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

After the death of a trader, the trade may, on behalf of the

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

as a rule, only by alternates(s) qualified in accordance with Section 45 of the German Commercial Code (GewO).

On request, the competent authority may allow the trade to be operated without such a representative for a period of one year after the death of the trader.

This does not affect the specific regulations existing for individual trades (e.g. crafts).

Section 45 Trade Code (GewO)

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)

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