Appointment Manager Pursuant to Trade Law

Description of the subject matter

The manager pursuant to trade law is appointed by the trader. The trader authorises the manager to give instructions by taking on personal responsibility. The manager is responsible for ensuring compliance with the applicable trade law provisions as well as the proper professional conduct of business.

PLEASE NOTE A branch manager may be appointed for carrying on the trade on additional premises (branch). He/she is responsible for ensuring compliance with the applicable trade law provisions on the additional premises.

Legal entities (companies, associations, etc.) and registered partnerships may not carry on a trade unless they appoint a manager pursuant to trade law.

Sole traders require a manager pursuant to trade law if they cannot furnish evidence of their professional competence for a regulated trade. In this event, the manager pursuant to trade law has to furnish evidence of professional competence.

Appointment of a manager is also mandatory if the sole trader has no residence in Austria. EEA citizens or Swiss people who reside in an EEA signatory state or in Switzerland are not required to appoint a manager pursuant to trade law.

Enterprises affected

Each company appointing a manager pursuant to trade law

Requirements

For the manager pursuant to trade law:

  • Mandatory personal requirements for carrying on a trade
    • Citizenship: Austria, EEA signatory states, Switzerland, other third countriesGerman text with residence permitGerman text
    • Residence in Austria, in an EEA signatory state or in Switzerland
    • Legal capacity: upon reaching the age of 18 years
    • None of the grounds of ineligibility to carry on a trade (e.g. financial criminal offence, court sentence) is applicable.
    • A waiver of ineligibility may be granted under certain circumstances.
  • The manager has the possibility of pursuing activities in the company in terms of time and place (e.g. residence in the proximity of the company)
  • Proof of consent to the authorisation to give instructions by taking on personal responsibility and to the appointment as manager

For regulated trades or sub-trades:

  • Evidence of professional competence or
  • Legally effective recognition of individual professional competence or
  • Administrative decision on the recognition/equivalence of EEA certificates of professional competence
  • For sole traders:
    • Employment as an employee subject to compulsory social insurance (for at least half of the weekly standard working hours)
  • For legal entities and registered partnerships:
    • Either appointment for legal representation vis-à-vis third parties or
      employment as an employee subject to compulsory social insurance (for at least half of the weekly standard working hours)

Deadlines

If appointment of a manager is necessary to be granted a license for the first time, the manager pursuant to trade law has to be appointed in the course of trade registration.

After resignation of a manager pursuant to trade lawGerman text, legal entitiesGerman text and registered partnershipsGerman text have to appoint a new manager pursuant to trade law and to notify the authority thereof within six months; sole tradersGerman text have to meet this requirement within one month.

These deadlines are reduced by the authority if

  • the continuation of the trade without manager involves major risks to the life or health of people or
  • the trade was carried on for more than six months without a manager during the two years before the resignation of the manager.

Competent authority

The trade authority having territorial competence for the trade premises / the location of additional premises:

Procedure

Notification of the appointment of a manager may be made – without meeting specific formal requirements or by using a form – personally, in writing or also electronically.

Informal applications have to include the following information:

  • Name of the trader
  • Name of the trade
  • Location of the trade premises
  • If applicable, location of additional premises (branch)
  • Trade Register number
  • Personal data of the manager (of the branch)

The authority registers the manager in the Trade Register and notifies the trader thereof. Notification is not subject to any formal requirements. The authority may issue an up-to-date registration certificate of the Trade Register or send a communication that the respective entry has been made into the Trade Register. If Section-95German text trades are affected, the authority issues a formal approval.

PLEASE NOTE If the requirements for carrying on a trade have not been met, you will receive an administrative decision rejecting your application.

The appointment of the manager will become legally effective as from the date of notification to the competent authority or if Section-95German text trades are affected on the date on which the formal approval takes effect.

Documents required

PLEASE NOTE Persons who are already registered in the Trade Register do not have to submit identification documents. If the authority can retrieve the necessary data from registers, the following documents do not have to be submitted: Birth certificateGerman text and certificate of citizenshipGerman text or passportGerman text, residence registrationGerman text.

Legal basis

Sections 9German text, 16German text, 39German text, 47German text of the Trade, Commerce and Industry Regulation Act 1994German text (GewO 1994)

Expert information

No expert information is available.

Form

Online procedure:

  • Manager – appointmentGerman text
    Necessary for online procedure: trade register number (e.g. 123456/g/06/07 – can be found in the trade register extract and in notifications sent by the trade authority), companies register number or social security number

Last update: 08.01.2018

Approved by:
  • Federal Ministry for Digital and Economic Affairs
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