Wiedergestattung eines Gewerbes nach Untersagung beantragen

Have you been banned from exercising your trade due to unreliability? Then, as a rule, you can apply for the re-authorization of your commercial activity under certain conditions after one year.

As a rule, you can only apply for re-licensing of your trade after 1 year. This period is prescribed by law. It gives you the opportunity to show the authorities that the reasons for your unreliability have ceased to exist by changing your way of life.

For overriding reasons - such as economic or structural policy reasons - you may be permitted to carry out your trade again earlier in exceptional cases. This applies, for example, in the event that the resumption of the trade

• creates additional jobs or
• enables creditors of your business to reduce their debts.

The mere cessation of the circumstances justifying unreliability is not sufficient to shorten the one-year period.
Note:
If you resume your activity after being re-authorized, you must at least submit a business registration to the competent authority at the same time. The resumption is to be assessed as a new start of the trade.

If you have previously had a permit revoked due to unreliability, which is legally required for the exercise of the trade, you must apply for a new permit before resuming your commercial activity requiring a permit. The same applies if a new permit requirement has been introduced in the meantime.

• Details of the intended activity
• Details of the location of the intended business activity
• Proof of how you have made a living since your business was banned and whether you have worked as an employee
• Certificate of good conduct
• Extract from the central trade register
• Extract from the debtor register and certificate from the insolvency court (available from the competent local or insolvency court)
• Current certificates: from the trade tax, tax offices and social insurance agencies

Special features in the event of payment arrears:

If you had payment arrears at the time of the previous business prohibition, you must submit current certificates from the trade tax, tax offices and social security institutions. These certificates must contain information about

• the amount of any outstanding arrears, broken down into principal and ancillary claims
• the period from which the possible main claim originates
• any repayment agreements made after the trade ban, their date of conclusion, regulations and compliance
• the implementation of compulsory collection measures, their nature and success

special features in the event of a change of residence:
If you have moved after your business was prohibited, you will need certificates from the debtor register of the insolvency court, the tax office and the trade tax office from both the current authorities and those responsible at the time the business was prohibited.

The reasons that led to the prohibition no longer exist.
Based on your conduct in the meantime, the competent authority must also be able to predict that you will exercise your trade properly in the future.

The exact amount of the fee depends on the administrative costs. The framework fee is EUR 167.00 - 696.00.

Submit an informal written or electronic (e.g. by email) application to the competent authority for re-authorization to carry out commercial activities and the necessary documents.
The competent authority will check whether you can be permitted to carry out your commercial activity again on the basis of your supporting documents. To this end, it will make a prognosis decision with regard to the future proper exercise of your trade.
If the requirements are met, you will receive a positive decision.

• Application: at the earliest 1 year after prohibition, in exceptional cases also possible earlier

• Objection
• Administrative court action

• Trade re-licensing
• One year after the implementation of a trade ban (prohibition of occupation), the trader can apply for the re-licensing of the trade.
• In exceptional cases, applications can be submitted earlier (for overriding economic or structural policy reasons: e.g. contribution to reducing unemployment by creating jobs in the trader's business; creditor's interests: debt reduction, etc.).
• Prerequisite:
  • Proof that the reasons that led to the trade being prohibited no longer exist and
  • Positive prognosis regarding the future proper exercise of the trade.
• Trade can also be partially permitted again (if reliability is restored in relation to parts of the prohibited activity)
• Resumption of commercial activity requires trade notification (new start of the trade)
• If necessary, a permit must be applied for (e.g. if a permit requirement has been introduced in the meantime or if the permit was revoked before resumption).
• Responsible: depending on the federal state, local trade or public order office

The contact person is the trade licensing office of the independent city, the large city belonging to the district, the office or the independent municipality in which the activity is to take place.

Responsibility is determined by the respective state law.

In Mecklenburg-Vorpommern, the trade licensing office of the independent town, the large town belonging to a district, the office or the independent municipality in which the activity is to take place is responsible for processing the application.

• Forms: no
• Written form required: no
• Online procedure possible: yes (if offered)
• Personal appearance required: no