Continuation of a commercial enterprise by proxy approval

Following a trade ban, the competent authority may, upon request, authorise the continuation of the business by a deputy person who ensures the proper management of the business. Approval is subject to application.

  • If applicable , identity card or passport

The Industrial Code does not prescribe how the application is to be submitted. For reasons of legal certainty, however, it is advisable to submit the application in writing and signed.

Preconditions

  • legally binding trade prohibition or
  • Commercial prohibition with order of immediate enforcement
  • the required personal reliability of the deputy person, and
  • the conditions prescribed for the activity in question

Hints

Prior to approval, special supervisory authorities for the activity, as well as the Chamber of Industry and Commerce or chamber of crafts and, in the case of a trade ban against a cooperative, the audit association to which it belongs must be consulted. If the competent body and the authority that ordered the prohibition are not identical, the prohibition authority should also be consulted in advance.

Related Links

  • § 35 paragraph 2 Gewerbeordnung (GewO)
  • § 45 Industrial Code (GewO)

Responsible for the content
Lower Saxony Ministry of Economic Affairs, Labour and Transport

Last update or date of publication
13.09.2018