Apply for a re-authorisation of a trade after prohibition
Have you been prohibited from practising your business because of unreliability? Then you can apply for the re-authorisation of your commercial activity after one year, exceptionally even earlier. You can find out more here.
The competent authority had prohibited you from carrying out your business due to unreliability. However, you now want to resume your commercial activity. After one year, in the case of special reasons already before, the authority can allow you to resume your business on request.
The prerequisite is that you can prove to the competent authority that the reasons that led to the prohibition of your trade no longer exist. The competent authority must also be able to predict that you will properly carry out your business in the future on the basis of your interim behaviour.
As a rule, the re-approval can only take place after one year. This period is considered appropriate in order to make it clear to the Authority that the reasons for the unreliability have ceased to exist through a change in the way of life. For overriding reasons for example, economic or structural policy the exercise of the trade can exceptionally be re-authorised earlier. This applies, for example, in the event that additional jobs are created by the resumption of the business, or creditors of your company are allowed to reduce debt by generating revenue for debt repayment in your company again. The mere omission of the circumstances giving rise to unreliability is not sufficient to shorten the one-year period.
- written or electronic application for permission of the business you wish to resume, with details
- Information on the place of the intended pursuit of the business
- Proof of how you have made a living since the trade ban and whether you have pursued an employee activity
- Application for a certificate of good conduct for submission to an authority (LeikaKey: 99049001001000)
- Application for an extract from the Central Trade Register for submission to an authority (Leika Key: 99052002109000)
- Extract from the debtor register and certificate from the insolvency court (available from the competent office or insolvency court)
- Current certificates: the trade tax offices, tax offices and social security institutions
Special features in case of payment arrears:
- If you had payment arrears at the time of the previous trade ban, then you must present current certificates from the trade tax offices, tax offices and social security institutions. Such certificates shall contain information on:
- the amount of any remaining arrears, separated by main and ancillary claim
- the period from which any principal claim originates
- repayment agreements made after the trade ban, their completion date, regulations and compliance
- the implementation of compulsory recovery measures, their nature and success
Special features when changing residence:
- If you have moved after the trade ban at that time, then the certificates from the debtor file of the insolvency court, the tax office and the trade tax office are required from both the current and the competent authorities at the time of the trade ban.
- Written form required: no
- Online procedure possible: yes
- Personal appearance necessary: no. However, it is advisable to appear in person.
The reasons that led to the prohibition are no longer available, and they will be able to guarantee reliability under trade law again in the future.
After the prohibition, a year should have passed regularly.
§ 35 Abs. 6 Gewerbeordnung (GewO)
Submit to the competent authority a written or electronic application for the re-authorisation of the commercial activity and the necessary documents.
The competent authority checks whether you can be re-authorised to carry out your business on the basis of your evidence and makes a prognosis decision with regard to the future proper exercise of your business.
If the requirements are met, you will receive the official decision on the re-approval.
Responsible for the content
Lower Saxony Ministry of Economic Affairs, Labour, Transport and Digitalisation
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