Gewerbe-Untersagung, Wiedergestattung beantragen

• § 35 Abs. 1 Gewerbeordnung (GewO) – Gewerbeuntersagung wegen Unzuverlässigkeit
• § 35 Abs. 6 Gewerbeordnung (GewO) – Wiedergestattung
• Sächsisches Kostenverzeichnis (SächsKVZ) – Nr. 46 Gewerberecht

Application for re-authorisation to exercise a trade in accordance with Section 35 (6) of the Trade Regulation Act (GewO)

If you have been banned from exercising one, several or all trades independently in accordance with Section 35 (1) of the Trade Regulation Act (GewO) due to unreliability, you can apply for re-authorisation after a certain period of time.

The Trade Licensing Office will examine your application to determine whether you are authorised to pursue the trade again. The basic prerequisite for this is that the reasons that led to the prohibition have ceased to exist and that you can guarantee your reliability under trade law again in future.

• informal written or electronic application for authorisation to carry on the trade that is to be resumed, including further details
  • how you have made a living since the trade was banned and whether you have worked as an employee
  • if possible, the location of the intended business activity
• Certificate of good conduct
  In the case of legal entities, the certificate of good conduct for the managing director(s) must be applied for. You can apply for the certificate of good conduct of "document type 0" at the municipality of your place of residence, stating the purpose "Re-authorisation § 35 para. 6 GewO".
• Extract from the central trade register
• Extract from the debtor register and certificate from the insolvency court
  (available from the relevant local or insolvency court)

The facts that led to the trade licence being revoked have ceased to exist. This means that the circumstances justify the assumption that reliability has been restored.

EUR 28.00 to EUR 674.00

Submit an informal application and the necessary documents to the responsible office.

• Application: at the earliest one year after prohibition (from the date of non-appealability); earlier application is possible in exceptional cases for special reasons
• Documents: not older than six months

If you have moved after your business was prohibited at the time, then the certificates from the debtor register of the insolvency court, the tax office and the trade tax office are required both from the current authorities and from the authorities responsible at the time the business was prohibited.

Objection, Administrative appeal