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


After the death of a trader, the trade may be carried out for the account of:

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

are usually 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 substitute for a period of one year after the death of the trader.

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

Who should I contact?

The responsibility lies with the district, the district-free city, the large independent city and the independent municipality in whose district the commercial enterprise has its registered office or the competent authority under specialist law.

This procedure can also be handled by 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, which result from the respective specialist law concerned. Please contact the competent authority.

What are the fees?

Fees are charged in accordance with Annex 1 to § 1 paragraph 1 of the General Fee Schedule of the State of Lower Saxony (AllGO) in accordance with No. 40.1.18.

Fee: 50,00 - 190,00 EUR
Payment in advance: Yes

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)