apply for restart of business after interdiction

Have you been banned from practising your trade due to unreliability? Then you can usually apply for the reinstatement of your commercial activity after 1 year under certain conditions.

As a rule, you can apply for the reinstatement of your trade only after 1 year. This period is prescribed by law. It gives you the opportunity to show the authorities that the reasons for unreliability have ceased to exist by changing your lifestyle.

For overriding reasons - for example, economic or structural policy reasons - you may exceptionally be allowed to exercise your trade again earlier. This applies, for example, in the event that the resumption of the trade

• creates additional jobs or
• enables creditors of your business to reduce their debts.

The mere cessation of the circumstances justifying unreliability is not sufficient to shorten the one-year period.
Notice:
If you resume the activity after the reinstatement, you must at least file a trade report with the competent authority at the same time. The resumption is to be considered as a new start of the trade.

If you have previously had a permit revoked due to unreliability, which is legally required for the exercise of the trade, you must reapply for a permit before resuming your commercial activity that requires a permit. The same applies if a new permit requirement has been introduced in the meantime.

The local competent authority depends on the type of trade and the planned location of the trade (if applicable).

In Hesse, the three regional councils (Gießen, Kassel, Darmstadt) are responsible for the re-authorization of a prohibited trade.

- Forms: no

- Written form required: no

- Online procedure possible: yes (if offered)

- Personal appearance required: no

The reasons that led to the prohibition no longer exist.
The competent authority must also be able to forecast that you will carry out your trade properly in future on the basis of your behaviour in the meantime.

• Opposition
• Administrative court action

Submit an informal written or electronic (e.g. by e-mail) application to the competent authority for reinstatement of your business activity and the required documents.
The competent authority will check whether you can be permitted to carry out your business activity again on the basis of your evidence. For this purpose, it makes a prognosis decision with regard to the future proper exercise of your trade.
If the requirements are met, you will receive a positive decision.

If the re-authorization is rejected, a fee of 75% of the calculated costs will be charged.

If an application is withdrawn, the fee may be up to 50% of the calculated costs.

The official act can be made dependent on the payment of an appropriate advance. In this case, you will receive a corresponding request for payment after submitting the application. Please note that processing of your application may not begin until any advance payment has been received.

Permission to resume a prohibited commercial operation (No. 22173): Fee from 187,00 EUR (Information on cost composition can be found here)