Appointment manager pursuant to trade law

General information

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.

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 countries with residence permit (→ oesterreich.gv.at)
  • 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:

• 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 law, legal entities and registered partnerships have to appoint a new manager pursuant to trade law and to notify the authority thereof within six months; sole traders 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:

• The District Authority^{German text}
• In cities with their own municipal law: the Municipal Administration^{German text}
  • In Vienna: depending on the trade, the → Municipal District Office or Municipal Department 63^{German text}

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)
• GISA-number
• Personal data of the manager (of the branch)

The authority registers the manager in the GISA 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 GISA or send a communication that the respective entry has been made into the GISA. If Section-95 trades are affected, the authority issues a formal approval.

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-95 trades are affected on the date on which the formal approval takes effect.

Required documents

Persons who are already registered in the GISA 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 certificate and certificate of citizenship or passport, residence registration.

• Birth certificate and certificate of citizenship or passport
• Residence permit for third country nationals (except Swiss citizens)
• residence registration
• If applicable, documentary proof of academic degrees
• In the event of change of name: additionally,
  • Marriage certificate or administrative decision regarding change of name
• In the event of residence abroad or residence in Austria for less than five years: additionally
  • Extract from criminal record of the home country (not older than three months)
• If the manager is entitled to external representation:
  • Statement concerning grounds of ineligibility in accordance with section 13 GewO 1994 for natural persons
• If the manager is not entitled to external representation:
  • Statement for managers pursuant to trade law in accordance with section 39 of GewO 1994
  • Statement for persons registering a trade/applicants in accordance with Section 39 GewO 1994
  • Written confirmation of an employment relationship (regulated trades: for at least half of the standard working hours) issued by the social insurance institution
  • Employer account numbe
  • For regulated trades additionally
  • Evidence of professional competence (e.g apprenticeship certification, master craftsman’s certificate) or
  • Legally effective recognition of individual professional competence or
  • administrative decision on the recognition/equivalence of EEA certificates of professional competence for EU/EEA citizens

Legal bases

Sections 9, 16, 39, 47 of the Gewerbeordnung 1994 (GewO 1994)

Link to form

• Statement for persons registering a trade/applicants in accordance with Section 39 of the Trade, Commerce and Industry Regulation Act 1994^{German text} (GewO 1994)
• Statement for managers pursuant to trade law in accordance with Section 39 of the Trade, Commerce and Industry Regulation Act 1994^{German text} (GewO 1994)

Online procedure:

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