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Handwerksrolle Eintragung von Personen mit einer Ausnahmebewilligung nach § 9 Abs. 1 HwO

Hessen 99058007060013, 99058007060013 Typ 3

Inhalt

Leistungsschlüssel

99058007060013, 99058007060013

Leistungsbezeichnung

Registration of persons with an exemption permit in accordance with Section 9 (1) HwO

Leistungsbezeichnung II

nicht vorhanden

Leistungstypisierung

Typ 3

Begriffe im Kontext

nicht vorhanden

Leistungstyp

Leistungsobjekt mit Verrichtung und Detail

Leistungsgruppierung

Handwerk (058)

Verrichtungskennung

Eintragung (060)

Verrichtungsdetail

of persons with an exemption permit in accordance with § 9 Para. 1 HwO

SDG Informationsbereiche

  • Erlangung von Lizenzen, Genehmigungen oder Zulassungen im Hinblick auf die Gründung und Führung eines Unternehmens

Lagen Portalverbund

  • Erlaubnisse und Genehmigungen (2010400)
  • Eintragung in Register (2020100)

Einheitlicher Ansprechpartner

Nein

Fachlich freigegeben am

06.10.2023

Fachlich freigegeben durch

Hessian Ministry of Economics, Energy, Transport and Housing

Teaser

Citizens of the EU, the EEA or Switzerland can have their professional qualification acquired in their country of origin recognized in order to be entered in the register of craftsmen for the purpose of practising a craft requiring a license.

Volltext

You must be registered in the Register of Craftsmen if you wish to work independently in a craft requiring a license in Germany.

This also applies if

  • you wish to carry out a significant part of a craft requiring a license on a self-employed basis.
  • you want to carry out several trades requiring a license on a self-employed basis. In this case, you need to be entered in the register of craftsmen for each craft requiring a license.

Registration in the Register of Craftsmen is possible for

  • natural or legal persons and
  • partnerships with legal capacity.

In addition to the business, the management of the business is also entered in the register. The management of a skilled crafts business must meet the professional requirements (proof of qualification) for practising the skilled crafts requiring a license. Both the owner or proprietor of a skilled crafts business and employed persons are eligible as management. Proof of qualification can be provided in the form of a master craftsman's certificate for the respective trade or an equivalent domestic or foreign professional qualification. If you are a citizen of an EU/EEA country or Switzerland and would like to work independently in a craft requiring a license in the Federal Republic of Germany, you have the option of having your professional qualifications acquired in your home country recognized as part of an exemption permit. In principle, recognition of both practical professional experience and formal professional qualifications (training certificates) is possible for most trades requiring a license. On this basis, an entry can be made in the register of craftsmen.

Erforderliche Unterlagen

Sole proprietorship:

  • Copy of identity card or comparable identification document
  • Presentation of the notification of the granting of an exemption permit
  • Copy of the business registration (can be submitted after entry in the register of craftsmen)

Companies under civil law (GbR):
Copies of the identity cards or comparable identification documents of the partners or authorized representatives

  • Copy of the articles of association (if not concluded informally)
  • Presentation of the notification of the granting of an exemption permit
  • Copy of the business registration (can be submitted subsequently after entry in the register of craftsmen)

Commercial partnerships with legal capacity - general partnership (OHG), limited partnership (KG) and corresponding foreign company forms:

  • Copies of the identity cards or comparable identification documents of the shareholders or persons authorized to represent the company
  • for proof of the company's legal form if the company is based in Germany:
    • for companies entered in the commercial register: extract from the register, for OHGs additionally a copy of the articles of association
    • if no entry has been made in the register: copy of the articles of association

for foreign legal forms:

  • Extract from the relevant foreign register for companies entered in registers, otherwise - copy of the articles of association
  • Presentation of the notification of the granting of an exemption permit
  • Copy of the business registration (can be submitted after entry in the register of craftsmen)
  • Legal entities - limited liability company (GmbH), limited liability entrepreneurial company (UG), public limited company (AG), registered cooperative (eG):
  • Copies of the identity cards or comparable identification documents of the persons authorized to represent the company
  • for proof of the company's legal form:
  • for companies based in Germany: extract from the commercial or cooperative register
  • for foreign legal forms: Extract from the relevant foreign register
  • Copy of the business registration (can be submitted subsequently after entry in the register of craftsmen)
  • Details of the company management

If a manager is employed, the following documents must also be submitted:

  • Manager's declaration
  • Proof of management activity (copy of employment contract)
  • Proof of social insurance for the management
  • Submission of the decision on the granting of an exemption permit

Voraussetzungen

Recognition of professional experience

  • When recognizing professional experience, proof must be provided that at least essential activities of the trade have been carried out over certain periods of time. For example, at least six years of uninterrupted full-time work as a self-employed person or self-employed person or company manager within the last 10 years may be sufficient.
  • Professional experience cannot be recognized in the healthcare trades. This includes the following professions:
    • Opticians and optometrists,
    • Hearing aid acousticians
    • Orthopaedic technicians and orthopaedic technicians
    • Orthopaedic shoemakers and orthopaedic shoemakers
    • Dental technicians

Recognition of formal professional qualifications

  • Recognition of formal professional qualifications documented by training certificates or certificates of competence is possible for all skilled trades requiring a license.
  • The prerequisite is the acquisition of a corresponding qualification in an EU/EEA member state or Switzerland.
  • In detail, the recognition regulations differentiate according to whether the profession or at least the training in the country of origin is also regulated or not.
  • If the training content differs from that of the domestic reference qualification (master craftsman's certificate) or if the profession in the country of origin does not include essential activities that are the subject of the profession in Germany, participation in an adaptation period or taking an aptitude test may be considered.

Note: Alternatively, professional qualifications can also be recognized on the basis of an equivalence assessment. This procedure applies regardless of nationality and for all professional qualifications, regardless of where they were acquired.

Kosten

The specific fee can be found in the Chamber of Crafts' schedule of fees, which is available on the Chamber's website.

Verfahrensablauf

nicht vorhanden

Bearbeitungsdauer

Duration: 0-3 months

Note for further information on processing time:

  • The competent authority must confirm receipt of the documents within one month and inform you whether any documents are missing.
  • A decision on the application must be made no later than 3 months after submission of the complete documents. This period may be extended by one month if this is justified in individual cases, in particular due to the scope or the factual or legal difficulties of the case.
  • It may then be necessary to take part in an adaptation period or pass an aptitude test.

Frist

You can only practice a craft requiring a license if you are entered in the register of craftsmen. As an exemption procedure is much more complex than the actual entry in the register of craftsmen, the application should be submitted in good time.

Hinweise

There are no indications or special features.

Rechtsbehelf

nicht vorhanden

Kurztext

  • Register of craftsmen Registration of persons with an exemption permit in accordance with Section 9 (1) HwO
  • there is a legal obligation to be entered in the Register of Craftsmen in order to exercise a craft requiring a license
  • Entry in the Register of Craftsmen is possible for
  • natural persons or legal entities
  • and partnerships with legal capacity
  • In addition to the business, the management of the business is also entered in the register. Both the owner or proprietor of a skilled crafts business and employed persons are eligible as management.
  • The management of a skilled crafts business must meet the professional requirements (proof of qualification) for practising the skilled crafts requiring a license.
  • EU, EEA and Swiss nationals can have their professional qualifications acquired in their home country recognized. In general, foreign training and qualification certificates are recognized. Alternatively, recognition of professional experience can be considered for many professions.
  • Application form to download from the website of the relevant Chamber of Skilled Crafts or online application via administrative portals
  • Fees are based on the fee schedule of the respective Chamber of Skilled Crafts, which can be viewed on the Chamber's website
  • Responsible: Chamber of Skilled Crafts in whose district the commercial establishment is located

Ansprechpunkt

nicht vorhanden

Zuständige Stelle

The Chamber of Skilled Crafts in whose district the main commercial establishment is located is responsible.

Formulare

nicht vorhanden