Business operation; application for temporary continuation without qualified representation

You can continue a business after the death of the trader even without a qualified deputy. You must apply for permission.

After the death of a trader, the trade may be continued for the account of

• the surviving spouse or surviving life partner
• the minor heirs during their minority
• the administrator of the estate, the curator of the estate or the executor of the will

may generally only be operated by qualified deputies in accordance with Section 45 of the German Trade, Commerce and Industry Regulation Act (GewO).

Upon application, the competent authority may permit the business to be operated without such a deputy for a period of one year after the death of the trader. The authority may allow the business to be continued by a representative who does not meet the requirements of Section 45 GewO or by a spouse, partner, heir, executor, etc.

• Death of the previous trader
• Authorized exercise of the deceased's trade

  The deceased's trade must not have been discontinued or prohibited; the necessary permits must have been issued and be valid.

• Personal reliability

  In the case of trades requiring a permit or supervision, the person authorized to continue the trade or the deceased's representative must provide proof of personal reliability by submitting the relevant current certificates from the Federal Central Register and the Central Trade Register.

You must apply for permission from the competent trade authority.

For trades requiring a permit in accordance with Sections 31, 33i, 34, 34a, 34b, 34c, 34d, 34f, 34h, 34i GewO and publicly appointed experts in accordance with Section 36 GewO, the authority that issued the permit/appointment must decide on the permissibility of representation in each individual case.

The authority will examine your application. In the event of a positive decision, you will receive a notification that you may continue your business operations for up to one year from the death of the trader without a qualified deputy. After this period has expired, you must appoint a qualified deputy.

Depending on the work involved: EUR 25 to 250 in accordance with the Schedule of Costs under the Costs Act (Tariff No. 5.III./18)