Überwachungsbedürftiges Gewerbe - Zuverlässigkeit nachweisen

§ 38 Gewerbeordnung (GewO) (Überwachungsbedürftige Gewerbe)

Alongside the trades requiring a license, there are other trades that require inspection according to § 38 of the Trade, Commerce and Industry Regulation Act.

This includes the purchase and sale of

• high quality consumer goods, in particular consumer electronics, computers, optical products, cameras, video cameras, carpets, fur and leather clothing,
• motor vehicles and bicycles,
• precious metals and precious metal alloys and also goods made of precious metals or precious metal alloys,
• precious stones, pearls and jewellery,
• scrap metal

by companies specialised in trading with second hand goods.

The following also require inspection

• providing information on financial circumstances and personal matters (credit agencies, detective agencies),
• arranging marriage ceremonies, partnerships and acquaintances,
• running travel agencies and arranging accommodation facilities,
• the sale and installation of building security measures including lock and key services,
• manufacturing and selling special theft-related opening tools.

Note: A leaflet of the Chamber of Commerce and Industry in Baden-Württemberg gives detailed information on the special requirements and the department responsible for issuing licenses for trades requiring licenses and the additional inspections for trades requiring inspection. The Chambers of Crafts and Trades of Baden Württemberg offer advice, information and leaflets on crafts and trades.

• copy of the identity card or comparable identity documents
• for proof of the corporate legal form
  • If the location of your company is in Germany, you will need:
    • for registered companies: an excerpt of the Commercial Register (Handelsregisterauszug) and if applicable a copy of the shareholders agreement (e.g. for a company constituted under civil law, (GbR)).
  • If your company is located abroad, you will need documents from the country where it is located which prove its legal form.
• for proof of personal reliability
  • If your place of residence is in Germany, you will normally need:
    • Certificate of Good Conduct (Führungszeugnis)
    • Excerpt from the Central Trade Register (Auszug aus dem Gewerbezentralregister)
  • If your place of residence is abroad, you will need documents from your native country, which prove that you have the personal reliability to provide the requested service.

When checking the personal reliability, in individual cases the authorising authority could request alongside the documents listed additional documents, which are appropriate to make a statement about your personal reliability as applicant.

In the case of legal entities (GmbH, corporate companies, AG, registered cooperatives) the application form only has to be completed by the legal entity itself. All personal documents have to be submitted for all natural persons authorised to manage the company (e.g. certificate of good conduct, personal documents). In addition, an excerpt from the Central Trade Register has to be applied for in the case of legal entities.

In the case of partnerships, which as such are not capable of holding a licence (GbR, KG, OHG, PartG, GmbH & Co. KG), each of the managing partners requires the licence. I.e. an application form and all personal documents are required for each person.

proven reliability of the applicant

The amount charged is based on the local regulations governing the fees.

After having registered your business or the change in address of your business, the relevant authority checks your reliability.

For this purpose, you have to present the documents, which prove your personal reliability, without delay.

Note: If you do not fulfil these obligations then the authority will obtain this information ex officio.