Service Finder
Applying for re-authorization of a trade after prohibition
Service Description
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 - for example, 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.
Process flow
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 evidence. To this end, it will make a prognosis decision regarding the future proper exercise of your trade.
If the requirements are met, you will receive a positive decision.
Competent authority
Responsibility is determined by the respective state law.
Requirements
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.
Which documents are required?
- 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.
What are the fees?
The costs are based on the respective administrative fee schedule of the state and the fee statutes of the authorities responsible under state law.
What deadlines do I have to pay attention to?
- Application: at the earliest 1 year after prohibition, in exceptional cases also possible earlier
Applications / forms
- Objection
- Administrative court action
Appeal
- Forms: no
- Written form required: no
- Online procedure possible: yes (if offered)
- Personal appearance required: no
Author
The text was automatically translated based on the German content.
Technically approved by
Federal Ministry for Economic Affairs and Energy
Professionally released on
30.11.2021
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
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