Trade licence – Surrender

General information

A trade licence for sole traders expires e.g.:

• through surrender of the licence
• death of the natural person
• if insolvency proceedings are not opened due to the lack of sufficient assets
• through withdrawal of the trade licence
• If operations may be continued under a special entitlement [Fortbetriebsrecht], the trade licence will expire only upon expiry of this entitlement.

A trade licence for legal entities (capital companies, associations, etc.) and registered commercial partnerships expires e.g.:

• through surrender of the licence
• loss of legal entity
• through withdrawal of the trade licence
• if insolvency proceedings are not opened due to the lack of sufficient assets
• through withdrawal of the trade licence or unless the transfer of rights is reported within six months of entry in the Companies Register of any re-establishment.

Surrender of the trade licence must be reported to the competent authority – whereupon the relevant entry in the Austrian Business Licence Information System (GISA) will be deleted.

If the trade licence is surrendered for the primary location, the licences for any additional places of business will also expire.

Whoever fails to exercise his/her trade only temporarily, must report suspension of the licence in question to the competent State Chamber of Trade and Industry [→ Landeskammer der Gewerblichen Wirtschaft^{German text}] within three weeks.

Enterprises affected

This applies e.g. to sole traders whose trade licence expires through suspension or death of the natural person, as well as to businesses which are under an entitlement to continue operations and where the related trade licence will only expire upon termination of this entitlement

Requirements

The trade licence must not be subject to a limitation on disposal (such as attachment of the trade licence).

Deadlines

In principle, a trade licence may be surrendered at any time.

Competent authority

Trade authority locally competent for the business location in question:

• District Authority^{German text}
• in cities with their own municipal law: Municipal Authority^{German text}
  • in Vienna: → Municipal District Office or Municipal Department MA 63^{German text} depending on the trade concerned

Procedure

Surrender may be reported – either with or without the use of an official form – personally, in writing or by electronic means.

An informal report shall include the following information:

• Name of the holder of the trade licence
• Designation of the trade
• Location of trade
• GISA-number
• Date of surrender if surrender is reported for a later point in time.

Any supporting documents concerning the licence to exercise this trade (“former” trade licence, certificates where applicable) must be returned to the competent authority.

Surrender of the trade licence becomes effective on the date on which the report of surrender is received by the competent authority unless the holder of the trade licence reports deferred surrender or links surrender to the occurrence of a special condition.

Required documents

• Official ID document
• “Former” trade licence
• Certificates where required

Costs and fees

No fees or taxes are incurred.

Legal bases

Sections 85, 86, 93 of the Gewerbeordnung 1994 (GewO 1994)

Link to form

Online-procedure:

Trade licence – surrender^{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

Authentication and signature

• Electronically: without authentication (via GISA) or with registration using ID Austria
• In writing: informally