Registering trades

A business registration is always necessary when you start a standing business. This is the case with Re-establishment of an operation, New establishment of a branch, New establishment of an independent branch, Takeover of an existing business, e.B. by purchase or lease, Conversion of a sole proprietor's business into another legal form, Relocation of an establishment from one authority to another authority (applies to one authority as a task, to the other authority as a new agency). The trade declaration must be made at the same time as the start of the operation. The obligation to notify is only in the case of a commercial activity. Excluded from the obligation to notify are the activities referred to in section 6 paragraph 1 sentence 1 GewO. Excluded include: - primary production (cattle breeding, arable farming, hunting, forestry and fisheries) - Professionals (including lawyers, notaries, tax consultants, accountants, doctors, scientific, artistic and literary activities) - Education of children for remuneration - Education The purpose of the notification of a trade is to enable the competent authority to monitor the exercise of the trade and to carry out statistical surveys.

Completed form for business registration Proof of identity (e.B.: identity card or passport ) in the case of electronic business registration, other identification options are also possible (e.g. electronic identity card, de-mail, PIN/TAN procedure). notarised company contract or commercial register extract, consent of shareholders (in the case of legal entities or partnerships) Declaration of consent Shareholders Beiblatt Persons entitled to represent


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Preconditions
They want to run a business. Traders are natural or legal persons (share company, limited liability company, registered cooperative or registered association, limited partnership on shares). Notify are: individual trades of individual traders, partnerships (e.B. OHG, GbR) the directors, KG of any personally liable partner, the limited partners of a KG only if they have the power to conduct the management corporations (e.B. GmbH, AG) the legal representative
Section 14 Trade Code (GewO) Section 15 Trade Code (GewO) Section 11 Trade Code (GewO) Trade Advertisement Ordinance (GewAnzV)

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In the event of a change in legal form, you must submit both a business deregistration (for the business abandonment under the old legal form) and a trade declaration (for the commencement of operations under the new legal form). What is a trade: Trade is any non-socially unvalued, profit-making and long-term activity carried out independently in its own name and on its own account. It does not matter whether a profit is actually made. In particular, no trade is a socially unworthy activity (e.B. clairvoyant), liberal professions (such as doctors, lawyers or tax consultants) or other activities which require university studies. No trade is also the original production (e.B. agriculture and forestry), the scientific management consultancy or the management of own assets (e.B. a tenement house) as well as generally prohibited or socially invaluable activities (e.B illegal gambling).

You must register the start of a standing trade with the competent authority. The same applies to the operation of a branch or an independent branch. Some commercial activities are subject to authorisation. Others are subject to surveillance. They are subject to additional requirements. Find out at an early stage which personal, financial and professional requirements you have to meet in order to be able to work in these business areas. You can register for the trade in person, in writing or electronically. To do this, use the Commercial Registration form (GewA 1) . As a trader, if you do not register the trade yourself, but as a managing partner or as a legal representative, you will need a written authorisation. In case of a written or electronic trade registration, you will receive the confirmation of your business registration (the so-called "commercial certificate") within 3 days, provided that you have completed the registration form completely and correctly. If you speak in person, you will receive the confirmation directly at the time of registration. The competent body forwards the trade registration to other bodies such as the Tax Office, the Chamber of Crafts or the Chamber of Commerce and Industry, the Register Court and the Professional Association. If your trade also requires a permit (e.B. guarding) and is not available, the competent authority may prohibit the continuation of the operation. The procedure can be handled through a single point of contact.