlines

The notification is required before the start of the commercial activity.

Required documents

  • valid identity card or passport
  • Trade ad
  • For legal entities: Excerpt from the commercial register or comparable registration documents from abroad (including a certified translation into the German language)
  • 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.
  • 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

Fees

  • 12,50 to 50 Euro according to the list of costs (5.III.5/27) to the cost law

Remedy

Administrative court action

Status: 16.08.2021

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

Contains machine translated content. Show the original content

  • 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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