Business notification; business registration

Before starting an independent commercial activity, it is generally only necessary to notify the competent Chamber of Industry and Commerce or Chamber of Crafts or the municipality in which the activity is carried out (Section 14 (1) sentence 1 of the Trade, Commerce and Industry Regulation Act - GewO). In the case of the installation of vending machines of any kind as an independent trade, the notification must be submitted to the competent authority of the main establishment (§ 14 Para. 3 GewO).

The commencement of the operation of a branch office or dependent branch office, as well as the relocation of the business (§ 14 para. 1 sentence 2 GewO) must also be notified. If you relocate the operation of your business to another municipality, you must register your business at the new location. The competent authority will transfer the data from the business registration to the authority at the previous location. In addition, it is no longer necessary for the trader to deregister at the previous location.

A trade is any self-employed activity that is not socially inferior, aimed at making a profit and intended to be permanent, with the exception of primary production (e.g. agriculture), liberal professions (free scientific, artistic and literary activities of a higher nature as well as personal services that require higher education) and the mere administration and use of one's own assets.

Every natural person (e.g. also partners in partnerships) or legal entity that starts a business (main establishment) and the start of operation of a branch or dependent branch office is subject to notification.

In the case of trades requiring a permit (e.g. real estate agents, catering trade) and craft activities, a permit or entry in the register of craftsmen is also required in addition to the business registration.

Although certain trades do not require a permit, they are subject to special official supervision (so-called trades requiring supervision in accordance with Section 38 GewO). The following trades are affected:

1. Purchase and sale of
   a) high-quality consumer goods, in particular consumer electronics, computers, optical products, cameras, video cameras, carpets, fur and leather clothing;
   b) motor vehicles and bicycles;
   c) precious metals and alloys containing precious metals as well as goods made of precious metals or alloys containing precious metals;
   d) precious stones, pearls and jewelry; or
   e) scrap metals, provided they do not fall under letter c,
   by companies specializing in the trade in second-hand goods;
2. Provision of information on financial circumstances and personal matters (credit agencies, detective agencies);
3. Arrangement of marriages, partnerships and acquaintances;
4. Operation of travel agencies and accommodation brokerage;
5. the sale and installation of building security systems, including key services; and
6. Manufacture and distribution of special theft-related opening tools.

When registering a business that requires supervision, the business owner’s reliability is verified immediately. The applicant is therefore required to request a certificate of good conduct (§ 30(5) of the Federal Central Register Act) and an extract from the Central Trade Register (§ 150(5) of the Trade Regulation Act) for submission to the authorities.
A foreign applicant is required to provide comparable proof of good character (an official certificate of good conduct or character, an extract from the criminal record of their home country, or an equivalent document). If, based on the foreign national’s previous residence, it can be assumed that the aforementioned certificates and evidence no longer contain—or do not yet contain—facts relevant under commercial law, the requirement to submit the foreign or German certificates may be waived.

Travel trade activities for which a travel trade license is required are not subject to notification. On the other hand, some activities that do not require a travel trade license (e.g. sale of printed works in public places, sale of food from non-fixed points of sale) must be notified (Section 55c GewO).

• Age of majority or approval of the guardianship court
• for non-EU citizens: residence permit allowing the exercise of self-employed activity

The notification must be made before the start of the commercial activity.

• Business registration according to § 14 GewO or § 55c GewO
• Business notification with fill-in assistant

  The fill-in assistant will help you to complete the form. Once you have entered all the information, the completed form will be provided in PDF format.

EUR 25 to EUR 100 in accordance with the Schedule of Costs under the Costs Act (Tariff No. 5.III.5/2.)

• Annex to the Ordinance on the Enactment of the Schedule of Costs under the Costs Act (Kostenverzeichnis - KVz)
• § 14 of the Trade Regulation Act (GewO)

  Obligation to notify

• § Section 15 (1) of the Trade Regulation Act (GewO)

  Certificate of receipt, operation without authorization

• § Section 38 of the Trade Regulation Act (GewO)

  Trades requiring monitoring

• § Section 55c of the Trade Regulation Act (GewO)

• Trade law
• Tax information for start-ups on the website of the Bavarian State Tax Office

  Tax information and forms for business start-ups and other useful links

• Information in accordance with Section 17 of the Federal Statistics Act and notes

The business registration can be submitted in text form using the form provided to the municipality in which the activity is carried out or to the competent Chamber of Industry and Commerce or Chamber of Crafts. If a competent authority provides an online procedure, the business registration can be submitted electronically via this procedure.

Other authorities (e.g. tax office, Chamber of Trade or Chamber of Industry and Commerce) are also informed about the business registration.