Register a business

A business registration is always necessary when you start a standing business. This is the case for

• New establishment of a business,
• Establishment of a new branch office,
• New establishment of a dependent branch,
• Takeover of an existing business, e.g. by purchase or lease,
• Conversion of a sole proprietorship into another legal form,
• Relocation of a business from the area of one authority to the area of another authority (is considered a discontinuation by one authority and a new establishment by the other authority).

The business registration must be made at the same time as the start of operations.

• The obligation to notify only applies if the activity is a commercial activity. The activities listed in Section 6 (1) sentence 1 GewO are exempt from the obligation to notify.
  Excluded are, among others
• Primary production (livestock farming, agriculture, hunting, forestry and fishing)
• Liberal professions (including lawyers, notaries, tax consultants, auditors, doctors, scientific, artistic and literary activities)
• Raising children for a fee
• Education

The purpose of registering a trade is to enable the competent authority to monitor the exercise of the trade and to carry out statistical surveys.

• § 14 Trade Regulations (GewO)
• § Section 15 of the Trade Regulation Act (GewO)
• § 11 Trade Regulations (GewO)
• Trade Notification Ordinance (GewAnzV)

• Completed business registration form
• Proof of identity (e.g. identity card or passport)
• In the case of electronic business registration, other means of identification are also possible (e.g. electronic ID card, De-Mail, PIN/TAN procedure).
• Notarized articles of association or extract from the commercial register, consent of the shareholders (in the case of legal entities or partnerships)
• Declaration of consent Shareholder
• Supplement authorized representatives

You want to run a business. Traders are natural or legal persons (public limited company, limited liability company, registered cooperative or registered association, partnership limited by shares). The following are subject to notification:

• Individual trades of the individual trader,
• partnerships (e.g. OHG, GbR) the partners authorized to manage the company,
• KG each personally liable partner, the limited partners of a KG only if they have management authority
• corporations (e.g. GmbH, AG) the legal representative

You must register the start of a permanent business with the competent authority. The same applies to the operation of a branch office or a dependent branch.

Some commercial activities require a permit. Others are subject to supervision. Additional requirements apply to them.

Find out at an early stage what personal, financial and professional requirements you need to fulfill in order to be able to work in these sectors.

You can register your business in person, in writing or electronically. Please use the business registration form (GewA 1).

If you are a trader and are not registering the business yourself, but as a managing partner or legal representative, you will need a written power of attorney.

If you register your business in writing or electronically, you will receive confirmation of your business registration (the so-called trade license) within 3 days, provided you have completed the registration form completely and correctly. If you come in person, you will receive the confirmation directly when you register.

The responsible office forwards the business registration to other offices such as the tax office, the Chamber of Crafts or the Chamber of Industry and Commerce, the registration court and the employers' liability insurance association.

If an additional permit is required for your business (e.g. security business, operation of a restaurant) and this is not available, the competent authority may prohibit the continuation of the business.

The procedure can be handled by a single point of contact.

If you change your legal form, you must submit both a business deregistration (to cease operating under the old legal form) and a business registration (to start operating under the new legal form).

What is a trade:

A trade is any activity that is not socially unworthy, is intended to make a profit, is intended to be permanent and is carried out independently in its own name and for its own account. It does not matter whether a profit is actually made.

In particular, activities that are not socially valuable (e.g. clairvoyance), liberal professions (such as doctors, lawyers or tax consultants) or other activities that require a university degree are not considered a trade. Primary production (e.g. agriculture and forestry), scientific management consultancy or the management of one's own assets (e.g. an apartment building) as well as generally prohibited or socially unworthy activities (e.g. illegal gambling) are also not a trade.

• Business registration - Notes.pdf

Costs and fees for business registrations and re-registrations

26.00 € for a business registration or business re-registration of a natural person

33.00 € for legal entities (e.g. GbR, GmbH)

13.00 € for each additional legal representative in the case of legal entities

15.00 € for the issue of a duplicate (replacement)

Note:

Warning about chargeable online forms

Time and again, we receive business registrations that have been completed via online portals of private companies. The forms with completion assistant are subject to a fee. However, the costs charged by such online portals do not include the fee for a business registration. This must also be paid at the relevant trade office in the city.

• Supplement to the business registration
• Business registration