Gewerbe anmelden

• § 14 Gewerbeordnung (GewO) – Anzeigepflicht
• § 15 GewO – Empfangsbescheinigung
• § 55c GewO – Anzeigepflicht bei Reisegewerbe
• Gewerbeanzeigeverordnung (GewAnzV)
• Sächsisches Kostenverzeichnis (SächsKVZ) – Nr. 46 Gewerberecht

Registration of a business according to § 14 or 55c Gewerbeordnung (GewO)

If you wish to start up a business, you must notify the relevant office. The same applies to the operation of a branch or a branch office that is not independent.

If you operate the installation of vending machines of any kind as an independent business, you must file the notification by the competent authority of your main place of business.

Tip: Seek advice from your tax advisor before registering your business.

Any activity that is aimed at making a profit and is intended to be permanent counts as a business. It does not matter whether a profit is actually made. Furthermore, the activity must be carried out in one's own name and for one's own account.

In particular, following activities are not considered to be business

• socially unvaluable activities (such as clairvoyance),
• freelance professions (for example, doctor, lawyer, tax consultant) and other activities that require a university or technical college degree,
• primary production (such as agriculture and forestry),
• scientific management consulting, or
• the management of own property.

The data collected may only be processed for the purpose of supervision the exercise of the business and for statistical surveys. The name, business address and reported activity of businessperson may be made generally available.

Attention! Some business activities require a permit, others are subject to supervision. Special conditions apply to them. Find out in good time what personal, financial and professional requirements you must fulfil in order to be able to operate in these business. If permit is required for your business that you do not have, the competent authority may prohibit you continuation of operating.

Cross-border provision of services

If you provide services on a self-employed commercial basis from a branch in another EU/EEA member state temporarily in Germany, a trade licence in accordance with § 14 or 55c GewO is not required unless you are carrying out commercial activities that are excluded from the scope of the EU Services Directive. The competent trade authority will advise you about this on a case-by-case basis.

Who must initiate the notification?

• in the case of sole traders: the trader himself or herself
• in the case of partnerships (e.g. OHG, BGB-Gesellschaft): the managing partners
• in the case of corporations (e.g. GmbH, AG): the legal representative

Single Point of Contact (Einheitlicher Ansprechpartner)

For this procedure, you can use the services of the Single Point of Contact. They will guide you through the administrative procedure, take care of correspondence with all the offices responsible for your request and will be available to you as a competent advisor.

• You want to run a business.
  Traders are natural or legal persons (public limited company, limited liability company, registered co-operative or registered association, partnership limited by shares).
  Notification is required for:
  
  • Sole traders: the sole trader,
  • Partnerships (e.g. OHG, GbR): the partners authorised to manage the business,
  • KG: each personally liable partner, the limited partners of a KG only if they have management authorisation
  • Corporations (e.g. GmbH, AG): the legal representatives (managing director, board of directors))
• The business registration must be made at the same time as the start of operations.
  The obligation to register only applies if the business is a commercial activity.

Certificate of receipt in connection with the business registration: EUR 22,00 to 112,00

You can register your business in person, in writing or electronically.

You can obtain the mandatory form "Gewerbe-Anmeldung" (GewA 1) from the relevant office. Depending on what the authority offers, you can also access the form via Amt24 (see -> Online application and forms).

Personal registration

• Fill out the form and present yourself with the required documents at the competent office.
• If all the documents are complete and you pay the due fees right away, you will receive a receipt ("Gewerbeschein").

Note: You can also fill out the form on site in case of any questions, responsible personnel will be at your disposal.

Written registration

• Fill out the form, sign it and send it with the required documents to the competent office.
• If all documents are complete, you will receive a receipt ("Gewerbeschein") and the fee notice usually within three days by mail.
• If applicable, you will receive the fee notice first and must provide proof of payment before you will be issued the receipt.

Electronic registration

• If the "Business Registration" form (GewA 1) is sent electronically, the signature field provided in box 33 is omitted.
• The competent authority requests the necessary documents and may use procedures to establish the identity of the person making the declaration, such as the PIN/TAN procedure, electronic proof of identity in accordance with Section 18 of the German Identity Card Act, De-Mail in accordance with Section 5 of the German De-Mail Act, written assurance of identity or sending a copy of the identity card or passport.

Forwarding to other authorities

The competent authority may forward data from your trade notification to the following authorities on a regular basis:

• Authorities of the customs administration
• Federal Employment Agency
• German statutory accident insurance
• Tax office
• Registry court
• State authority for technical and social occupational health and safety
• State Statistical Office
• Employer's Liability Insurance Association
• Chamber of Crafts (HWK)
• Chamber of Industry and Commerce (IHK)
• Immigration office
• Food and veterinary office
• Saxon State Office for Metrology and Verification
• Environmental Agency

Trade registration: immediately with the start of the commercial activity.

Attention! In case of late registration you have to expect a fine.

none

non applicable