Re-enter business

The competent authority had prohibited you from doing your business because of unreliability. However, you now want to resume your commercial activity. At the end of one year, for special reasons, the authority may allow you to resume your business on request. The condition is that you can prove to the competent authority that the reasons that led to the prohibition of your business activities are no longer available. The competent authority must also be able to forecast that you will be able to conduct your business properly in the future, based on your intermittent behaviour. As a rule, the re-admission 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 unreliability have disappeared by changing the way of life towards the Authority. For overriding reasons, such as economic or structural policy, the exercise of the trade can exceptionally be re-authorized earlier. This is the case, for example, in the event that the resumption of business creates additional jobs, or if creditors of your company are allowed to reduce their debts by generating debt repayment income in your company. The removal of the circumstances which justify the unreliability alone is not sufficient to shorten the period of the year.

informal written or electronic application for the right of the trade you wish to re-enter, with further details Information on the place of the intended commercial activity Proof of how you have made a living since the business ban and whether you have worked as an employee Application for a certificate of leadership for submission to an authority (LeikaKey: 99049001001000) Application for a central business register for submission to an authority (Leika Key: 99052002109000) Extract from the debtor register and certificate of the insolvency court (available from the competent office or insolvency court) Current certificates: business tax, tax offices and social security institutions Special features for arrears: If you had arrears at the time of the previous business ban, you must present up-to-date certificates of business tax, tax offices and social security institutions. These certificates must contain information on: the amount of any remaining arrears, separated by head and ancillary claim the period from which the eventual principal claim originates repayment agreements concluded after the trade prohibition, the date of completion, regulations and compliance with the the implementation of compulsory recovery measures, the nature and success of which Special features in the event of a change of residence: If you have moved after the business prohibition at that time, the certificates from the debtor register of the insolvency court, the tax office and the business tax office are required by both the current and the competent authorities at the time of the business ban.


Written form required: no Online procedure possible: yes Personal appearance required: no. However, it is advisable to appear in person.

Preconditions
The reasons that led to the prohibition no longer existed. They will be able to restore the reliability of trade law in the future.
Submit an informal application for re-financing of the commercial activity and the necessary documents to the competent authority. The competent authority shall check whether you can be re-authorized to carry out your business on the basis of your evidence and shall make a forecast decision regarding the future proper exercise of your business. If the prerequisites are met, you will receive the administrative decision for reauthorization.

Responsible for the content
Ministry of Economy, Innovation, Digitization and Energy NRW

Last update or date of publication
25.03.2021