Gaststättenbetrieb: Stellvertreter

If restaurants are operated by deputies of the business operator, this must be reported to the competent authority. A deputy runs the business largely independently and independently of instructions in the name and for the account of the restaurant operator.

The occasional or regular management of the business by staff, subject to instructions, does not constitute a deputy.

• Identity card or passport (with current registration certificate from the municipality of residence)
• Informal notification
• Proof of the requested certificate of good conduct for presentation to the authorities at the registration office of the main place of residence:
  see here: Certificate of good conduct
• Proof of the requested information from the central trade register for submission to the authorities of the registration office of the main place of residence:
  see here: Information from the central trade register
• Extract from the debtor register
  • from the insolvency court (in accordance with Section 26 (2) sentence 1 of the Insolvency Code) and
  • at the enforcement court (in accordance with Section 915 (1) of the Code of Civil Procedure)
• Certificate in tax matters from the competent tax office:
  See also: Certificate in tax matters

The fee is based on the administrative cost regulations for the business area of the Ministry of Economic Affairs, Energy, Transport and Regional Development (VwKostO-MWEVL). The amount is based on the time required and is at least EUR 51.00 for restaurants serving alcohol.

On the basis of the documents submitted, the competent authority will check the reliability under trade law. If there are facts that justify the assumption that the required reliability does not exist, the competent authority will prohibit the representation.

Contact the catering authority in the municipality or city in which the restaurant is located.