Trade - succession in title - re-establishment

General information

In cases of re-establishment (mergers, conversions, contributions, concentrations, asset splits and demergers) the original trade licence is transferred to the successor (in title) to the business.

Entitlement to continue exercising the trade arises with re-establishment being entered in the Companies RegisterGerman text once the successor (in title) to the business meets the requirements for exercising the trade in question.

PLEASE NOTE In cases of takeovers and acquisitions which are not re-establishments (e.g. purchase, lease, gift, inheritance), the party taking over the business must acquire a new trade licence for the trade exercised in the business taken over.

Required documents

The documents required will depend on the kind of re-establishment and the kind of trade. Please inquire with the competent authority.

Deadlines

Any such changes must be reported within six months of their entry in the Companies Register.

Costs

  • For the report
    • Federal fee: 14.30 Euro
  • For the informal notice of entry in the register 
    • Federal administrative levy: 2.10 Euro
  • Additionally
    • Attachment fees (are only incurred if attachments are added to the application): 3.90 Euro per sheet

Fees or taxes become due once the procedure is settled. For this purpose a payment form will be mailed to the party concerned. If at the same time a managing director is appointed under trade law, no separate decision will be issued on this appointment.

Legal basis

Section 11 of the Gewerbeordnung 1994 (GewO 1994)

Procedure

Re-establishment may be reported by the successor in title - either with or without the use of an official form - personally, in writing or (partially) by electronic means. Information provided in the informal report will depend on the kind of re-establishment and the kind of trade.

PLEASE NOTE If the requirements for continued exercise of a trade following re-establishment are not met, the trade authority will issue a negative decision.

Prerequisites

  • The successor to the business must meet the requirements set out in trade lawGerman text
  • Legal entities (capital companies, associations, etc.), registered commercial partnerships and sole traders without proof of qualification need to:
    • appoint a managing director under trade law

Additional information

For the successor (in title) to the business, entitlement to exercise the trade will end after six months of entry of re-establishment in the Companies RegisterGerman text if he or she fails to report the transfer of rights within this deadline and/or no managing director is appointed within this deadline.

TIPP If the trade in question is subject to section 95 of the Gewerbeordnung 1994, entitlement will not end after six months in cases where, although approval of the appointment of a managing director has been requested within the defined deadline, this approval has not be given prior to expiry of the deadline (with the related declaratory decision becoming legally effective).

With the trade licence being transferred to the successor to the business, the latter will also acquire the right of the original licence holder to exercise this trade in any additional places of business.

Responsible department

Trade authority locally competent for the business location in question:

Further Information and Online-Form

Contact for this page:
PSC Vienna
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