Fortführung eines Gewerbebetriebs durch Stellvertreter Genehmigung
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Following a trade ban, the competent authority may, upon request, authorise the continuation of the business by a deputy person who ensures the proper management of the business. The permit must be applied for.
- legally binding trade prohibition or
- Prohibition of trade with order of immediate enforcement
- the required personal reliability of the deputy, and
- the conditions prescribed for the activity in question
Fees are charged in accordance with Appendix 1 to Section 1 (1) of the General Schedule of Fees of the State of Lower Saxony (AllGO) in accordance with No. 40.1.19.4.
There are no deadlines to be observed. However, the authorisation must be obtained before the deputy can be taken up. It is therefore advisable to submit the necessary application as early as possible.
Prior to authorisation, special supervisory authorities may be consulted for the activity, as well as the Chamber of Commerce and Industry or the Chamber of Crafts and, in the case of a trade prohibition against a cooperative, the auditing association to which the cooperative belongs. If the competent authority and the authority that ordered the prohibition are not identical, the prohibition authority should also be consulted in advance.
Following a trade ban, the business can be continued upon request by a representative who ensures proper management.
The responsibility lies with the county, the independent city, the large independent city and the independent municipality in whose district the activity is to be carried out.
This procedure can also be carried out through a "Point of Single Contact". The "Point of Single Contact" is a special service offered by the municipalities and the state for service providers.
The Trade Code does not prescribe how the application is to be submitted. For reasons of legal certainty, however, it is advisable to submit the application in writing and signed.