Application for a Permit Pursuant to Section 34i of the Trade Regulation Act (GewO)
Service description
You need a license under Section 34i of the Trade Regulation Act (GewO) if you wish to operate as a real estate loan broker on a commercial basis.
The license granted under § 34i of the Trade Regulation Act (GewO) is generally valid nationwide and for life. However, it may be revoked or withdrawn if the business operator lacks the reliability required under trade law.
A loss report should be filed immediately upon discovering that the permit has been lost. This allows the loss to be officially documented and, if necessary, a new permit to be applied for and issued.
Procedure
You must submit your application for a permit under § 34i of the Trade Regulation Act (GewO) to the Public Order Department of the Fulda District.
For legal entities, you need only complete the application form for the legal entity itself. You must submit all personal documents for all natural persons authorized to manage the business.
Partnerships are not eligible for a license as such. Therefore, each managing partner must obtain a license. For each of these individuals, you must submit a separately completed application form and all required personal documents.
Prerequisites
You possess the reliability required for commercial operations. You generally do not possess this reliability if you have been convicted of a felony or a property or financial crime within the last 5 years, and the conviction is final.
Your financial circumstances are in order: No insolvency proceedings have been initiated against your assets, nor have such proceedings been dismissed for lack of assets, and you are not listed in the debtor registry pursuant to Section 882b of the Code of Civil Procedure.
You have professional liability insurance and the necessary expertise.
What documents are required?
- Proof
of identity (e.g., ID card, passport, or other form of identification) - Application for a Permit Pursuant to §34i of the Trade Regulation Act (GewO) (see “Applications/Forms” below)
- Business Registration Pursuant to Section 14 of the Trade Regulation Act (GewO)
- Certificate regarding tax matters issued by the tax
office with jurisdiction over the applicant’s place of residence or, in the case of partnerships and corporations, their place of business; Application submitted through the tax office - Certificate of Good Conduct: Application
through the Residents’ Registration Office (Document Type “OG” for submission to a government agency pursuant to Section 30(5) of the Federal Registration Act (BZRG)) - Extract
from the Central Business Register: Application through the Residents’ Registration Office (document type “OG” for submission to a government agency pursuant to Section 30(5) of the BZRG) - Certificate of No Objection issued by the local tax office
with jurisdiction over the applicant’s place of residence or, in the case of partnerships and corporations, their place of business; Application to be filed with the authority responsible for the applicant’s place of residence or place of business - Certificate of No Insolvency
: Application Filed with the Insolvency Court - Negative Information from the
Enforcement Portal: For more information, click the link below. - Proof of Professional Liability Insurance
- Certificate of Competence from the Chamber of Industry and Commerce, proof of an equivalent qualification, or proof of continuous employment since March 21, 2011
. For more information regarding the Certificate of Competence, please contact the Chamber of Industry and Commerce (see link below). - If applicable, an extract from the commercial register for partnerships or corporations
- If applicable, a copy of the shareholders' agreement
- Certified translation of foreign documents, if necessary
- Declaration of Loss (if applicable)
- Proof
What fees apply?
Fee for an individual: 1
,225.00 eurosFee for a legal entity
: 1,275.00 eurosWithdrawal of an Application
: 50% of the permit fee, plus expensesRejection of an application
: 75% of the permit fee, plus expensesImportant Note: A separate permit is issued for each individual permit application; accordingly, the fee is based on the number of permits issued.
What deadlines do I have to observe?
You must have the permit before starting operations. Therefore, submit your application well in advance—that is, a few weeks before you plan to begin operations.
You must also notify the Business Registration Office of your local authority of the start of your business activities at the same time.
Applications / Forms
- Appendix to the Application for Plant Managers Pursuant to § 34i of the Trade Regulation Act (GewO)
- Application for a Permit Pursuant to Section 34i of the Trade Regulation Act (GewO)
- Information Sheet on Real Estate Loan Brokerage Pursuant to Section 34i of the German Trade Regulation Act (GewO)
- Declaration of Loss Pursuant to Section 34i of the German Trade Regulation Act (GewO)
- Insurance Confirmation for a Group Policy Pursuant to Section 34i of the German Trade Regulation Act (GewO)
- Insurance Confirmation for a Partnership under Section 34i of the German Trade Regulation Act (GewO)
- Insurance Confirmation for Entities Other Than Partnerships Under § 34i of the German Trade Regulation Act (GewO)
- Waiver of the Permit Under § 34i of the Trade Regulation Act (GewO)