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, the notification must be submitted to the competent authority of the main establishment (§ 14 Para. 3 GewO).
The start of operation of a branch office or dependent branch office and the relocation of the business must also be reported (§ 14 Para. 1 S. 2 GewO). If you relocate the operation of your business to another municipality, you must register your business at the new location. The competent authority will transfer the data from the business registration to the authority at the previous location. In addition, the trader no longer needs to deregister at the previous location.
A trade is any self-employed activity that is not socially inferior, 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:
- Purchase and sale of
a) high-quality 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, provided they do not fall under letter c,
by companies specializing in the trade in second-hand goods; - provision of information on financial circumstances and personal matters (credit agencies, detective agencies);
- arranging marriages, partnerships and acquaintances;
- Operation of travel agencies and brokerage of accommodation;
- Distribution and installation of building security equipment including locksmith services; and
- 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 good conduct (official certificate of good conduct or good character or an extract from the criminal record of their 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. On the other hand, some activities that do not require a travel trade license (e.g. sale of printed works in public places, sale of food from non-stationary points of sale) must be notified (Section 55c GewO).