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Operation of a trade after the death of the trader without a qualified representative Authorisation


After the death of a trader, the trader may be

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

as a rule, are only operated by deputies qualified in accordance with § 45 of the Industrial Code (GewO).

Upon request, the competent authority may allow the trade to be carried on without such a representative for a period of up to one year after the death of the trader.

Special regulations for individual trades (e.g. crafts) remain unaffected by this.

Who should I contact?

Responsibility lies with the county, the independent city, the large independent city and the independent municipality in whose district the commercial enterprise has its registered office or the authority responsible under specialist law.

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.

Which documents are required?

  • If applicable, identity card or passport

Further documents may be required as a result of the relevant specialist law. Please contact the competent authority.

What are the fees?

Fees are charged in accordance with Appendix 1 to § 1 paragraph 1 of the General Schedule of Fees of the State of Lower Saxony (AllGO) in accordance with No. 40.1.15.

What deadlines do I have to pay attention to?

Deadlines may have to be observed. Please contact the competent authority.

Technically approved by

Lower Saxony Ministry of Economic Affairs, Labour and Transport

Source: Serviceportal Niedersachsen (Linie6PLus)