Business registration

Description

The Trade Regulation Act is based on the principle of freedom of trade. Everyone has access to all commercial activities. The activities must be reported to the trade authority.

The trade authority certifies receipt of the trade licence (trade licence).

If an existing company is changed to a new legal form (e.g. by founding a legal entity), a new registration is usually required (with simultaneous deregistration of the previous company). The trade authority will be happy to advise you in individual cases.

Business registration alone does not authorise the operation of a trade. Only natural and legal persons and partnerships entered in the Register of Craftsmen are authorised to operate a craft independently as a standing business.

Further information on the skilled trades can be obtained from the Chamber of Skilled Crafts for Munich and Upper Bavaria, Max-Joseph-Str. 4, 80333 Munich, phone 089/5119-0.

In some cases you will need a special licence:

• Guarding
• Trades
• Real estate agents, property developers and construction management
• Pawnbroking
• Auctions

Prerequisites

What must be reported:

• commercial activity in a standing business (e.g. shop, office, workshop, flat)

When to register:

• Registration must take place before or at the same time as the start of the activity.

Who must register:

• All traders with a commercial establishment as their main or branch office. It is irrelevant whether the commercial activity is carried out on a full-time or part-time basis, as well as the amount of profit realised.
• In the case of partnerships (e.g. BGB companies, OHG, KG), the partners authorised to manage the business are to be regarded as traders.
• In the case of legal entities (e.g. GmbH, AG), the legal representatives (e.g. managing director of a GmbH) are obliged to register.

How to report:

• You can register your business online for the following types of company:
  - Sole proprietorship (registered and unregistered)
  - Companies under civil law (GbR)
  - Companies with limited liability (GmbH)
  - Business company (UG also with limited liability)
• In other cases, please make an appointment to visit us in person or register your business by e-mail with the required documents (see also "Required documents").
• If you have any questions or in urgent cases, please contact our service hotline (089 233 96030).

Required documents

• Fully completed business registration form
• Copy of identity card or passport
• for foreign nationals (except EU countries):
  copy of valid residence permit for the exercise of self-employment
• in the case of authorisation:
  a written power of attorney and a copy of the identity card of the person granting the power of attorney and the authorised representative
• for minors:
  Declaration of consent from the legal guardian (in the case of part-time work) or authorisation from the guardianship court (in the case of full-time work)
• for companies entered in the commercial, association or co-operative register:
  a copy of an extract from the register (with all entries)
• for activities requiring a licence: Copy of the licence
• if operating a full-time trade: copy of the trade licence

Legal basis

§14 Industrial Code