Apply for a travel trade license

Responsibility under trade law in Lower Saxony is determined by the Ordinance on Responsibilities in the Field of Commercial Law and Other Areas of Law (ZustVO-Wirtschaft).

Pursuant to § 1 Para. 1 Sentence 1 in conjunction with No. 1 of Annex 1 to § 1 Para. 1 ZustVO-Wirtschaft, the following are responsible for enforcing the GewO:

Districts, independent cities, large independent cities, independent municipalities.

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Commercial reliability

(Reliability is checked on the basis of various documents. As a rule, you do not have the required reliability if you have been convicted of a crime or of theft, embezzlement, extortion, fraud, embezzlement, money laundering, forgery, receiving stolen goods, usury or an offense against the Unfair Competition Act in the five years prior to submitting the application).

• Each city/municipality has different forms that you can have sent to you in advance
• Written form required: no
• Personal appearance on site for application: no
• Online procedure possible: yes

Identity document

Identity card or other official identification document with photo (not required for electronic applications).

Residence permit if the applicant is not a national of an EU country.

Certificate of good conduct for presentation to an authority

according to document type O.

Extract from the central trade register for submission to an authority

according to document type 9.

Current excerpt from the commercial or association register

Registered companies should submit a current extract from the register when submitting their application. Legal entities in the process of being founded (GmbH, AG) submit the articles of association or articles of incorporation.

If applicable, certificate from the public health department confirming instruction in accordance with the Infection Protection Act

According to the regulations of the Infection Protection Act, this is only required when manufacturing, treating or placing food on the market

This is based on the respective administrative fee schedule of the federal state or the fee statutes of the authorities responsible under federal state law.

The trade authorities in Lower Saxony charge corresponding fees in accordance with the Ordinance on Fees and Expenses for Official Acts and Services (General Schedule of Fees - AllGO).

For the itinerant trade, the amount of the fee is based on "time spent" in accordance with section 40.1.19 of the annex to § 1 para. 1 AllGO

Once you have submitted the application for a traveling trade license to your competent authority and all documents are complete, the competent authority will check whether you meet the relevant requirements.

If all documents are complete, you will receive the requested travel trade license.

The itinerant trade license must be issued before the start of the activity, so it is necessary to submit the application in good time (several weeks before the intended start of operations).

If you have applied for a permit for a traveling trade activity, the permit is deemed to have been granted if the authority has not made a decision on your application within three months of receiving the complete documentation

It is an offense to operate without the required travel trade license.

If the documents are complete, the application will be processed promptly.

In some cases, you may also need to submit additional documents or evidence. Please clarify this with your responsible office.

In the case of legal entities (limited liability companies, business companies, public limited companies, registered cooperatives), the application form only needs to be completed for the legal entity itself. All personal documents must be obtained for all natural persons authorized to manage the company (e.g. certificate of good conduct for submission to authorities) or submitted (e.g. identity papers).

In the case of partnerships that are not themselves eligible for a permit (GbR, KG, OHG, PartG, GmbH & Co. KG), each managing partner requires a permit (travel trade card), meaning that an application form and all personal documents are required for each person.

If you have a traveling trade card, you are obliged to carry it with you while carrying out your trade. If you use a sales outlet or other facility (e.g. a sales trolley), you must display your surname and first name or company name visibly on the outside.

Self-employed entertainment activities as a showman or showwoman or as a showman or showwoman belong to the traveling trade and require a traveling trade card on the part of the person running the business. If the person running the business does not work at the location of the performance themselves, they must provide the employees present there with a duplicate of the traveling trade license.

Anyone who is self-employed as a showman or showwoman or who carries out an insurable activity in the traveling trade must take out liability insurance for himself and the persons employed in his business to cover personal injury and property damage caused by his or their activity and maintain it for the duration of his activity.

• §§ Sections 55, 55a, 55b, 55f of the Industrial Code (GewO) in conjunction with the Showmen's Liability Ordinance (SchauHV), 57 (2) and (3), 60b GewO

• §§ 55 ff. Trade Regulations (GewO)
• § Section 55 of the Trade Regulation Act (GewO)
• § 11 Trade Regulations (GewO)

In Lower Saxony, preliminary proceedings are not provided for under Section 80 of the Lower Saxony Judiciary Act. Therefore, no objection is permitted. Instead, an administrative court action must be brought directly.