Industrial order

Unofficial table of contents

GewO

Date of completion: 21.06.1869

Full quote:

" Trade order in the version of the Notice of 22 February 1999 (BGBl. 202), as defined by Article 626 (3) of the Regulation of 31 August 2015 (BGBl). I p. 1474).

Status:	New by Bek. v. 22.2.1999 I 202;
	Last amended by Art. 11 G v. 3.7.2015 I 1114
Note:	Amendment by Art. 275 V v. 31.8.2015 I 1474 (No 35) in a textual, documentary form not yet concludedly edited
	Amendment by Art. 625 V v. 31.8.2015 I 1474 (No 35) not yet taken into account
	Amendment by Art. 626 (3) V v. 31.8.2015 I 1474 (No 35) not yet taken into account

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.4.1983 + + +) 
(+ + + For application cf.  § § 4, 6 and 6  158 + + +) 
(+ + + measures due to EinigVtr cf.  GewO Annex EV; 
 No more to be used in accordance with the provisions.  Art. 109 (3) (a)   
 DBuchst. bb, Buchst. b DBuchst. aa, ii, Buchst. c DBuchst. aa   
 G v. 8.12.2010 I 1864 mWv 15.12.2010 and gem.  Art. 1 (6) (a)   
 DBuchst. aa G v. 21.1.2013 I 91 mWv 29.1.2013 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 36/2005 (CELEX Nr: 32005L0036)  G v. 12.12.2008 I 2423 + + +) 

  

Unofficial table of contents

Content Summary

Title I
General provisions
§ 1	Principle of freedom of trade
§ 2	(dropped)
§ 3	Operation of various trades
§ 4	Cross-border service provision, establishment
§ 5	Restrictions on admission
§ 6	Scope
§ 6a	Decision deadline, approval fiction
§ 6b	Procedure for a single body
§ 6c	Information requirements for service providers
§ 7	Abolition of rights and charges
§ 8	Detachment of rights
§ 9	Disputes over rescend or detachment of rights
§ 10	No new acquisition of rights
§ 11	Collection, processing and use of personal data
§ 11a	Intermediary Registry
Section 11b	Transfer of personal data within the European Union and the European Economic Area in the case of regulated professions
§ 12	Insolvency proceedings
§ 13	Probation clause
§ 13a	Indication of the cross-border provision of services in regulated professions
§ 13b	Recognition of foreign documents and certificates
§ 13c	Recognition of foreign certificates of competency
Title II
Stationary
I. General requirements
§ 14	Obligation to notify; Regulation empowerment
§ 15	Certificate of receipt, operation without authorisation
Section 15a	(dropped)
Section 15b	(dropped)
II. Requirement of special supervision or authorisation
	A. Annexes which require special supervision
§ § 16 to 28	(dropped)
	B. tradesmen requiring special authorisation
§ 29	Information and retrospective
§ 30	Private hospitals
§ 30a	(dropped)
§ 30b	(dropped)
§ 30c	(dropped)
Section 31	Surveillance on seagoing vessels; Regulation empowerment
Section 32	(dropped)
§ 33	(dropped)
§ 33a	Findings of persons
§ 33b	Tanzlustablities
§ 33c	Game devices with a winning option
§ 33d	Other games with a chance to win
§ 33e	Type approval and certificate of safety
§ 33f	Authorisation to adopt implementing provisions
§ 33g	Limitation and extension of authorisations
§ 33h	Game banks, lotteries, gambling
§ 33i	Game halls and similar companies
Section 34	Pawn-care
§ 34a	Surveillance
§ 34b	Auctioning
§ 34c	Broker, developer, building supervisor
§ 34d	Insurance intermediaries
§ 34e	Insurance Consultants
§ 34f	Financial intermediaries
§ 34g	Authorisation
§ 34h	Honorary Financial Advisor
§ 35	Industrial failure due to unreliability
§ § 35a and 35b	(dropped)
§ 36	Public appointment of experts
§ 36a	Public appointment of experts with qualifications from another Member State of the European Union or of another State Party to the Agreement on the European Economic Area
Section 37	(dropped)
§ 38	Industry in need of surveillance
§ 39	(dropped)
Section 39a	(dropped)
§ 40	(dropped)
III. Scope, exercise and loss of industrial powers
Section 41	Employment of workers
§ § 41a to 44a	(dropped)
§ 45	Delegate
Section 46	Continuation of the business
§ 47	Deputy in special cases
§ 48	Transfer of real business permissions
§ 49	Deletion of permissions
§ 50	(dropped)
Section 51	Under-sawing due to major disadvantages and dangers
Section 52	Transitional arrangements
§ § 53 to 54	(dropped)
Title III
Travel Industry
§ 55	Travel Trade Card
§ 55a	Travel trade card-free activities
§ 55b	Further travel trade card-free activities, business registration card
§ 55c	Notification duty
§ 55d	(dropped)
§ 55e	Sonn and holiday rest
§ 55f	Liability insurance
§ 56	Activities prohibited in the travel industry
Section 56a	Announcement of the commercial establishment, hiking camp
Section 57	Failure of the travel trade card
§ § 57a and 58	(dropped)
§ 59	Untersagung travel trade card-free activities
§ 60	Persons employed
§ 60a	Event of games
§ 60b	Folk Festival
§ 60c	Participation and showing of the travel trade card
§ 60d	Prevention of industrial activity
Section 61	Local competence
Section 61a	Applicability of regulations of the standing business
§ § 62 and 63	(dropped)
Title IV
Trade fairs, exhibitions, markets
Section 64	Fair
Section 65	Exhibition
Section 66	Wholesale
Section 67	Weekly market
Section 68	Special market and fair
§ 68a	Delivery of drinks and food
Section 69	Fixing
§ 69a	Refusal of fixing, conditions
§ 69b	Amendment and abolition of the fixing
Section 70	Right to participate in an event
Section 70a	Attendance of participation in an event
§ 70b	(dropped)
Section 71	Remuneration
Section 71a	Public security or order
Section 71b	Applicability of regulations of the standing business
Title V
Taxen
§ § 72 to 80	(dropped)
Title VI
Innings, Ing committees, Chambers of Crafts, Insions Associations
§ § 81 to 104n	(dropped)
Title VIa
Craft Role
§ § 104o to 104u	(dropped)
Title VII
Workers
I. General labour law principles
Section 105	Free design of the employment contract
Section 106	Employer's right of instruction
Section 107	Calculation and payment of the pay
Section 108	Settlement of the pay
§ 109	Certificate
§ 110	Ban on competition
§ § 111 to 132a	(dropped)
II. Master Title
§ 133	Power to guide the building master title
§ § 133a to 139aa	(dropped)
III. Supervision
Section 139b	Industrial Supervisory Authority
§ § 139c to 139m	(dropped)
Title VIII
Commercial Auxiliary Funds
§ § 140 to 141f	(dropped)
Title IX
Statutary provisions
Section 142	(dropped)
Title X
Criminal and penal rules
Section 143	(dropped)
Section 144	Breach of rules on the right-to-use industries
§ 145	Infringement of rules on the travel industry
Section 146	Infringement of other provisions relating to the pursuit of a business
Section 147	Breach of occupational health and safety regulations
§ 147a	Forbidden acquisition of precious metals and precious stones
§ 147b	Prohibited acceptance of charges for package holidays
§ 148	Criminal infringement of industrial law
Section 148a	Criminal infringement of examiners ' obligations
Section 148b	Negligent hehlery of precious metals and precious stones
Title XI
Commercial Register
§ 149	Establishment of a commercial register
Section 150	Information at the request of the person concerned
§ 150a	Information to public authorities or contracting authorities
§ 150b	Information for scientific research
§ 150c	Information on foreign as well as on-and inter-governmental agencies
§ 150d	Logging
§ 150e	Electronic application
Section 151	Entry in special cases
Section 152	Removal of entries
Section 153	Redemption of entries
§ 153a	Communications on the Trade Central Register
Section 153b	Administrative provisions
Final provisions
Section 154	(dropped)
Section 154a	(dropped)
§ 155	National law, responsibilities
Section 155a	Failure to provide information for the purposes of witness protection
Section 156	Transitional arrangements
Section 157	Transitional arrangements to § § 34c and 34f
Section 158	Transitional arrangements to § 14
Section 159	Transitional provision on § 31

Title I
General provisions

Unofficial table of contents

§ 1 Principle of freedom of trade

(1) The operation of a trade is permitted to all, unless exceptions or restrictions are required or permitted by this law. (2) Anyone who is currently entitled to operate a business cannot therefore be because it does not meet the requirements of this law. Unofficial table of contents

§ 2

(dropped) Unofficial table of contents

§ 3 Operation of various trades

The simultaneous operation of various trades and the same commercial premises in several establishments or outlets is permitted. A restriction of the craftsmen to the sale of the self-manufactured goods does not take place. Unofficial table of contents

Section 4 Cross-border service provision, establishment

(1) If a trader is temporarily suspended from an establishment in another Member State of the European Union or of another State Party to the Agreement on the European Economic Area, the trader shall be temporarily suspended in the territory of the European Union. § 34b (1), (3), (4), (6) and (7), § 34c (1) (1) (1) and (3), and § 38 (1) and (2) shall not be applied in so far as they are employed on a § § 14, 55 (2) and (3), § § 55c, 56a and 57 (3) shall also not apply in such cases, unless professional activities are carried out on the basis of Article 2 (2) of Directive 2006 /123/EC of the European Parliament and of the Council of the European Communities. Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 327, 28.12.2006 36), or on the basis of the provisions of Article 17 of this Directive, are excluded from the freedom to provide services. (2) Paragraph 1 shall not apply where the activity of the other Member State of the European Union or the other Contracting State of the Agreement on the European Economic Area shall be provided for circumvention of the provisions referred to in paragraph 1. Circumvention shall, in particular, be the case where a trader to withdraw the provisions referred to in paragraph 1 from another Member State of the European Union or another State Party to the Agreement on the European Union (3) An establishment exists where an independent commercial activity is carried out indefinitely and by means of a fixed establishment from the same. shall be exercised. Unofficial table of contents

§ 5 Admission restrictions

The current law does not alter the restrictions on the operation of individual trade, which are based on customs, tax and postal laws. Unofficial table of contents

§ 6 Scope

(1) This law does not apply to fishing, to the establishment and transfer of pharmacies, to the education of children for pay, to education, to the activities of lawyers and notaries, to legal counsel, to Auditors and audit firms, the sworn accountants and accounting firms, the tax advisers and tax accountants, and the tax authorities, on the business of the emigrants advisers and the Seelotswesen. This Act applies to the mining industry only in so far as it contains explicit provisions; the same shall apply to the business of insurance undertakings, to the exercise of medical and other medical professions, to the sale of Pharmaceuticals, the distribution of lottery tickets and livestock breeding. Furthermore, with the exception of Title XI, this law does not apply to carriage by ambulance pursuant to Section 1 (2) No. 2 in conjunction with Section 1 of the Passenger Transport Act. (1a) § 6c applies to all tradesmen and other service providers within the meaning of Article 4 (2) of Directive 2006 /123/EC, whose services fall within the scope of the Directive. (2) The provisions of Section I of Title VII shall apply to all Worker application. Unofficial table of contents

Section 6a Decision-making period, approval fictitious

(1) If the authority has not decided on a request for permission to pursue a business pursuant to Section 34b (1), (3), (4), (1) (1) (1), (3) or (3) or § 55 (2) within a period of three months, the authorization shall be deemed to have been granted. (2) Paragraph 1 shall also apply to proceedings pursuant to § 33a (1) and § 69 (1) and to proceedings under the Catering Act as long as there are no provisions of national law. Unofficial table of contents

Section 6b Procedure on a single body

Administrative procedures in accordance with this Act or under a legal regulation adopted pursuant to this Act may be dealt with by a single entity in accordance with the provisions of the Administrative Procedure Act. The national governments are authorised to exclude certain procedures from the settlement of a single body by means of a legal regulation in accordance with Article 2 (2) of Directive 2006 /123/EC. Unofficial table of contents

§ 6c Information requirements for service providers

The Federal Government is empowered to adopt, by means of a regulation with the consent of the Federal Council for the implementation of Directive 2006/123/EC, provisions relating to information, in particular the content, scope and nature of the information provided by a service provider to make available or make available to the recipients of the service. The Regulation may also contain rules on the manner in which the information is to be made available.

Footnote

(+ + + § 6c: For application cf. § 6 para. 1a + + + +) Unofficial table of contents

Section 7 Waiver of rights and duties

(1) From 1 January 1873, unless the laws of the Land have previously been issued, the following shall be repealed:

1.

the remaining exclusive industrial property rights, that is to say, the authorizations associated with the commercial establishment, other the operation of a trade, whether in general or with regard to the use of a certain operating material, to Prohibit or restrict it;

2.

the coercive and banner rights associated with exclusive industrial property rights;

3.

all forced and banner rights, the abolition of which shall be permitted without compensation in accordance with the content of the award of the award;

4.

provided that the repeal does not already occur as a result of these provisions or if they are not based on a contract between the beneficiaries and the pledge:

a)

the possession of a mill, a distillery or a fuel, a brewery or a brewery, or a sanctified place, to compel the consumer to grind or leave the person entitled to a meal or to have it shred, or drink the drink exclusively from the same (the forage, the whipping of the spirits or the brew);

b)

the right of urban bakers or butchers to force the inhabitants of the city, the suburbs or the so-called "banner mile" to take all or part of their needs for pastries or meat exclusively from those;

5.

to grant authorizations, concessions to industrial installations or to the holding of commercial premises to which the treasury, corporations, institutions or individual beneficiaries are entitled;

6.

Subject to the trade taxes to be paid to the State and the municipality, all charges paid for the operation of a business, as well as the entitlement to impose such charges.

(2) Whether and in what way the person entitled to the above-mentioned exclusive commercial authorizations, forced and banner rights, etc. Compensation is to be paid, determine the state laws. Unofficial table of contents

Section 8 Absolution of rights

(1) From the same date (§ 7), as far as this is not already at its disposal by the national legislation already, the detachment:

1.

the coercion and banner rights which are not repealed by the provisions of § 7, provided that the obligation to hold property is liable to members of a corporation as such, or to residents of a place or district of their own assets, the place of residence;

2.

the right to force the owner of a place to purchase the drink from a particular factory for his economic needs.

(2) The details of the detachment of these rights shall be determined by the national laws. Unofficial table of contents

§ 9 Disputes over the annulment or detachment of rights

(1) disputes as to whether an entitlement to the annulled or declared by § § 7 and 8 are to be decided by the legal means. (2) However, the Land laws shall be reserved to determine which authorities and in the case of What procedure should be taken to decide whether or how far a levy on a plot of land is a basic levy or has to be paid for the operation of a business; Unofficial table of contents

§ 10 No new acquisition of rights

(1) exclusive commercial rights or coercion and banner rights, which have been annulled by law or declared to be redeemable, can no longer be acquired from henceforward. (2) Real industrial property rights may no longer be justified on the basis of this. Unofficial table of contents

§ 11 Collection, processing and use of personal data

(1) The competent public authority may collect personal data of the trader and those persons to which the decision is important, in so far as the data for the assessment of the reliability and the rest of the professional admission and/or the other professions are -exercise criteria are required in the implementation of industrial and commercial rules and procedures. In particular, data may also be required from already completed or otherwise pending

1.

commercial procedures, criminal proceedings or fines,

2.

Insolvency proceedings,

3.

tax and social security procedures; or

4.

-and work-permit procedures.

The data collection shall not be collected, insofar as there are special statutory regulations for use. (2) The data required for the purposes of paragraph 1 shall be collected by the person concerned. Without their participation, they may only be collected if:

1.

the decision requires a survey of other persons or bodies; or

2.

the survey would require a disproportionate effort in the case of the data subject

and there is no evidence that the overriding legitimate interests of the person concerned are adversely affected. In the cases of the second sentence, non-public authorities shall be obliged to transmit the data unless specific legal provisions preclude the transmission of the data; the obligation to comply with legal confidentiality requirements, or (3) The collection of information in accordance with § 150a, § § 31 and 41 of the Federal Central Register Act and § 882b of the Code of Civil Procedure remains unaffected. (4) The data collected pursuant to paragraphs 1 and 3 may only be used for the purpose of: (5) Public bodies involved in commercial proceedings pursuant to the first sentence of paragraph 1 on the basis of the second sentence of paragraph 1, section 35 (4) or any other statutory provision, may be subject to the following: The results shall be informed in so far as this is necessary for the performance of their tasks. These and other public authorities shall be informed if, on the basis of a decision, certain legal consequences have occurred and the knowledge of the data is required from the point of view of the authority to be notified for the implementation of the legal consequences. is. The recipient may only process or use the data transmitted for the purpose for which it is transmitted or may have been transmitted to it. The transmission of data within the competent public authority shall be subject to the transmission rules laid down in paragraphs 1 to 4. (6) For the purposes of changing, blocking or deleting the data collected pursuant to paragraphs 1 and 3, and the transmission of data, the data shall be forwarded to the public authorities. of the data referred to in paragraph 1 for purposes other than those referred to in paragraph 5 shall be subject to the data protection laws of the countries. Unofficial table of contents

Section 11a Mediator Register

(1) Each Chamber of Industry and Commerce (register authority) shall keep a register of the registrant pursuant to section 34d (7), also in conjunction with § 34e paragraph 2, § 34f (5) and § 34h (1) sentence 4. The local jurisdiction shall be governed by the law of the country. The purpose of the register shall be, in particular, to enable the general public, in particular investors and insurance undertakings, to review the authorisation and the extent of the authorised activity of the person liable to enter the register. The register authorities shall use the register of the common body designated in § 32 (2) of the Environmental Law Enforcement Act (joint body). The register authority shall be subject to the supervision of the supreme state authority. (2) Information from the register shall be issued via the Internet or in writing by means of an automated call. The register authorities shall ensure that simultaneous consultation with all registers referred to in the first sentence of paragraph 1 is possible. (3) The competent authority responsible for subsatiation in accordance with Section 35 shall immediately notify the register authority of any subsatiation. In the event of the waiver of the permit pursuant to Section 34d (1) or Section 34e (1) or the exemption pursuant to Section 34d (3) or a notification pursuant to sentence 1 or § 80 (4) of the Insurance Supervision Act, the register authority shall immediately have the following: Delete affected saved data. The surname, first name, registration number, and the date of deletion are stored in the register in a directory updated daily. Only insurance companies shall be granted access to this directory. The information shall be deleted one month after the storage in this directory. (3a) The competent authority responsible for the granting of licences pursuant to § 34f (1) shall immediately notify the register authority of the necessary information for the registration pursuant to section 34f (5) Information as well as the waiver of the permission in accordance with § 34f (1). The competent authority in respect of the granting of licences in accordance with Article 34h (1) shall immediately inform the register authority of the information required for the registration in accordance with Article 34h (1) sentence 4 in conjunction with Article 34f (5), as well as the cancellation of the Permission in accordance with § 34h (1). Upon receipt of the notice of cancellation of the permission in accordance with § 34f (1) and 34h (1), the register authority shall immediately delete the data stored on the data subject. (4) Intends to do so in accordance with § 34d paragraph 7, also in connection with § 34e (2), to take action in another Member State of the European Union or in another State Party to the Agreement on the European Economic Area, he shall inform the Registry of the Agreement before. (5) The Federal Ministry for Economic Affairs and Energy can use the legal regulation Consent of the Federal Council to adopt rules on the details of register management, in particular on:

1.

the information to be stored in the register; the information may be stored only for the purpose of identification (in particular the surname, first name, business address, birthday and registration number), the authorisation and the extent of the authorised activity. of the registrants,

2.

Information which should not be available in general terms, and the bodies which have access to such information.

(6) The cooperation of the competent authorities with the competent authorities of the other Member States of the European Union and of the other States Parties to the Agreement on the European Economic Area shall be carried out in accordance with the following measures:

1.

At the request of the competent authority of another Member State or Contracting State, the competent register authority shall provide information, including personal data, which shall be used to verify compliance with the conditions of the activity as a Insurance intermediaries or insurance advisers are required to contact the competent authority of the other Member State or the Contracting State.

2.

The register authority may, without the request of the competent authority of another Member State or State Party, provide information, including personal data, where there is evidence that the knowledge of such information is available to: the verification of compliance with the conditions for the activity of insurance intermediaries or insurance advisers is required.

3.

To the extent that the Member State or State Party in question referred to in Article 6 (2) of Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation (OJ L 327, 30.12.2002, p. EC 2003 No 3), in the case referred to in paragraph 4, the register authority shall notify the competent authority of the other Member State or the Contracting State of the intention of the registrant and, at the same time, shall inform the registrant of the registration. For the purpose of surveillance, the register authority may forward to the competent authority of the other Member State or State party the information recorded in the register on the register. The competent authority of another Member State or of the Contracting State shall be informed of any changes to the information provided.

4.

If the information deleted in accordance with paragraph 3 is such a trader operating in another Member State or a Contracting State, the register authority shall notify the competent authority of the other Member State or Contracting State of the deletion of such information. without delay.

The cooperation, in particular the transmission of information, is carried out via the Federal Ministry for Economic Affairs and Energy (Federal Ministry for Economic Affairs and Energy), which serves the joint body. (7) The register authority, the Federal Institute for Economic Affairs Financial services supervision and those for the granting of permission pursuant to § 34d (1) sentence 1, § 34e (1) sentence 1 and § 34f (1) sentence 1, also in conjunction with § 34h (1) sentence 4, for the under-sawing pursuant to § 35, the receipt of the trade show in accordance with § 14 or the prosecution of administrative offences in accordance with the Code of Administrative Offences Authorities may also transmit to each other, without request, information, including personal data, to the extent that this is necessary for the performance of their respective activities with the activities of insurance intermediaries and insurance advisers, and Financial investment intermediaries and honorary financial counsellors are required to perform related tasks. The bodies referred to in the first sentence shall be established by the European Insurance and Occupational Pensions Authority in accordance with the provisions of Article 35 of Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 June 2010. November 2010 on the establishment of a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716 /2009/EC and repealing Decision 2009 /79/EC of the European Parliament and of the Council of the European Communities Commission: 48), on request, provides all the information necessary for the performance of their tasks under Regulation (EU) No 1094/2010. (8) All persons under the terms of the insurance intermediaries and insurance advisors and financial investment intermediaries and honorary financial counsellors, or the verification of compliance with the conditions for the activity as insurance intermediary or insurance consultant, as well as Financial investment intermediaries and honorary financial advisers to receive the receipt or providing information shall be subject to professional secrecy. Section 84 of the Insurance Supervision Act shall apply accordingly. Unofficial table of contents

Section 11b Transfer of personal data within the European Union and the European Economic Area in the case of regulated professions

(1) A trader who operates domestily shall enter another Member State of the European Union or another State Party to the Agreement on the European Economic Area in order to permanently or temporarily carry out an activity there. , the inclusion or exercise of which is subject to the possession of certain professional qualifications by law, regulation or administrative action, the competent national public authority shall, upon request, forward all personal data to: the competent body of the State concerned, which shall:

1.

the legality of the establishment of the trader;

2.

necessary for the assessment of the reliability of the trader, in particular data pursuant to section 11 (1) sentence 2;

3.

in the case of appeal proceedings by a recipient of a service against a trader, are required for a proper appeal procedure.

The competent national public authority shall also transmit data in accordance with the first sentence without a request, if there is actual evidence that the information is necessary to carry out the tasks of the competent foreign body. It may, for its part, collect data from the competent authority of the State concerned in accordance with the first sentence, in so far as knowledge of the data is necessary for the performance of its tasks, and the personal data required for this purpose shall be sent to the competent authority. (2) paragraph 1 shall apply in accordance with

1.

for workers in a commercial establishment,

2.

in the event that a trader or an employee of a commercial establishment from one of the above-mentioned States takes up or carries out a commercial activity in the territory of the Member State concerned, the taking up or pursuit of his or her pursuit of a certificate of competence or competence or the Registration in the craft role presupposeth.

(3) All data shall be communicated with the indication that the recipient shall immediately check whether the data is necessary for the specified purpose and, if necessary, to delete the data. (4) The paragraphs 1 to 3 shall also apply to the area of livestock farming. Unofficial table of contents

§ 12 Insolvency proceedings

Rules permitting the failure of a business or the withdrawal or revocation of an authorisation due to the unreliability of the trader resulting from disorderly financial circumstances shall be found during a period of Insolvency proceedings, during the period in which security measures are ordered in accordance with § 21 of the Insolvency Code, and during the supervision of the performance of a bankruptcy plan (§ 260 of the Insolvency Code), no application in relation to the business, which is the Time of application for the opening of insolvency proceedings has been exercised. This shall not apply to a self-employed activity of the trader released pursuant to Article 35 (2), first sentence, of the Insolvency Code, if its unreliability is based on facts which have occurred after release. Unofficial table of contents

§ 13 Test Clause

The State Governments are empowered to adopt, by means of a regulation to test simplified measures, in particular in order to facilitate business start-ups and operations, derogations from the provisions of the Regulation To allow professional training schemes under this Act and the legal regulations based on them, insofar as these professional exercise arrangements are not based on binding provisions of European Community law and the effects of the exceptions to the territory of the country in question. Unofficial table of contents

Section 13a Display of the cross-border provision of services in regulated professions

(1) Who, as a national of a Member State of the European Union or of a State Party to the Agreement on the European Economic Area, is engaged in a commercial activity, the taking up or pursuit of which under German law is a subject of a substantive or technical competence; or In the case of proof of proof of establishment and the exercise of which he is legally established in one of these States, only temporarily and occasionally intending to exercise it, this intention has previously been written in writing for the recognition of the Professional qualification competent public body, with the addition of the competent authority referred to in paragraph 5 (2) The activity may be provided immediately after notification, provided that the conditions laid down in paragraph 1 are met and that the activity in question does not require an examination of the professional qualification. The competent public authority shall issue an acknowledgement of receipt indicating whether the conditions laid down in paragraph 1 are met and whether the verification of professional qualifications is necessary. If the professional qualification is verified, the competent public authority shall inform the service provider within one month of receipt of the notification and of the complete dossier on the result. In the event of a delay, the competent public authority shall inform the service provider of the reasons for the delay and of the timetable for a decision. The decision shall be taken no later than two months from the date of receipt of the complete dossier. Where there are doubts as to the authenticity of the certificates and evidence of formal qualifications or the rights conferred on them, the period of expiry of the period of verification of authenticity or of the rights conferred by it shall be the result of a request at the (3) The verification that there is a significant difference between the professional qualification of the service provider and the training required in the country shall be given by the competent authority. Public authority to the service provider within one month of the information on the outcome of the verification shall be given the opportunity to demonstrate the knowledge and skills necessary for a sufficient professional qualification, in particular through an aptitude test. (4) The competent authority shall keep the information in the (5) The following documents must be submitted on the first display:

1.

proof of nationality;

2.

proof of the right of establishment for the performance of the activities in question in one of the States referred to in paragraph 1 and proof that the exercise of those activities is not prohibited, including on a temporary basis;

3.

in the case of commercial activities within the scope of the Weapons Act, the Explosives Act, the Federal Hunting Act, the German Armed Forces Act and § 34a of the Commercial Code, proof that there are no criminal records;

4.

a)

provided that the profession in the State of establishment is bound by laws, regulations and administrative provisions to the possession of certain professional qualifications, proof of professional qualifications, otherwise

b)

proof that the activity in the State of establishment has been carried out for at least two years during the previous 10 years;

5.

proof of an insurance cover or other type of individual or collective protection with regard to professional liability, provided that such protection is also required for the activity in question by nationals of the Member States.

(6) If there is a substantial change in circumstances relating to the conditions for the provision of services, the amendment shall be notified in writing and shall be proved by documents. Otherwise, the ad shall be repeated informally every twelve months since the last indication, as long as the further provision of services is intended. (7) The rules shall apply to employees of a commercial establishment as referred to in paragraph 1; in so far as they are required to provide proof of proof of material or of a certificate of establishment. Unofficial table of contents

Section 13b Recognition of foreign documents and certificates

(1) Insofar as the reliability or the financial condition of a person must be considered in accordance with this Act or by a regulation adopted pursuant to this Act, it shall be considered as proof of the reliability and the orderly conduct of the person. Capital ratios of traders from another Member State of the European Union or of another State Party to the Agreement on the European Economic Area, to be recognised as sufficient in the Member State of origin and the evidence that the requirements for reliability and orderly The assets of the trader shall be fulfilled. It may be required that the documents be submitted in certified copy and certified German translation. Where such documents are not issued in the State of origin, they may be replaced by an insurance scheme in lieu of the trader or similar acts in accordance with the law of the State of origin. (2) Where this law or a legal regulation adopted pursuant to this Act requires proof that a trader is liable for liability against the financial risks of his/her professional activity, is from a trader from another Member State of the European Union or any other Contracting State of the Agreement on the European Economic Area as proof of a certificate of professional indemnity insurance as sufficient to be recognised by a credit institution or an insurance undertaking in another the Member State or State Party has been issued, provided that the professional indemnity insurance completed in that State is substantially comparable to that required by nationals, with regard to the purpose of the insurance scheme, the coverage of the insured risk, the insurance sum, and possible exceptions to the coverage. In case of only partial equivalence, an additional security may be required, which safeguards the uncovered risks. (3) Paragraph 2 shall not apply insofar as activities in accordance with § § 30, 31, 33c, 33d, 34, 34a, 34c (1) sentence 1, point 2, § § 34d, 34e, 34f, 34h or according to § 60a. Unofficial table of contents

§ 13c Recognition of foreign certificates of competency

(1) The proof of an examination or information required under the trade regulations shall be recognized abroad of qualifications and qualifications obtained by a competent authority in the country of training; if

1.

the qualification or training certificate acquired abroad and the corresponding national qualification or training certificate are evidence of the ability to carry out a comparable professional activity,

2.

in the case of a professional activity regulated in the State of training, the person submitting the application is entitled to pursue that professional activity in the country of training, and

3.

there are no significant differences between the proven foreign professional qualifications and the corresponding national vocational education and training.

(2) The subject areas on which these evidence are based substantially differ from those set out in the relevant industrial regulations and are the same as those laid down by the person submitting the application in the course of their professional practice. If the knowledge acquired does not differ, then permission to take up the desired activity shall be granted by the successful participation in a complementary examination of the subject-matter (specific to those subject areas) (specific Expert examination) or supplementary information covering these matters (supplementary information). The requirements and procedures laid down in the relevant industrial regulations apply to the specific examination and the supplementary information. (3) In the case of the desired activity in accordance with the commercial order, the following shall apply: In the event of an examination by the applicant, the person concerned shall be able to take part in supplementary information, in accordance with the choice of the person concerned, in place of the specific examination, provided that the evidence of formal qualifications is provided by another Member State of the European Union or of a State Party to the Agreement on the European Union The Economic Area has been issued and the relevant industrial regulations do not provide for otherwise. This shall also apply to evidence issued by a third country, provided that such evidence has been recognised by a State referred to in the first sentence and that State shall have at least three years ' professional experience in respect of the person applying the application in question. of the desired activity. The measures referred to in the first sentence shall be designed so as to permit an assessment of qualifications comparable to the examination of the subject-matter. If information is provided for the intended activity in accordance with the commercial order, the person submitting the application may, if required, take a specific examination of the subject matter of the supplementary information. (4) The application for recognition shall be the following documents shall be attached:

1.

a tabular list of the training courses and the activities carried out,

2.

proof of identity,

3.

training qualifications acquired abroad,

4.

Evidence of relevant professional experience and other evidence of formal qualifications,

5.

a certificate certifying that the person submitting the application is entitled to exercise the profession, provided that the profession is regulated in the State of training;

as far as this is necessary for the assessment. The taking up and pursuit of the activity shall, moreover, take place in accordance with the conditions in force in Germany. In particular, proof may be required of the person submitting the request to allow conclusions to be drawn as to their reliability, the existence of an ordered balance of assets and the means or collateral required, provided that this is done in the for the purposes of each of the relevant industrial regulations. The competent authority may request the person submitting the application to provide, within a reasonable period of time, information on the content and duration of the vocational training completed abroad and on other professional qualifications, to the extent that this is the case. Assessment of equivalence is required. Section 13b (1), second sentence, shall apply. (5) The competent authority shall confirm the receipt of the documents to the person submitting the request within one month and shall indicate, where appropriate, that documents are missing. The examination of the application for recognition must be completed no later than three months after the submission of the complete dossier. This period may be extended by one month in duly substantiated cases. The extension of the deadline shall be notified to the person submitting the request in good time and stating the reasons for the extension. If there are reasonable doubts as to the authenticity or the correctness of the documents submitted or the rights conferred on them, or if the competent authority requires further information, it may request the person submitting the application to submit further appropriate documents within a reasonable period of time. In so far as the documents have been issued in a Member State of the European Union or a State Party to the Agreement on the European Economic Area, the competent body may also contact the competent body of the training State . The term "Fristablauf" is inhibited. (6) The Professional Qualification Order Act, with the exception of § 17, is not applicable.

Title II
Stationary

I.
General requirements

Unofficial table of contents

§ 14 Display obligation; authorizing the regulation

(1) Those who start the self-employment of a standing business, a branch or an independent branch shall indicate this to the competent authority at the same time. The same shall apply where:

1.

the operation will be relocated,

2.

the subject-matter of the trade is changed or extended to goods or services which are not commercially available in the case of trade undertakings of the type declared, or

3.

the operation is abandoned.

Where the operation of the holding is clearly defined and the logoff is not effected within a reasonable period of time, the authority may decide to cancel it on its own account. (2) Paragraph 1 shall also apply to the trade in medicinal products, with lots of Lotteries and plays, as well as with reference and share certificates, on such lots and for the operation of wagering points of all kinds. (3) Anyone who operates the installation of vending machines of any kind as a self-employed business must have the notification with the competent the authority of its principal place of business. The trader shall be obliged, at the time of drawing up of the vending machine, to show the surname with at least one written first name, his address-capable address and the address of his principal place of business at the machine . A trader for which a company is registered in the commercial register shall also have its firm affixed in the manner set out in the second sentence. If the name of the trader is to be seen from the company with a given first name, it is sufficient to affix the company. (4) The financial authorities shall inform the competent authorities of the conditions laid down in Article 30 of the German Tax Code. of entrepreneurs within the meaning of Section 5 of the Trade Tax Act, if their tax liability is to be granted; to be notified are merely the name and operational address of the entrepre and the day on which the tax liability ended. The obligation to provide information does not exist, insofar as its fulfilment would be associated with a disproportionate effort. (5) The data collected may only be used for the purpose of monitoring the exercise of the trade and statistical surveys. The name, address and activity of the trader may be made available to the trader in general. (6) Public authorities, insofar as they do not participate in the competition as public-law undertakings, may: Data subject to the purpose of paragraph 5, first sentence, to the extent that:

1.

a regular data transfer as referred to in paragraph 8 is permitted;

2.

the knowledge of the data is necessary to avert a current threat to public safety or serious harm to the common good; or

3.

the recipient could only collect the data from the trader with disproportionate effort or from such data collection in accordance with the nature of the task for which the knowledge of the data is required, and no such data collection shall be required The reason for the assumption is that the trader's legitimate interest outweighs the trader's interest.

In the case of the transfer of data within the administrative units to which the competent authorities responsible for the receipt of the complaint and the supervision of the commercial exercise belong, the first sentence shall apply. (7) Public authorities, insofar as they are: public-law undertakings participate in the competition, and non-public bodies may be provided with data subject to the earmarking referred to in the first sentence of paragraph 5 if the addressee has a legal interest in the knowledge of the provides credible data, and there is no reason to believe that the protection worthy of (8) The competent authority may regularly transmit data from the trade show to:

1.

the Chamber of Commerce and Industry to carry out the tasks referred to in § § 1, 3 and 5 of the Law on the Interim Regulation of the Law of Chambers of Industry and Commerce and the tasks assigned to it pursuant to Article 1 (4) of the same Act,

2.

the Chamber of Crafts for the Perception of the Tasks referred to in § 91 of the Rules of Crafts, in particular those assigned to it by § § 6, 19 and 28 of the Craft Code and other tasks entrusted to it by law,

3.

the national authority responsible for the protection of immission to the implementation of occupational safety and immission regulations,

3a.

the national authority responsible for the technical and social protection of employment, including the protection of remuneration in accordance with the home employment law, in order to carry out its tasks,

4.

the competent authority under national law to carry out the tasks laid down in the measuring and calibration law and in the legal regulations adopted pursuant to the law on measurement and calibration,

5.

the Federal Employment Agency (Bundesagentur für Arbeit) for the performance of the tasks referred to in § 405 (1) in conjunction with Section 404 (2) of the Third Book of the Social Code and the tasks referred to in the Workers ' Act of Law,

6.

the German Social Accident Insurance e. V. solely for the purpose of forwarding to the competent professional association for the performance of the tasks assigned to it by law,

7.

the authorities of the customs administration for the performance of the tasks assigned to them in accordance with the Schwarzarbeitspesticides Act, in accordance with section 405 (1) in conjunction with section 404 (2) of the Third Book of the Social Code and under the Employees ' Act on Injunctions,

8.

the register court, in so far as it is the logoff of a principal or branch registered in the register of trade and cooperatives, for measures to establish the accuracy of the trade register in accordance with section 388 (1) the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction or the Register of Cooperatives in accordance with Section 160 of the Law concerning the Cooperatives of the Acquisition and Economic Cooperatives,

9.

the statistical offices of the countries for the management of the statistical register in accordance with the first sentence of Article 1 (1) of the Statistics Register Act, in the cases referred to in the second sentence of paragraph 1, point 1 and 2,

10.

the food monitoring authorities in the Member States implementing food law provisions.

The transmission of the data shall be limited to what is necessary for the purpose of carrying out the tasks referred to in the first sentence. § 138 of the Tax Code shall remain unaffected. (9) In addition, transfers of the data collected pursuant to paragraphs 1 to 4 shall only be admissible in so far as knowledge of the data is necessary for the prosecution of criminal offences or a special law (10) The establishment of an automated procedure enabling the retrieval of data from the trade display shall be permitted only if it is technically ensured that:

1.

the retrieving body cannot modify the data stored at the competent authority; and

2.

a call by a body referred to in paragraph 7 is only possible if the retrieving body has indicated either the name of the trader or the business address of the trader; the retrieval of data using incomplete information Query data or the search using a similar function can be allowed.

(11) The establishment of an automated procedure enabling the retrieval of data subject to the purpose limitation referred to in the first sentence of paragraph 5 shall be permitted only where:

1.

this is appropriate because of the frequency or the need for access to the trader and taking into account the legitimate interests of the trader,

2.

the data kept available for retrieval may be required for the purposes or business purposes of the recipient; and

3.

it is technically ensured that data may be obtained by places other than those referred to in paragraph 8 only if the intended purpose for which the call is made and the reference number or other name of the operation for which the call is made, the call is being made.

The data recipients and the uses for which they are authorised shall be drawn up in writing by the head of the administrative unit. The competent authority shall record the calls, including the intended uses and the names of the job. The protocols must enable the persons responsible for the individual calls to be established. An at least random protocol evaluation shall be ensured by the storage location. The protocol data may be used only for checking the admissibility of the calls and shall be deleted after six months. (12) Data subject to the purpose limitation referred to in the first sentence of paragraph 5 may be used by the consignee only for the purpose for which he/she is responsible for the purpose of: (13) The trade advertisements referred to in the first sentence of the first and second sentences of paragraph 2 shall be subject to monthly surveys carried out as federal statistics. The statistics provided for in the first sentence shall serve as the basis for information on economic, competition and structural policies. There is a duty to provide information for the surveys. Notifiers who fulfil the obligation to provide information by repayment of the notification are subject to the obligation to provide information. The competent authority shall, on a monthly basis, send the data as survey or auxiliary characteristics to the statistical offices of the countries required for the guidance of the statistics referred to in the first sentence. The statistical offices of the Länder are allowed to provide information on the registered name of the holding with legal form and on behalf of the holder for the determination of the legal form until the conclusion of the legal form until the conclusion of the legal form according to § 12 (1) of the Federal Statistics Act shall be evaluated. In addition, they may ask for details of the activity notified directly to the parties responsible for providing information, in so far as the activity reported is otherwise provided by the economic activities listed in Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Council. of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on certain statistical domains (OJ L 378, 27.12.2006, p. EU No (14) The Federal Ministry for Economic Affairs and Energy shall, with the consent of the Federal Council, adopt by means of a regulation in order to ensure the proper performance of the The notification requirement referred to in paragraph 1, the data transfer arrangements referred to in paragraph 8, and the management of the statistics referred to in paragraph 13, shall be subject to detailed rules. The Regulation

1.

shall determine in particular the information required in the advertisements referred to in paragraph 1,

2.

may order the use of forms for the display of a trade, determine the design of the forms by means of samples, and specify how and in what number the forms shall be completed,

3.

may lay down framework requirements for electronic data processing and transmission,

4.

, which data are to be transmitted for the task of the bodies referred to in the first sentence of paragraph 8, and

5.

shall determine the data to be transmitted to the statistical offices of the countries as the reference and auxiliary characteristics for the statistics referred to in the first sentence of paragraph 13.

Footnote

(+ + + § 14: For non-application cf. § 4 + + +)
(+ + + § 14: For application, see § 158 + + +) Unofficial table of contents

§ 15 receipt of receipt, operation without authorisation

(1) The Authority shall certify within three days the receipt of the advertisement. (2) If a trade which requires a permit, licence, concession or authorization (authorisation) is required without this authorisation, the Authority may: Continuation of the operation is prevented by the competent authority. The same applies if a trade is started by a foreign legal person whose legal capacity is not recognised domestily.

II.
Requirement of special supervision or authorisation

A.
Installations in need of special surveillance

Unofficial table of contents

§ § 16 to 28 (omitted)

B.
Traders in need of special authorisation

Unofficial table of contents

§ 29 Information and retrospective

(1) trader or other persons,

1.

who require permission in accordance with § § 30, 31, 33a, 33c, 33d, 33i, 34, 34a, 34b, 34c, 34d, 34e, 34f or 34h,

2.

which are publicly appointed in accordance with Section 34b (5) or (36),

3.

who operate a business in need of surveillance within the meaning of Section 38 (1),

4.

, an under-sawing procedure pursuant to § 35 or § 59 has been opened or completed

5.

who operate a trade in accordance with Section 18 (1) sentence 1 of the German Cultural Goodness Return Act.

(Concerned persons) shall, at the request of the competent public authority, give the oral and written information necessary for the supervision of the business operation free of charge. (2) The agents shall be empowered to: The purpose of the monitoring is to enter land and business premises of the person concerned during normal business hours, to carry out inspections and surveys, to have the business documents submitted and to be included in the inspection. In order to prevent urgent risks to public security or public order, the land and premises may also be entered during the day outside the period referred to in the first sentence, and during the day, even if at the same time they are used for residential purposes. The persons concerned may refuse to provide information on such matters, the answers to which may be answered by the person concerned or one of the questions referred to in Article 383 (1) of the Basic Law. No 1 to 3 of the Code of Civil Procedure (4) The provisions of paragraphs 1 to 3 shall also apply where facts justify the assumption that a legitimate, surveillance-in-the-face need or under-trade. Unofficial table of contents

§ 30 Private hospitals

(1) Entrepreneurs of private and private hospital and private hospital clinics require a concession from the competent authority. The concession shall be refused only if:

1.

the unreliability of the entreprity in relation to the management or administration of the institution or clinic,

1a.

the existence of facts which make sufficient medical and nursing care available to patients to be considered unwarranted,

2.

in accordance with the descriptions and plans to be submitted by the trader, the construction and other technical facilities of the institution or clinic do not meet the requirements of health policy,

3.

the institution or clinic is to be housed only in one part of a building which is also inhabited by other persons and which, through its operation, may cause serious disadvantages or dangers to the roommates of this building; or

4.

the institution or clinic is intended for the reception of persons suffering from contagious diseases or of mentally ill persons and, through their local situation, cause significant disadvantages or dangers to the owners or residents of the neighbouring land can.

(2) Before issuing the concession, the Ortspolizei and the municipal authorities shall be consulted on the questions referred to in paragraph 1 (3) and (4). Unofficial table of contents

§ 30a

(dropped) Unofficial table of contents

§ 30b

(dropped) Unofficial table of contents

§ 30c (omitted)

Unofficial table of contents

Section 31 Surveillance Trades on seagoing ships; Regulation empowerment

(1) Those who wish to guard the life or property of foreign persons on seagoing ships on the seagoing level of the limitation of the German exclusive economic zone for the defence of external dangers are subject to the authorisation. (2) The authorisation shall be granted by the Federal Office for Economic Affairs and Export Control, in consultation with the Federal Police. It shall be temporary and may be subject to conditions as far as it is necessary for the protection of the general public or the contracting authority, and subject to the same conditions, the subsequent inclusion, modification or addition of conditions shall also be subject to conditions. allowed. The authorisation shall be refused in consultation with the Federal Police if the applicant

1.

does not meet the requirements of the operational organisation and procedures, in particular the measures to ensure the professional and personal suitability and reliability of the persons employed,

2.

does not meet the requirements of the management and the person entrusted with the management of the establishment or a branch with regard to the professional and personal suitability and reliability of the business; or

3.

does not provide proof of an insurance liability insurance.

§ 34a (1) to (4) shall not apply; Section 34a (5) shall apply accordingly. (3) For official acts of the Federal Office for Economic Affairs and Export Control in connection with the approval of surveillance companies on seagoing ships in accordance with the paragraphs 1, 2 and 7 charges and charges are levied. The Federal Ministry of Economics and Energy, in agreement with the Federal Ministry of the Interior, may, without the consent of the Federal Council, determine the fee levels and the fee for the official acts by means of a regulation of the Federal Ministry of the Interior without the consent of the Federal Council. fixed rates, also in the form of time fees, or framework rates. The rates shall be calculated in such a way as to cover all personnel and material expenses associated with the official acts. The costs incurred by the federal police as a result of the involvement in the authorisation procedure referred to in paragraph 2 shall also be included in the personnel and material costs to be covered by the fees. In addition to the administrative burden, the economic value calculable in money can be taken into account appropriately for the fee debtor. The level of charges shall not be disproportionate to the official act. For reasons of public interest or equity, a lower fee may be determined as the fee provided for in sentences 3 to 5 or a waiving of fees. In the regulation, expenses can also be determined by way of derogation from § 10 of the Administrative Cost Act. (4) The Federal Ministry of Economic Affairs and Energy may, in agreement with the Federal Ministry of the Interior and the Federal Ministry of Transport, and digital infrastructure through legal regulation without the consent of the Federal Council

1.

lay down the requirements and the procedure for the authorisation referred to in paragraph 1 and the duration of the authorisation,

2.

lay down the requirements for the security company with regard to operational organisation and procedures, technical equipment and measures to ensure compliance with the flag State's provisions on arms law, and the port and coastal states,

3.

in order to protect the general public and the contracting entities, lay down rules on the scope of the powers and obligations in the exercise of the monitoring activities referred to in paragraph 1, in particular on:

a)

the obligations of the security undertaking in the selection and recruitment, employment and training activities of the persons employed in the performance of the surveillance tasks referred to in paragraph 1, the requirements for which such persons shall be subject , in particular as regards training, professional knowledge and skills, professional experience, suitability and reliability of such persons, and the organisational measures required to ensure compliance with these Ensure compliance with the requirements of the monitoring company,

b)

the obligation of the guarding company to keep books, to record the necessary data relating to individual transactions as well as the contracting entities, to keep the books and records and, on request, to the Federal Office for Economic Affairs and the Federal Republic of Germany export control,

c)

the obligation of the security company to display surveillance operations at the Federal Office for Economic Affairs and Export Control, to carry out reports on the operations and to draw up operational reports and to report them to the Federal Office for Economic Affairs and Export Control as well as to the client and to report on incidents, in particular the use, loss or replacement of weapons, to the Federal Office for Economic Affairs and Export Control, the Federal Police and the contracting authority,

d)

the obligation of the security company to indicate to the Federal Office for Economic Affairs and Export Control a change of the persons charged with the management of the establishment or a branch, and to provide information on these persons, and to indicate changes in the operational organisation and procedures; and

e)

informing the Federal Office of Economics and Export Control by courts and public prosecutors of legal measures to be taken against security undertakings and their employees entrusted with the monitoring tasks referred to in paragraph 1;

4.

the extent and the content of the liability insurance required pursuant to the third sentence of the third sentence of paragraph 2, in particular the amount of the minimum amounts of insurance, the provision of the competent authority within the meaning of section 117 (2) 1 of the Insurance Contract Law of 23 November 2007 (BGBl. 2631), as last amended by Article 2 (79) of the Law of 22 December 2011 (BGBl). 3044), on the proof of the existence of liability insurance, the disclosure requirements of the insurance undertaking vis-à-vis the Federal Office for Economic Affairs and Export Control and the policyholders, and the Recognition of liability insurance completed in the case of insurers empowered to operate outside the scope of this law; and

5.

lay down the requirements and procedures for the recognition of authorisations from other States.

The Federal Ministry of Economic Affairs and Energy may transfer the authorization provided for in the first sentence in whole or in part to the Federal Office for Economic Affairs and Export Control by means of a legal regulation to ensure compliance with the rules of the agreement; Legal regulations of the Federal Office of Economics and Export Control require only the agreement of the Federal Police Presidium and the Federal Maritime and Hydrographic Office in accordance with the first sentence of the German Federal Office for Economic Affairs and Export Control. Legal regulations according to sentences 1 and 2 require the consent of the Bundestag. If the Bundestag has not dealt with it after the expiry of three weeks of proceedings since the receipt of the legal regulation, the approval shall be deemed to have been granted. (5) The Federal Office for Economic Affairs and Export Control and the Federal Police shall also be allowed to Request information, including personal data, to the extent necessary for the performance of the tasks referred to in paragraph 2. The Federal Office for Economic Affairs and Export Control and the Federal Police may only use the information provided within the framework of the statutory task performance referred to in paragraph 1. The Federal Office of Economics and Export Control shall inform the Federal Office of Maritime Navigation and Hydrography or the Federal Office for the Navigation of the Sea by means of a legal regulation pursuant to § 3 (2) or § 9 (1) (7) of the Maritime Task Act, as amended by the Federal Office for Economic Affairs and Export Control. Notice of 26 July 2002 (BGBl. 2876), as last amended by Article 2 of the Law of 22 December 2011 (BGBl). 3069), the authorisation of security undertakings, amendments, termination and other facts relating to the authorisation procedure, as far as this is necessary for the performance of the tasks (6) The Federal Office of Economics and Export Control shall publish and regularly update on its website a list of the surveillance companies approved in accordance with paragraph 1, including: your address, telephone number and e-mail address or fax number; (7) The Federal Office of Economics and Export Control, in connection with the implementation of § 31, is also responsible for the implementation of § 15 (2), § § 29, 46 (3) and § 47 (§ § 47). Responsible. Unofficial table of contents

§ § 32 and 33 (omitted)

Unofficial table of contents

§ 33a Schaupositions of persons

(1) Those who wish to organise the display of persons in their premises on a commercial basis or to provide their business premises for the event shall be subject to the authorization of the competent authority. This does not apply to performances with a predominantly artistic, sporty, acrobatic or similar character. Permission may be granted with a time limit and may be subject to conditions as far as this is necessary for the protection of the general public, the guests or the inhabitants of the premises or the neighbouring land against hazards, significant disadvantages or Under the same conditions, the subsequent inclusion, amendment and amendment of conditions shall also be allowed. (2) The permission shall be refused if:

1.

justify the assumption that the applicant does not possess the reliability required for the commercial operation;

2.

It is to be expected that the show will run counter to the good morals, or

3.

the commercial establishment, with a view to its local location or the use of the rooms, is contrary to the public interest, in particular harmful environmental effects within the meaning of the Federal Immission Control Act, or otherwise significant disadvantages, Risks or harassment may be feared for the general public.

Unofficial table of contents

§ 33b Tanzlustbilities

The holding of dance lustbilities is governed by the provisions of the law. Unofficial table of contents

§ 33c Playing equipment with profit possibility

(1) Those who wish to set up game devices which are equipped with a technical device influencing the performance of the game and which offer the possibility of a profit, shall require the authorization of the competent authority. Permission shall only be granted for the installation of game devices whose construction is approved by the Physikalisch-Technische Bundesanstalt (Physikalisch-Technische Bundesanstalt). It may be accompanied by conditions, including with regard to the place of installation, in so far as this is necessary for the protection of the general public, the guests or the inhabitants of the respective premises or the neighbouring land or in the interest of the protection of minors. , and subject to the same conditions, the subsequent inclusion, amendment and amendment of conditions shall also be allowed. (2) The permission shall be refused if:

1.

(a) the evidence justifies the assumption that the applicant does not possess the reliability required for the establishment of a game set; the reliability required does not, as a general rule, have the necessary reliability in the last three years before the date of the Application for a crime, theft, embezzling, extortion, hehlery, money laundering, concealment of unlawfully acquired assets, fraud, infidelity, unauthorised event of a gambling, involvement in the illicit Gambling, or because of a failure in accordance with § 27 of the German Youth Protection Act has been legally convicted,

2.

the applicant does not have a certificate issued by a Chamber of Industry and Commerce to inform him that he has been informed of the knowledge of the protection of players and minors required for the exercise of the trade, or

3.

the applicant does not demonstrate that he has a social concept of a publicly recognised institution, which sets out the measures to be taken to prevent the social-damaging effects of gambling.

(3) The trader shall only place game equipment within the meaning of paragraph 1 if the competent authority has confirmed in writing that the place of installation is the implementing provisions adopted on the basis of section 33f (1) (1) . Where equipment is to be set up in a restaurant, the confirmation shall indicate whether this is to be done in a catering or catering business or in a tourist accommodation facility. In relation to the trader and the person in whose holding a player has been set up, the competent authority in whose district the equipment has been set up may issue orders in accordance with the provisions of the third sentence of paragraph 1 . The adjuster may employ only persons who fulfil the conditions laid down in paragraph 2 (2) with the installation of a game set. Unofficial table of contents

§ 33d Other games with profit possibility

(1) Those who wish to organise another game with a profit possibility shall require the authorization of the competent authority. Permission may be granted with a time limit and subject to conditions, insofar as this is necessary for the protection of the general public, the guests or the residents of the premises or the neighbouring properties or in the interest of the protection of minors. (2) The permission may only be granted if the applicant is in possession of a document issued by the Federal Criminal Police Office (Bundeskriminalamt) Safety certificate or an impression of the safety certificate (3) permission shall be refused if the facts justify the assumption that the applicant or the trader in whose holding the game is to be organised is the one required for the event of other games Reliability is not available. Section 33c, paragraph 2, point 1, second half-sentence shall apply. (4) The authorization shall be withdrawn if it was not known when it was issued that the facts of the kind referred to in paragraph 3 were available. Permission shall be revoked if:

1.

the facts of the type referred to in paragraph 3 have occurred,

2.

the game is organized by way of derogation from the approved conditions, or

3.

the certificate of safety has been withdrawn or revoked.

(5) The permission may be revoked if during the event of the game one of the conditions contained in the permission has not been observed or has been violated by § 6 of the Youth Protection Act. Unofficial table of contents

§ 33e Type approval and safety certificate

(1) The approval of the design of a gaming machine or its rebuilding equipment and the safety certificate for other games (§ § 33c and 33d) are to be refused if there is a risk that the player will suffer unreasonably high losses in a short period of time suffers. For other games within the meaning of § 33d, the safety certificate may also be denied if the game is performed by changing the game conditions or by changing the game facility with simple means as gambling in the sense of § 284 of the Criminal Code. A reason for failure within the meaning of the second sentence shall be the case in particular where:

1.

it is a card, dice or ball game derived from a gamble within the meaning of Section 284 of the Criminal Code, or

2.

the game cannot be operated economically after the conditions submitted for examination.

(2) The authorisation shall be wholly or partly subject to the withdrawal or revocation of the certificate of safety if it is known facts which would justify its failure, or if the applicant has approved equipment to which the certificate is to be issued. (3) The approval and the safety certificate may be issued with a certificate and subject to conditions. (4) In the case of standard-produced games according to § 33d if the certificate of safety is issued for the game submitted and for copies of the certificate, an impression of the safety certificate shall be issued. Unofficial table of contents

Section 33f Authorisation to adopt implementing provisions

(1) The Federal Ministry for Economic Affairs and Energy may, in agreement with the Federal Ministry of the Interior, the Federal Ministry of Health and the Federal Ministry for Family Affairs, Senior Citizens, Women and the Federal Ministry of the Interior, Youth and with the approval of the Federal Council by means of a regulation on the control of the actuation of the game drive, the protection of the general public and the players as well as in the interest of the protection of minors

1.

restrict the setting-up of game equipment or the organisation of games to specific industries, establishments or events, and limit the number of game equipment or other games organised in one holding,

2.

adopt rules on the scope of powers and obligations in respect of the exercise of the trade,

3.

requirements for the authorisation or the issue of the safety certificate shall be submitted to:

a)

the way in which the game is going,

b)

the nature of the profit,

c)

the maximum use and the maximum profit,

d)

the ratio of the number of games won to the number of games lost,

e)

the ratio of use to profit at a certain number of games,

f)

the minimum duration of a game,

g)

the technical design and labelling of the equipment;

h)

personal identification means which the player has to use in order to enable the game to be operated on a game device, in particular its output, activation, validity and security features;

i)

the notification of the rules of the game and of the winning plan and the holding of the certificate of approval or of the certificate of registration, the certificate of approval, the certificate of safety or the copy of the certificate of safety,

4.

adopt rules on the extent of the trader ' s obligations, in the course of which the gaming machine is to be set up or the game is to be organised,

5.

determine the requirements for the proof of accommodation in accordance with Section 33c (2) (2) and the procedure for this proof as well as exceptions to the obligation to provide proof.

(2) By means of a legal regulation,

1.

The Federal Ministry of Economics and Energy, in agreement with the Federal Ministry of the Interior and with the approval of the Federal Council

a)

the procedure of the Physikalisch-Technische Bundesanstalt (Physikalisch-Technische Bundesanstalt) in the examination and approval of the design of game equipment and in the extension of the installation time of goods game devices, which are held on folk festivals, shelters, or similar events , and which do not require any statistical testing methods for their construction, and

b)

Enact rules on fees and charges for individually attributable public services of the Physikalisch-Technische Bundesanstalt;

2.

the Federal Ministry of the Interior in agreement with the Federal Ministry for Economic Affairs and Energy and with the approval of the Federal Council

a)

the procedure of the Federal Criminal Police Office in the issue of safety certificates and

b)

Regulations concerning the fees and charges for individually attributable public services of the Federal Criminal Police Office.

Unofficial table of contents

§ 33g Restriction and extension of the authorisation

The Federal Ministry of Economics and Energy, in agreement with the Federal Ministries of the Interior and for the Family, Senior Citizens, Women and Youth with the consent of the Federal Council, may, by means of a decree law, determine that:

1.

permission is not required for the event of certain other games within the meaning of section 33d (1) sentence 1, if these games are mainly for entertainment purposes and if there is no public interest in a requirement for permission,

2.

the provisions of § § 33c and 33d also apply to the non-professional installation of game equipment and to the non-professional event of other games in clubs and closed companies in which the habitual play is performed, where there is a public interest in such a scheme.

Unofficial table of contents

§ 33h Game banks, lotteries, gambling

§ § 33c to 33g shall not apply to

1.

the approval and operation of game banks,

2.

the holding of lotteries and performances, with the exception of the trade-related performances of fixed, protective or similar events in which the profit is in the least-valued subject;

3.

the event of other games within the meaning of Section 33d (1) sentence 1, which are gambling games within the meaning of Section 284 of the Criminal Code.

Unofficial table of contents

§ 33i Game halls and similar enterprises

(1) Anyone who wishes to operate an arcade or similar undertaking on a commercial basis, which is exclusively or primarily responsible for the installation of game devices or the event of other games within the meaning of section 33c (1) sentence 1 or section 33d (1) sentence 1 , authorisation shall be required by the competent authority. Permission may be granted with a time limit and may be subject to conditions as far as this is necessary for the protection of the general public, the guests or the inhabitants of the premises or the neighbouring land against hazards, significant disadvantages or Under the same conditions, the subsequent inclusion, amendment and amendment of conditions shall also be allowed. (2) The permission shall be refused if:

1.

the grounds referred to in Article 33c (2) (1) or (3) (33d) (3) are available;

2.

the rooms designated for the operation of the trade do not meet the police requirements because of their nature or situation; or

3.

the operation of the business poses a threat to young people, excessive use of the game drive, harmful environmental effects within the meaning of the Federal Immission Control Act or otherwise unreasonable harassment of the general public, of the neighbours or of the of a body in the public interest.

Unofficial table of contents

Section 34 Pfandleihtrades

(1) If you wish to conduct the business of a pawnbroker or a pawnbroker, you will need the permission of the competent authority. The permission may be subject to conditions as far as this is necessary for the protection of the general public or the pledge; the subsequent inclusion, amendment and amendment of conditions shall also be permitted under the same conditions. Permission shall be refused if:

1.

justify the assumption that the applicant does not possess the reliability required for the commercial operation; or

2.

he or she does not provide the necessary means or guarantees for the commercial operation.

(2) The Federal Ministry for Economic Affairs and Energy may, by means of a regulation with the consent of the Federal Council for the protection of the general public and the pledge, adopt provisions on the scope of the powers and obligations in the exercise of the trade referred to in paragraph 1, in particular:

1.

the scope of the permit,

2.

the acceptance, retention and exploitation of the pledge, the nature and amount of the remuneration for the devotion of the loan and the delivery of the deposit resulting from the exploitation of the pans,

3.

the obligation to take out insurance against fire damage, water damage, theft of burglers and burial, or the obligation to take other measures to safeguard the claims of the borrowers for damage or damage to the market. the loss of the parish,

4.

the obligation to perform accounting, including the recording of data on individual business operations and on the pledge.

It may also determine that these provisions shall apply in whole or in part to pawnies operated in a non-professional manner. (3) (omitted) (4) The commercial purchase of movable property with the grant of the right to buy back shall be prohibited. Unofficial table of contents

§ 34a Surveillance

(1) Anyone who wishes to guard the life or property of a foreign person (guarding industry) shall require the authorization of the competent authority. The permit may be subject to conditions as far as this is necessary for the protection of the general public or the contracting authority, and the subsequent inclusion, amendment and supplementation of conditions shall also be permitted under the same conditions. Permission shall be refused if:

1.

justify the assumption that the applicant does not possess the reliability required for the commercial operation;

2.

it does not provide the necessary means or guarantees for the commercial operation; or

3.

the applicant does not provide proof, by means of a certificate issued by a Chamber of Industry and Commerce, that he has been informed of and is familiar with the legal provisions necessary for the exercise of the trade.

The required reliability is generally not available when the applicant

1.

Member of an association which, according to the association law, was banned as an organization or is subject to an undisputable operating ban under the association law, was and has not yet been 10 years since the termination of the membership have passed, or

2.

Member of a party whose unconstitutionality is the Federal Constitutional Court in accordance with Section 46 of the Federal Constitutional Court Act as amended by the Notice of 11 August 1993 (BGBl. I p. 1473), most recently by Article 3 of the Law of 12 July 2012 (BGBl. 1501), has been and has not been passed since the end of the membership for ten years, or

3.

individually or as a member of an association endeavours within the meaning of § 3 paragraph 1 of the Federal Constitutional Protection Act of 20 December 1990 (BGBl. 2954, 2970), as last amended by Article 2 of the Law of 20 August 2012 (BGBl). 1798), has been pursued, pursued or has been following in the last five years.

The trader may only employ persons who fulfil the conditions laid down in the third and third sentence of the third sentence of the third sentence of the third subparagraph. In order to carry out the following activities, proof of an examination of the subject-matter which has been successfully filed before the Chamber of Industry and Commerce is required:

1.

Control corridors in the public transport area or in areas of domestic law with actually public transport,

2.

Protection against shoplifting,

3.

Guarding in the entrance area of hospitable discotheques.

(2) The Federal Ministry for Economic Affairs and Energy may, with the consent of the Federal Council, by means of a legal regulation

1.

lay down the requirements and the procedure for the detection of the apparatus referred to in the third sentence of paragraph 1, as well as the exceptions to the need for proof of accommodation,

2.

specify the requirements and the procedure for the examination of the subject-matter referred to in the sixth sentence of paragraph 1, as well as the exceptions to the necessity of the examination of the subject-matter, and

3.

for the protection of the general public and the contracting entities, lay down provisions on the scope of the powers and obligations in the exercise of the surveillance profession, in particular on:

a)

the scope of the permit,

b)

the obligations of the trader in the recruitment and dismissal of the persons employed in the security sector, the recording of the data of these persons by the trader and their transmission to the commercial authorities, through which: requirements to which these persons must meet, and on the implementation of the security service;

c)

the obligation to conclude liability insurance, for accounting purposes, including the recording of data relating to individual transactions, and to the contracting entities,

d)

to inform the competent authority by courts and public prosecutors of legal measures to be taken against traders and their staff entrusted with monitoring tasks,

4.

specify the requirements and procedures necessary for the implementation of Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 327, 30.12.2005, p. EU No OJ L 255, p. 22, 2007 No 18) shall apply to holders of professional qualifications acquired in a Member State of the European Union or of a Contracting State of the Agreement on the European Economic Area, which shall be subject to the surveillance of the national temporarily or permanently.

(3) If, in order to verify the reliability of the security personnel referred to in the first sentence of paragraph 1, information from the Federal Central Register pursuant to section 30 (5), § 31 or unrestricted information pursuant to § 41 (1) (9) shall be provided by the competent authority from the competent authority. The Federal Central Register Act, the result of the review, including the data required for the assessment of the reliability, may be transmitted to the trader. (4) The employment of a person who is in a A surveillance undertaking shall be prohibited from performing surveillance tasks, and may prohibit the trader where facts justify the assumption that the person does not possess the reliability required for their activities. (5) The trader and his/her employees may not be required to carry out surveillance duties with regard to third parties. the rights to be granted to everyone in the event of an emergency, a state of emergency or self-help, the self-help rights conferred on them by the respective contracting authority and, where appropriate, in cases of legal transfer shall exercise responsibility on its own responsibility. In the cases of the use of these rights and powers, the principle of necessity must be observed. (6) (omitted) Unofficial table of contents

Section 34b Auctioning

(1) Those who wish to increase the performance of foreign movable property, foreign land or foreign rights, shall be required to be authorized by the competent authority. The movable property within the meaning of the provision also includes fruit on the stalk and wood on the trunk. (2) (omitted) (3) The permission may be subject to conditions, insofar as this is for the protection of the general public, the contracting authority or the tenderer. , and subject to the same conditions, the subsequent inclusion, amendment and amendment of conditions shall also be allowed. (4) The permission shall be refused if:

1.

(a) the evidence justifies the assumption that the applicant does not possess the reliability required for commercial operation; the reliability required shall not, as a general rule, be such as to have been due in the last five years prior to the date of application of the application of a crime or of theft, embezzling, extortion, fraud, infidelity, money laundering, falsification of the law, hehlery, usury or, for offences against the law against unfair competition, a custodial sentence of a custodial sentence has been condemned, or

2.

the applicant is living in disorderly financial circumstances; this is usually the case if insolvency proceedings have been opened on the applicant's assets or if he is to be included in the list to be held by the executing court (§ 26 para. 2 Article 882b of the Civil Procedure Code).

(5) On request, specially knowledgeable auctioneers, with the exception of legal persons, shall be publicly ordered by the competent authority in general; this shall apply to employees of auctioneers. The order may be made for certain types of auctioning, provided that there is a need for auctioning services. Persons appointed to the public in accordance with the first sentence shall be responsible for ensuring that they carry out their duties in a conscientious, non-refusing and impartial manner. § 36a applies to the appointment of auctioneer with qualifications acquired in another Member State of the European Union or in another State Party to the Agreement on the European Economic Area. (6) Auctioneer shall be prohibited,

1.

or to bid for themselves or to buy auctioning material entrusted to him by others at his auctions,

2.

to allow relatives within the meaning of Section 52 (1) of the Code of Criminal Procedure or its employees to bid on his auctions or to buy him or her entrusted to auction good,

3.

for another on its auctions, or to buy the auction property entrusted to it, unless there is a written bid by the other,

4.

to increase the movement of goods from the circle of the goods which it carries in its commercial business, to the extent that this is not the case,

5.

to increase the number of cases,

a)

where he has a lien, or

b)

as far as they belong to the goods which are offered in open sales outlets and which are not used or whose intended use is in their consumption.

(7) Retailers and producers of goods may, in retail sale to the last consumer, goods which they conduct in their business operations, by auction, only as holders of a auctioneer's licence in accordance with the provisions of the auctioneers in force (8) The Federal Ministry of Economics and Energy may, by means of a regulation with the consent of the Federal Council, taking into account the protection of the general public and the Contracting entities and tenderers shall adopt rules on:

1.

the extent of the powers and obligations in the exercise of the auctioneer's business, in particular:

a)

the place and time of auctioning,

b)

business operations, in particular the acquisition, rejection and implementation of the auctioning,

c)

the approval of auctions, the obligation to repay advertisements and the data to be transmitted to the commercial authorities and chambers of commerce and industry concerning the contracting entity and the underlying auctioning the legal relationship, the accounting, including the recording of data relating to individual transactions, and the contracting entities,

d)

the suspension, suspension and interruption of the auction in the event of infringement of the provisions adopted in respect of the auctioning industry;

e)

Exceptions to the activity of the holder of the authorisation of the provisions of Title III;

2.

Exceptions to the prohibitions provided for in paragraph 6.

(9) (omitted) (10) Paragraphs 1 to 8 shall not apply to:

1.

sales made in accordance with the law by a course broker or by the publicly authorised trading agents,

2.

auctioning carried out by public authorities or by officials;

3.

Auctions, to which tenderers are admitted only to persons who wish to raise goods of the type offered for their business operations.

Footnote

(+ + + § 34b (1), (3), (4) and (6) 7: For non-application, see § 4 + + +) Unofficial table of contents

§ 34c Makler, developer, building supervisor

(1) Anyone who has a commercial

1.

the conclusion of contracts relating to land, equal rights, commercial premises or living quarters, or the opportunity to conclude such contracts,

2.

the conclusion of loan contracts or the opportunity to conclude such contracts;

3.

Construction projects

a)

prepare or carry out as a builder in its own name for own or foreign invoice and use assets of purchasers, tenants, guardians or other persons entitled to use or of applicants for acquisition or use rights,

b)

prepare or carry out economically as a building supervisor in the foreign name for foreign invoice

, requires the authorisation of the competent authority. Permission may be limited in content and subject to conditions as far as this is necessary for the protection of the general public or the contracting authority; under the same conditions, the subsequent inclusion, modification and addition of Conditions allowed. (2) The permission shall be refused if:

1.

(a) the evidence justifies the assumption that the applicant or one of the persons responsible for the management of the establishment or a branch does not possess the reliability required for the commercial operation; the necessary As a general rule, reliability does not have the effect of a crime or theft, embezzling, extortion, fraud, infidelity, money laundering, falsification of documents, hehlery, usury or a criminal offence in the last five years prior to the application of the application for a crime or for theft. insolvency offence has been finally convicted, or

2.

the applicant is living in disorderly financial circumstances; this is usually the case if insolvency proceedings have been opened on the applicant's assets or if he is to be included in the list to be held by the executing court (§ 26 para. 2 Article 882b of the Civil Procedure Code).

(3) The Federal Ministry for Economic Affairs and Energy is empowered to adopt, by means of a regulation with the consent of the Federal Council, provisions concerning the extent of the obligations of the Federal Council for the protection of the general public and the contracting entities. Traders engaged in the pursuit of the business, in particular the obligations

1.

to provide sufficient guarantees or to take out appropriate insurance for that purpose, provided that the trader receives or uses assets of the contracting authority,

2.

to manage the assets of the payer obtained separately,

3.

to take account of the contracting authority after the contract has been executed,

4.

to notify the competent authority of the exchange of persons responsible for the management of the holding or a branch, and to provide certain information,

5.

to provide the contracting authority with information in writing or orally necessary for the assessment of the contract and of the contract to be mediated or to be referred to,

6.

to record books, including the recording of data on individual business operations and on the payer.

In addition, the legal regulation referred to in the first sentence may limit the trader's power to receive and use assets of the payer, insofar as this is necessary for the protection of the contracting entity. In addition, the legal regulation may oblige the trader to have the compliance with the provisions adopted pursuant to the first sentence of the first sentence of 1 to 6 and the second sentence, to be examined on a regular basis and on a special occasion, and for the audit report to be examined. to submit to the competent authority, in so far as it is necessary for effective monitoring, the details of the examination, in particular the date and frequency, the selection, appointment and dismissiation of the auditors, their rights, Obligations and responsibilities, the content of the audit report, which The obligations of the trader to the auditor and the procedure for differences of opinion between the auditor and the trader are regulated. (4) (omitted) (5) The paragraphs 1 to 3 shall not apply to:

1.

Credit institutions for which a permit has been granted in accordance with Article 32 (1) of the Banking Act and for branches of companies within the meaning of Section 53b (1) sentence 1 of the Law on Credit,

2.

Traders who, in order to finance the sale of goods or services to be provided by them, provide for the conclusion of contracts relating to loans or provide evidence of the opportunity to conclude such contracts;

3.

Branches of undertakings established in another Member State of the European Union which, in accordance with Article 53b (7) of the Banking Act, may provide loans between credit institutions in so far as their activity as referred to in paragraph 1 relates to the provision of credit institutions restricted by loans between credit institutions,

4.

Contracts to the extent that part-time use of residential buildings within the meaning of Section 481 of the Civil Code is established or communicated in accordance with the first sentence of paragraph 1 of the first sentence of paragraph 1.

Footnote

(+ + + § 34c (1) sentence 1 no. 1 and 3: For non-application, see § 4 + + +) Unofficial table of contents

Section 34d Insurance intermediaries

(1) Anyone who wishes to obtain the conclusion of insurance contracts on a commercial basis as an insurance broker or as an insurance agent (insurance intermediary) shall require the approval of the competent Chamber of Industry and Commerce. Permission may be limited in content and subject to conditions as far as this is necessary for the protection of the general public or the policyholder, and subject to the same conditions, the subsequent inclusion, modification and Extension of requirements may be allowed. The permit shall indicate whether it is granted to an insurance broker or to an insurance agent. The authorisation granted to an insurance broker shall include the power to give legal advice to third parties who are not consumers in the agreement, amendment or examination of insurance contracts for a separate remuneration; this power to: Advice also extends to employees of companies in cases where the insurance broker advises the company. The Chamber of Commerce and Industry shall be subject to the supervision of the supreme state authority in the performance of the tasks referred to in sentences 1 and 2. (2) The permission shall be refused if:

1.

The evidence justifies the assumption that the applicant does not possess the reliability required for commercial operation, and the reliability required does not, as a general rule, have the necessary reliability in the last five years prior to the application of the application has been convicted of a crime or of theft, embezzling, extortion, fraud, infidelity, money laundering, falsification of documents, hehlery, usury or an insolvency offence, has been finally convicted,

2.

the applicant is living in disorderly financial circumstances; this is usually the case if insolvency proceedings have been opened on the applicant's assets or if he is to be included in the list to be held by the executing court (§ 26 para. 2 the insolvency order, section 882b of the Code of Civil Procedure),

3.

the applicant is unable to provide proof of professional indemnity insurance; or

4.

the applicant does not have a successful examination before the Chamber of Industry and Commerce that he/she has the necessary expertise for insurance mediation on the insurance-related issues, in particular as regards requirements, the forms of supply and the scope of services, the legal basis and the advice of the customer; it is sufficient to provide proof of an adequate number of natural persons employed by the applicant who are responsible for the supervision of the applicant of persons directly involved in the mediation of insurance shall be transferable and shall be authorised to represent the applicant.

On request, the competent authority referred to in paragraph 1 shall exempt a trader who provides the insurance as a supplement to the goods or services delivered in the course of his principal activity, from the authorisation required under paragraph 1 of this Article, if it can prove that

1.

he carries out his activity as an insurance intermediary directly on behalf of one or more insurance intermediaries who are the holders of a permit referred to in paragraph 1, or of one or more insurance undertakings,

2.

for him to have professional indemnity insurance under the conditions laid down in paragraph 2 (3); and

3.

it is reliable and appropriately qualified and does not live in disorderly assets; as proof of this, a declaration of the contracting entities referred to in paragraph 1 shall be sufficient, with the content that they undertake to: To comply with the requirements of § 80 (2) of the Insurance Supervision Act and to ensure the appropriate qualification of the applicant for the placement of the respective insurance, and that nothing to the contrary is currently known to them. is.

The second sentence of paragraph 1 shall apply in accordance with. (4) No authorization shall be required by an insurance intermediary referred to in the first sentence of paragraph 1 if:

1.

he carries out his activity as an insurance intermediary solely on behalf of one or, if the insurance products are not in competition, of several insurance undertakings authorised to operate in the territory of the country; and

2.

The insurance undertaking or insurance undertakings shall assume full liability for the insurance undertaking from its intermediary activities.

(5) No authorization shall be required by an insurance intermediary referred to in the first sentence of paragraph 1 if he is established in another Member State of the European Union or in another State Party to the Agreement on the European Economic Area and the latter is established in another Member State of the Agreement on the European Economic Registration in a register provided for in Article 3 of Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation (OJ L 327, 30.12.2002, p. EC 2003 No 3). (6) The trader referred to in paragraphs 1, 3 and 4 may only employ persons who are involved in the conciliation procedure only if they ensure that those persons are responsible for the placement of the insurance in question. (7) The trader referred to in paragraphs 1, 3 and 4 shall be obliged to register immediately after taking up their duties in the register in accordance with Section 11a (1) of this Regulation. Any substantial changes to the information stored in the register shall be notified to the Registry Authority without delay. In the case of Section 80 (3) of the Insurance Supervision Act, the notification to the register authority shall at the same time take over the full liability of the insurance undertaking in accordance with paragraph 4 (2). This liability does not exist for intermediary activities after deletion of the information on the trader from the register on the basis of a notification pursuant to § 80 (4) of the Insurance Supervision Act. (8) The Federal Ministry for Economic Affairs and Energy may, in agreement with the Federal Ministry of Justice and Consumer Protection and the Federal Ministry of Finance, by means of a legal regulation with the consent of the Federal Council for the implementation of Directive 2002/92/EC, for the implementation of the Directive 2005 /36/EC of the European Parliament and of the Council of 7 September 2005 on the Recognition of professional qualifications EU No OJ L 255, p. 22, 2007 No 18), or to the protection of the general public and policyholders,

1.

the extent of the obligations of the insurance intermediary in the performance of the business, in particular:

a)

the information obligations to the policyholder,

b)

the obligation to provide sufficient guarantees or to take out appropriate insurance for that purpose, provided that the insurance intermediary receives the assets of the policyholder or of the assets of the policyholder, or used

2.

the contents and the procedure for the examination of the substantive examination referred to in paragraph 2 (4), the exceptions to the necessity of the examination of the subject-matter and the equivalence of other professional qualifications with the examination of the subject-matter, the local competence of the Chambers of industry and commerce, the appointment of a task selection committee,

3.

Extent and content-related requirements for the liability insurance required under paragraph 2 (3), in particular the amount of the minimum insurance sums, the provision of the competent authority within the meaning of Section 117 (2) of the Insurance contract law, the proof of the existence of liability insurance and disclosure obligations of the insurance undertaking with regard to the authorities and the policyholders,

4.

the requirements and procedures to be applied for the implementation of Directive 2005 /36/EC to holders of acquired in a Member State of the European Union or of a Contracting State of the Agreement on the European Economic Area Professional qualifications which wish to work temporarily or permanently as insurance intermediaries in Germany and do not fulfil the conditions set out in paragraph 5.

In addition, the legal regulation referred to in the first sentence may limit the power of the insurance intermediary to receive and use the assets of the policyholder or to the assets of the policyholder, in so far as this is not the case. Protection of the policyholder is required. The legal regulation referred to in the first sentence may specify that records must be kept for the fulfilment of the obligations laid down in the first sentence of the first sentence of 1 (1) (b) and that compliance with the obligations set out in point 1 (b) of the first sentence shall be met at the expense of to review insurance intermediaries on a regular or special occasion, and to submit the audit report to the competent authority, in so far as it is necessary for effective monitoring, the details of the audit, in particular: the date and frequency, the selection, appointment and dismise of the examiners, the date and frequency of which Rights, duties and responsibilities, the content of the audit report, the obligations of the insurance intermediary to the auditor, and the procedure in the event of disagreement between the auditor and the insurance intermediary (9) paragraphs 1 to 8 shall not apply

1.

for trader, if:

a)

they do not give insurance to insurance companies,

b)

they only provide insurance contracts for which only knowledge of the insurance cover offered is required,

c)

they do not provide life insurance or insurance cover to cover liability risks,

d)

the insurance represents an additional benefit for the supply of a good or the provision of a service and either covers the risk of a defect, loss of or damage to goods, or damage, loss of luggage or other risks related to a journey booked with the trader, including liability or accident insurance risks, provided that the cover is in addition to the main insurance cover for risks related to that journey is granted,

e)

the annual premium does not exceed EUR 500 and

f)

the total duration, including any renewals, is not more than five years;

2.

for tradesmen who, in the form of a building savings bank or as a builder of a building savings bank, provide insurance under a collective agreement as part of a collective contract as part of the construction savings contracts intended solely for the purpose of: hedge repayment claims of the Bausparkasse from loans granted;

3.

for traders who, acting as a supplementary benefit for the supply of a product or the provision of a service in connection with loan and leasing contracts, provide residual debt, the annual premium of which does not amount to 500 euros exceeds.

(10) The rules for insurance intermediaries shall also apply to reinsurance intermediaries. (11) Paragraphs 1 to 4, 6, 7 and 9 shall not apply to traders who:

a)

may, as a natural person, reside in another Member State of the European Union or of another State Party to the Agreement on the European Economic Area, where he or she is engaged in the activity of insurance mediation; or

b)

as a legal person, their registered office or, if they do not have a registered office in accordance with the national law applicable to them, their head office in another Member State of the European Union or another Contracting State of the Agreement on the European Economic Area.

Unofficial table of contents

§ 34e Insurance adviser

(1) Anyone who wants to advise third parties on insurance companies without having an economic advantage on an insurance undertaking or otherwise dependent on it (insurance adviser) requires the permission of the competent authorities. Chamber of Industry and Commerce. Permission may be limited in content and subject to conditions as far as this is necessary for the protection of the general public or the policyholder; under the same conditions, the subsequent admission, amendment and Extension of requirements may be allowed. The authorization shall include the power to provide legal advice to third parties in the agreement, amendment or examination of insurance contracts or in the performance of claims arising from the insurance contract in the event of an insurance policy and to the Insurance undertakings shall be represented outside of the court. The Chamber of Commerce and Industry shall be subject to the supervision of the supreme state authority in the performance of its duties in accordance with sentences 1 and 2. (2) § 34d (2) and (5) to (8) and (11) as well as the legislation adopted pursuant to Section 34d (8) shall apply. (3) Insurance advisers may not receive a commission of insurance undertakings. The Federal Ministry of Economic Affairs and Energy can, in agreement with the Federal Ministry of Justice and Consumer Protection, with the approval of the Federal Council for the protection of the general public and the policyholders, with the consent of the Federal Council Rules on the prohibition of commissions adopted. The legal regulation referred to in the second sentence may, in particular, determine that compliance with the prohibition on commission acceptance shall be reviewed at the expense of the insurance adviser on a regular or special occasion, and the audit report of the competent the Authority shall be required to submit, in so far as it is necessary for effective monitoring, the details of the examination, in particular its occasion, date and frequency, the selection, appointment and dismissiation of the auditors, their rights, obligations and Responsibility, the content of the audit report, the obligations of the Insurance advisers to the auditor and the procedure for disagreement between the auditor and the insurance consultant. In order to monitor the prohibition of commission acceptance, it may be determined in the legal regulation that the insurance consultant has to keep records of the income from his activity. Unofficial table of contents

Section 34f Financial investment intermediaries

(1) Those who are commercially available in the scope of the scope of the acceptance of Section 2 (6), first sentence, point 8 of the Banking Act

1.

shares or shares in domestic open investment assets, open EU investment assets, or foreign open investment assets that may be sold under the Capital Investment Code;

2.

shares or shares in domestic closed investment assets, closed EU investment assets or foreign concluded investment assets which may be sold under the Capital Investment Code;

3.

Assets in accordance with § 1 (2) of the Property Law

Investment mediation within the meaning of Section 1 (1a) (1) of the Banking Act or investment advisory within the meaning of Article 1 (1a) (1a) of the Banking Act (Financial Anlagenintermediaries) requires the authorization of the competent authority. Permission may be limited or subject to conditions as far as this is necessary for the protection of the general public or investors, subject to the same conditions, the subsequent inclusion, modification and addition of Conditions allowed. The permit referred to in the first sentence may be limited to investment advice and the provision of contracts for the acquisition of individual categories of financial assets under the terms of number 1, 2 or 3. (2) The permission shall be refused if:

1.

(a) the evidence justifies the assumption that the applicant or one of the persons responsible for the management of the establishment or a branch does not possess the reliability required for the commercial operation; the necessary As a general rule, reliability does not apply to those who have been in the last five years before the application for a crime or theft, embezzling, extortion, fraud, infidelity, money laundering, falsification of documents, hehlery, usury or any other insolvency offence has been finally convicted,

2.

the applicant lives in disorderly financial circumstances; this is usually the case where insolvency proceedings have been opened on the applicant's assets or if he is to be led by the insolvency court or the executing court List (§ 26 (2) of the Insolvency Code, § 882b of the Code of Civil Procedure) is registered,

3.

the applicant is unable to provide proof of professional indemnity insurance; or

4.

the applicant does not have a successful examination in the Chamber of Industry and Commerce that he/she has the necessary expertise in the provision of advice and advice on financial assets within the meaning of the first sentence of paragraph 1 and the legal basis as well as the customer advice; the subject-matter is to be proven in the scope of the requested permission.

(3) No need for authorisation referred to in paragraph 1

1.

credit institutions for which a permit has been granted in accordance with Article 32 (1) of the Banking Act, and branches of undertakings within the meaning of Section 53b (1) sentence 1 of the Banking Act,

2.

Capital management companies for which a permit has been granted in accordance with Article 7 (1) of the investment law in the version valid until 21 July 2013, which is for the second sentence of section 345 (2), third sentence, in conjunction with the first sentence of paragraph 2, or the first sentence of the first sentence of the capital investment code, or capital management companies, for which a permit has been issued in accordance with § § 20, 21 or § § 20, 22 of the capital investment code, foreign AIF management companies for which permission has been granted pursuant to Section 58 of the Capital Investment Code and branches of undertakings within the meaning of the first sentence of Article 51 (1), Article 54 (1) or Article 66 (1) of the Capital Investment Code,

3.

Financial services institutions in respect of mediation activities or investment advice, for which they have been granted a permit pursuant to Section 32 (1) of the Banking Act or for which a permit pursuant to Section 64e (2), § 64i (1), § 64m or § § 64e (§ 64i) 64n of the Banking Act shall be deemed to have been granted,

4.

Traders with regard to mediation and advisory activities in accordance with the first sentence of § 2 (10) of the Banking Act.

(4) The trader referred to in paragraph 1 may only employ persons directly involved in the provision of advice and mediation if they ensure that those persons have a proof of proof referred to in paragraph 2 (4) and have verified that they have received a proof of their identity. are reliable. The employment of a person directly involved in the consultation and conciliation procedure may be prohibited to the trader if the facts justify the assumption that the person is in the form of the material or reliability required for his or her work. (5) The trader referred to in paragraph 1 shall be obliged to enter the register referred to in Article 11a (1) without undue delay after commendation of the activity of the authority responsible for the granting of the authorisation, in accordance with the extent of the permit. , as well as changes in the data stored in the register of the (6) The trader referred to in paragraph 1 shall immediately report to the register authority the persons directly involved in the provision of advice and mediation within the meaning of paragraph 4 of this Article without delay after commendation of their duties and to have it registered. Changes to the information stored in the register shall be notified immediately to the register authority. Unofficial table of contents

Section 34g Regulation empowerment

(1) The Federal Ministry for Economic Affairs and Energy, in agreement with the Federal Ministry of Finance and the Federal Ministry of Justice, and the Federal Ministry of Justice and Consumer Protection, has, with the consent of the Federal Council for the Protection of the Protection of the General and investor rules to be adopted on the extent of the trader's obligations in the pursuit of the business of a financial investment intermediary and an honorary financial adviser. The legal regulation shall contain provisions on:

1.

to disclose information obligations to the investor, including a duty, commission and other benefits, and to provide the investor with an information sheet on the financial facility in question;

2.

the information to be collected from the investor, which is necessary to advise the investor in a fair way,

3.

the documentation requirements of the trader, including a duty to draw up advisory protocols and make available to the investor,

4.

the return of the grants by the Honorary Financial Adviser to the investor.

With regard to information, advice and documentation requirements, a level of investor protection comparable to Section 6 of the Securities Trading Act is to be established. (2) The legal regulation may also contain provisions

1.

the obligation to keep books and to record the necessary data relating to individual transactions and to investors,

2.

the obligation to notify the competent authority of any change in the persons responsible for the management of the establishment or a branch, and to provide certain information,

3.

the content and the procedure for the examination of the substantive examination in accordance with Section 34f (2) point 4, the exceptions to the necessity of the examination of the subject-matter examination and the equivalence of other professional qualifications with the examination of the subject-matter of the subject-matter, the competence of the Chambers of Commerce and Industry and the appointment of a task selection committee,

4.

to the extent of the liability insurance required pursuant to § 34f (2) (3), and in particular on the amount of the minimum insurance sum, the determination of the competent authority within the meaning of Section 117 (2) of the Insurance contract law, the proof of the existence of liability insurance and the disclosure requirements of the insurance undertaking with regard to the authorities and investors,

5.

on the requirements and procedures to be applied for the implementation of Directive 2005 /36/EC for holders of professional qualifications in another Member State of the European Union or of another State Party to the Agreement have been acquired through the European Economic Area, provided that these persons wish to act temporarily or permanently as financial intermediaries in the territory of the country,

6.

to the requirement of Article 34h (2), second sentence, to base the recommendation on a sufficient number of financial assets offered on the market;

7.

the obligation to check compliance with the limits laid down in Section 2a (3) of the Assets Act.

In addition, the trader may be required by the Regulation to have regular and special examination of compliance with the rules adopted pursuant to the second sentence of the first sentence of paragraph 1 and the first sentence of paragraph 2 of the second paragraph, 2 and 4 of this Regulation, and submit the audit report to the competent authority to the extent that this is necessary for effective monitoring. The details of the examination, in particular its occasion, date and frequency, the selection, ordering and dismissiation of the examiners, their rights, obligations and responsibilities, the content of the audit report, may be subject to the requirements of the audit report. Traders shall be regulated in relation to the auditor and the procedure in the event of disagreement between the auditor and the trader. Unofficial table of contents

§ 34h Honorary Financial Adviser

(1) Those who, in the scope of the acceptance of the scope of Section 2 (6), first sentence, point 8 of the Banking Act, are commercially available for financial investments within the meaning of Section 34f (1) (1), (2) or (3) Investment Advisory Service within the meaning of Article 1 (1a) (1a) of the Banking Act , without having to receive a grant from a product provider or otherwise dependent on it (Honorary Financial Adviser), the competent authority must be allowed to do so. Permission may be limited or subject to conditions as far as this is necessary for the protection of the general public or investors, subject to the same conditions, the subsequent inclusion, modification and addition of Conditions allowed. Permission may be limited to consultation on individual categories of financial assets in accordance with Section 34f (1) (1), (2) or (3). Section 34f (2) to (6) shall apply accordingly. If permission is requested under the submission of the certificate of approval in accordance with § 34f (1) sentence 1, no verification of the reliability, the balance of assets and the subject matter shall be carried out. The permission in accordance with § 34f (1) sentence 1 shall be issued with the grant of the authorization in accordance with the first sentence of the first sentence. (2) The trader referred to in paragraph 1 shall not exercise any trade in accordance with § 34f (1). They shall base their recommendation on a sufficient number of financial assets available on the market which are covered by their authorisation and which are sufficiently scattered and not limited by the nature and the offeror or issuer to: Providers or issuers who are closely associated with them or which otherwise have economic links. (3) The trader referred to in paragraph 1 may be remunerated only by the investor in the provision of the advice. . You may not accept donations from a third party who is not an investor or has been commissioned by the investor for advice, in connection with the consultation, in particular as a result of the consultation as a result of the consultation, unless the the recommended financial system or financial facility appropriate in the same way shall not be available without a grant. In this case, grants must be returned to the customer without delay after receiving and undiminished. Provisions relating to the payment of taxes and duties shall remain unaffected. Unofficial table of contents

Section 35 Commercial failure due to unreliability

(1) The exercise of a business shall be subject, in whole or in part, to the competent authority where there are facts which relate to the unreliability of the trader or of a person responsible for managing the business of the business in this industry, provided that it is necessary for the protection of the general public or the persons employed in the holding to be underserved. The subsac may also be extended to the activity as representative of a trader or as a person entrusted with the management of a business enterprise, as well as to individual others or to all trades, to the extent that the identified Facts justifying the assumption that the trader is also unreliable for these activities or trade. The proceedings may be continued even if the operation of the business is abandoned during the proceedings. (2) The trader may, at his request, be authorised by the competent authority to operate the business by means of a (3) If the managing authority intends to take account of a situation in which the judgment is given, the management authority intends to take into account the subject matter of the judgment in a decision of the Criminal proceedings against a trader may have been carried out, The disadvantage of the content of the judgment does not differ in so far as it relates to:

1.

the determination of the facts,

2.

the assessment of the debt issue, or

3.

the assessment of whether, in the course of further exercise of the trade, it will commit significant unlawful acts within the meaning of Section 70 of the Penal Code and whether, in order to avert these risks, it is appropriate to disregard the business.

The second sentence of paragraph 1 shall remain unaffected. The decision on a preliminary ban on the profession (§ 132a of the Code of Criminal Procedure), the criminal order and the court decision, which rejects the opening of the main proceedings, shall be the same; this shall also apply to: monetary decisions, insofar as they relate to the determination of the facts and the assessment of the debt issue. (3a) (omitted) (4) Prior to subsatiation, the supervisory authorities should, in so far as they exist, be subject to the existence of special state supervisory authorities, the competent Chamber of Industry and Commerce or the Chamber of Craftwork and, where appropriate, It is a cooperative, also belonging to the Association of Examiners, to which the cooperative belongs. They shall be notified of the charges brought against the trader and the documents required for the submission of the opinion shall be sent. The hearing of the abovementioned bodies may not be heard if there is a risk in the case of a failure, in which case these bodies shall be informed. (5) (6) The trader shall be informed by the competent authority of the authority of the competent authority, a written or electronic request to make it possible to exercise the profession's personal performance again if the facts justify the assumption that an unreliability within the meaning of paragraph 1 is no longer available. Before the end of the year following the implementation of the submission, the resumption may only be permitted if there are special reasons for this. (7) The authority in whose district the trader has a commercial establishment shall be entitled to the resumption of the resumption of the business. , or in the cases referred to in paragraph 2 or 6. In the absence of a commercial establishment, the authorities in whose district the trade is to be exercised or are to be exercised are responsible. The authorities in whose district the trade is to be exercised or are to be exercised are also responsible for the execution of the commercial subdivision. (7a) The refusal can also be made against representatives entitled to representation or with the management of the commercial business. commissioned persons. The infringement proceedings against these persons may be continued independently of the course of the undersawing proceedings against the trader. Paragraphs 1 and 3 to 7 shall apply accordingly. (8) As far as individual industries are subject to specific provisions or regulations relating to the closure of a trader ' s unreliability, or to a specific commercial or industrial sector, , paragraphs 1 to 7a shall not apply if the authorisation has been withdrawn or revoked on account of unreliability of the trader. The provisions of paragraphs 1 to 8 shall apply to cooperatives accordingly, even if their business operations are based on the They shall also apply to trade in medicinal products, with lots of lotteries and games, as well as with reference and share certificates, to such lots and to the operation of all types of betting sites. Unofficial table of contents

§ § 35a and 35b (to be omitted)

Unofficial table of contents

Section 36 Public appointment of experts

(1) Persons working or working as experts in the fields of the economy, including the mining industry, the high seas and inshore fisheries, as well as the agriculture and forestry sector, including the garden and wine-growing sector, to make public, on request, the bodies designated by the State governments or competent under national law for certain subject areas, provided that there is a need for expert services in respect of such areas, proof of competence and there are no objections to their suitability. They shall be obliged to fulfil their expert duties independently, without instructions, in person, in a conscientious and impartial manner, and to report on their opinions accordingly. The public order may be limited in terms of content, issued with a freezing order and may be subject to conditions. (2) Paragraph 1 shall apply mutas to the public order and to the diversion of particularly suitable persons in the territories. of the economy

1.

identify certain facts with regard to things, in particular the nature, quantity, weight or proper packaging of goods, or

2.

examine the proper management of certain activities.

(3) The national governments may, by means of a regulation of the law, establish the provisions necessary for the implementation of paragraphs 1 and 2 on the conditions for placing an order and on the powers and obligations of the public authorities, and adopted sworn experts in the performance of their duties, in particular:

1.

the personal conditions, including age-related requirements, the beginning and the end of the order,

2.

the eligible subjects, including the conditions of employment,

3.

the extent of the expert's obligations in the performance of his duties, and in particular on the obligations

a)

to the independent, non-refundable, personal, conscientious and impartial service provision,

b)

on the conclusion of professional indemnity insurance and on the extent of liability,

c)

on training and exchange of experience,

d)

to comply with minimum requirements in the preparation of expert opinions,

e)

to be shown to the competent authority with regard to all the establishments used for the purpose of carrying out the substantive and technical activities referred to in paragraph 1,

f)

for the recording of data on individual transactions and on the contracting entities,

(4) As far as the Land Government has not made use of its authorization pursuant to paragraph 3 or Section 155 (3), public bodies governed by public law, which are responsible for the (5) The provisions of paragraphs 1 to 4 shall not apply to the extent that other provisions of the Federal Government are applicable to the public. Order or insult to persons or to the extent that the rules of the countries on the public order or the discharge of persons in the areas of the high seas and inshore fisheries, agriculture and forestry, including garden and wine making, as well as national surveying, or are enacted. Unofficial table of contents

Section 36a Public appointment of experts with qualifications from another Member State of the European Union or of another State Party to the Agreement on the European Economic Area

(1) In the assessment of the specific expertise of applicants as required in accordance with Article 36 (1), training and formal qualifications are also to be recognised in another Member State of the European Union or in another Contracting State. of the Agreement on the European Economic Area. Where the applicant is in one of the States referred to in the first sentence for a specific subject

1.

is entitled to perform substantive and substantive matters reserved for persons who have essentially the appropriate expertise in accordance with paragraph 36 (1) of this particular subject, or

2.

in two of the last ten years has been active as an expert and the evidence submitted shows that the applicant has an above-average expertise, essentially the specific subject of the the meaning of Article 36 (1);

(2) In so far as the content of the previous training or activity of an applicant in the field for which the public order has been placed is subject to the provisions of the , the applicant may, after his/her choice, take an aptitude test or a certificate, substantially different from the content of the public order as an expert in the field in question, in accordance with § 36 of the requirement for the public appointment. Adaptation period shall be imposed. This measure may, in particular, also relate to the knowledge of German law and the ability to understand technical findings in a comprehensible manner. (3) Insofar as the applicant in accordance with the second sentence of paragraph 1 in his State of origin is outside the The relevant requirements which are comparable to those in force in accordance with § 36 (1) are not to be re-examined. Section 13b shall apply. (4) The competent authority shall, within one month, confirm receipt of the documents submitted by the applicant and, if appropriate, inform the competent authority of the documents to be submitted. The procedure for the examination of the application for recognition must be completed within three months of the date of submission of the complete dossier. This period may be extended by one month in duly substantiated cases. Where there is doubt as to the authenticity of certificates and evidence submitted or where the competent authority needs further information, it may, by demand from the competent authority of the home Member State, verify the authenticity of such certificates and the relevant information, and Obtain information. The friction run is inhibited as long as it is. Unofficial table of contents

Section 37

(dropped) Unofficial table of contents

§ 38 Monitoring in need of surveillance

(1) In the case of commercial branches,

1.

Purchase and sale of

a)

high-quality consumer goods, in particular consumer electronics, computers, optical products, cameras, video cameras, carpets, fur and leather apparel,

b)

Motor vehicles and bicycles,

c)

Precious metals and alloys containing precious metals, as well as articles of precious metal or alloys containing precious metals,

d)

Precious stones, pearls and jewelry,

e)

old metals, in so far as they are not covered by point (c),

by firms specialising in trade in second-hand goods,

2.

Exchange of information on financial assets and personal matters (credit agencies, detectives),

3.

Mediation of marriages, partnerships and acquaintances,

4.

the operation of travel agencies and the provision of accommodation,

5.

Distribution and installation of building storage facilities, including key services,

6.

Manufacture and expel of special diebsteel-related opening tools

the competent authority shall immediately verify the trader's reliability after repayment of the trade declaration or the trade declaration in accordance with Section 14. To this end, the trader shall immediately request a certificate of management pursuant to section 30 (5) of the Federal Central Register Act and an information from the commercial central register pursuant to Section 150 (5) of the Federal Central Register Act for submission to the Authority. If it does not comply with this obligation, the Authority shall obtain such information from its own authority. (2) If there is a reasonable concern about the risk of injury to important Community goods, a certificate or information from the (3) The national governments may, by means of a regulation, determine the commercial activities referred to in paragraph 1, in which: Allow traders to keep their books, while data on individual business transactions, (4) Paragraph 1, first sentence, No. 2 shall not apply to credit institutions and financial services institutions for which a permit has been granted pursuant to Section 32 (1) of the Banking Act, and to Branches of undertakings established in another Member State of the European Union which operate domesically in accordance with Article 53b (1), first sentence, or (7) of the Banking Act, where the provision of trade information by the authorisation of the the competent authorities of the home Member State.

Footnote

(+ + + § 38 Abs 1 u. 2: For non-application, see § 4 + + +) Unofficial table of contents

§ 39

(dropped) Unofficial table of contents

Section 39a

(dropped) Unofficial table of contents

§ 40

(dropped)

III.
Scope, exercise and loss of industrial powers

Unofficial table of contents

Section 41 Employment of workers

(1) The power to operate a standing business independently shall be exercised by the right to accept apprentices in any number of journs, salaries, workers of any kind, and, in so far as the provisions of the present law do not prevent them. There are no other restrictions in the choice of labour and auxiliary staff than those established by the current law. (2) In the subject of the authorisation of pharmacists, assistants and apprentices, it applies to the provisions of the provisions of the law. of the state laws. Unofficial table of contents

§ § 41a and 41b (omitted)

Unofficial table of contents

§ 42 (omitted)

- Unofficial table of contents

§ § 42a to 44a (omitted)

Unofficial table of contents

Section 45 Substitute

The powers of the standing commercial establishment may be exercised by substitutes, but they must meet the requirements laid down in particular for the commercial sector in question. Unofficial table of contents

Section 46 Continuation of the trade

(1) After the death of a trader, the business may be operated on behalf of the surviving spouse or partner by a substitute qualified in accordance with § 45, if the special business for the operation of individual trade (2) The same shall apply to underage heirs during the minor period and to the period of ten years after the succession for the estate manager, estate manager or executor of the executor. (3) The the competent authority may, in the cases referred to in paragraphs 1 and 2, permit the trade to be Duration of one year after the death of the trader is also operated without the deputy qualified according to § 45. Unofficial table of contents

Section 47 Deputy in special cases

The extent to which a substitutes may be granted for the persons concessioned or appointed in accordance with Articles 31, 33i, 34, 34a, 34b, 34c, 34d, 34e, 34f, 34h and 36 shall in each case determine the authority to which the concession or concession shall be granted. Pending delivery. Unofficial table of contents

§ 48 Transfer of real industrial rights

Real industrial property rights may be transferred to any person who is capable of carrying out the business of the profession in accordance with the provisions of this Act, in such a way that the acquirer is entitled to exercise the industrial authorization for his own account. Unofficial table of contents

Section 49 Erasing of permits

(1) (omitted) (2) The concessions and licences shall be extinguissed in accordance with § § 30, 33a and 33i if the holder did not start the holding or did not exercise any more during a period of one year after the granting of the licence. (3) The deadlines can be extended for important reasons. Unofficial table of contents

§ 50

(dropped) Unofficial table of contents

Section 51 Undertaking for overriding disadvantages and dangers

In view of the major disadvantages and risks to the common good, the remote use of any commercial installation by the competent authority may be prohibited at any time. However, the owner must then be made a substitute for the damage suffered. The rates 1 and 2 shall not apply to installations, insofar as they are subject to the provisions of the Federal Immission Control Act. Unofficial table of contents

Section 52 Transitional regime

The provision of § 51 shall also apply to the commercial installations already in existence at the time of the promulgation of the present law; however, no entitlement to compensation arises from the failure to use the remote use if, in the case of the prior authorisation has been expressly reserved for the withdrawal of the same without compensation. Unofficial table of contents

§ § 53 to 54 (omitted)

Title III
Travel Industry

Unofficial table of contents

§ 55 Travel Trade Card

(1) A travel industry which operates without prior appointment outside its commercial establishment (Article 4 (3)) or without having such an order.

1.

Were haggling or buying orders (sold) or buying, offering services or seeking orders for services, or

2.

performing entertaining activities as a show adjuster or as a display of a show-setting.

(2) If you want to operate a travel industry, you need permission (travel trade card). (3) The travel trade card can be limited in terms of content, issued with a limit of time and subject to conditions, insofar as this is for the protection of the general public or the Whereas, under the same conditions, the subsequent inclusion, amendment and amendment of conditions is also admissible;

Footnote

(+ + + § 55 Abs 2 u. 3: For non-application, see § 4 + + +) Unofficial table of contents

§ 55a Travel trade card-free activities

(1) A travel trade card shall not be required to:

1.

Occasionally, the event of fairs, exhibitions, public festivals or special occasions with the permission of the competent authority has been haggled;

2.

the products of agriculture, forestry, vegetables, fruit and horticulture, poultry farming and beekeeping as well as hunting and fishing are produced;

3.

the activities of the type referred to in Article 55 (1) (1) in the municipality of its place of residence or its commercial establishment, provided that the municipality does not have more than 10 000 inhabitants;

4.

(dropped)

5.

in the case of milk or milk products, on the basis of a licence pursuant to § 4 of the Milk and Margarine Law;

6.

Insurance contracts as insurance intermediaries within the meaning of section 34d (3), (4) or (5), or building savings contracts, or contracts or third parties as insurance advisors within the meaning of § 34e in conjunction with § 34d para. 5 on insurance; the The same shall apply to the persons employed in the commercial enterprise;

7.

in the case of a trade which is subject to the law of the federal or state law and which is subject to the required degree of reliability, and which has the necessary authorization;

8.

within the meaning of Section 34f (3) (4), also in conjunction with Section 34h (1) sentence 4, imparts financial investments as financial investment intermediaries and advises third parties on financial assets; the same shall apply to persons employed in the commercial business;

9.

The prohibition of Article 56 (1) (3) (b) shall not be applied by a non-stationary point of sale or by another establishment at regular, shorter intervals in the same place to food or other goods of daily use; application;

10.

Haggling printing units on public roads, streets, squares or other public places.

(2) The competent authority may, in the case of special sales events, allow exceptions to the requirement of the travel trade card. Unofficial table of contents

§ 55b Other travel trade card-free activities, commercial document map

(1) A travel trade card is not required to the extent that the trader searches for other persons in the course of their business operations. (2) Persons working for a company having its registered office within the scope of this Act shall be subject to the following conditions: to issue an application by the competent authority for a business card according to the model laid down in the intergovernmental contracts for the purpose of commercial operation in other countries. § 55 (3) and (57) shall apply mutatis-ly to the granting and failure of the commercial documentation card, unless otherwise specified in intergovernmental agreements or by law-making powers of the State of superstate empowered to do so by law. Unofficial table of contents

§ 55c Display obligation

Anyone who is not required as a trader on the basis of § 55a (1) No. 3, 9 or 10 of a travel trade card shall indicate the beginning of the business of the competent authority, insofar as he does not already have to register his trade in accordance with § 14 (1) to (3). § 14 (1) sentences 2 and 3, paragraphs 4 to 12, § 15 (1) and the legal regulation pursuant to § 14 (14) shall apply accordingly.

Footnote

(+ + + § 55c: For non-application cf. § 4 + + +)
(+ + + § 55c: For application cf. § 158 + + +) Unofficial table of contents

§ 55d

- Unofficial table of contents

§ 55e Sonn and holiday rest

(1) On Sundays and public holidays, the activities referred to in Article 55 (1) (1) shall be prohibited, with the exception of the performance of goods and gainful activities in the travel industry, even if they are carried out on an unselfemployed basis. This shall not apply to the activity referred to in § 55b (1), insofar as it is carried out by self-employed traders. (2) Exceptions may be permitted by the competent authority. Unofficial table of contents

§ 55f Liability insurance

The Federal Ministry for Economic Affairs and Energy is authorized by the German Federal Council, with the approval of the Federal Council, for the protection of the general public and the participants in the event for activities pursuant to section 55 (1) (2), which are subject to special risks , to adopt rules on the obligation of the trader to conclude and proof the existence of an insurance against civil liability. Unofficial table of contents

Section 56 Activities prohibited in the travel industry

(1) The travel industry shall be prohibited from:

1.

the distribution of

a)

(dropped),

b)

Poison and poisonous products; the search for orders for plant protection products, pesticides and wood preservatives, for which a test certificate has been issued with a test mark in accordance with the provisions of the building law, is authorised;

c)

(dropped),

d)

Breakers, medical bodyguards, medical support devices and bandages, orthopaedic footrests, eyeglasses and eye glasses; safety goggles and ready-to-use reading glasses,

e)

(dropped),

f)

electro-medical devices, including electronic hearing aids; equipment with direct heat exposure,

g)

(dropped),

h)

Securities, lottery tickets, reference and share certificates on securities and lottery tickets; the sale of lottery tickets in the framework of approved lotteries for non-profit purposes on public roads, roads or squares or other public places,

i)

writings which are distributed in the form of assurance of premiums or profits;

2.

The Feilbid and the purchase of

a)

Precious metals (gold, silver, platinum and platinum metals) and alloys containing precious metals in any form, as well as articles of precious metal; silver jewellery is authorized up to a selling price of 40 euros and goods with silver deposits,

b)

Precious stones, gemstones and synthetic stones and pearls;

c)

(dropped)

3.

the Feilbid of

a)

(dropped),

b)

alcoholic beverages; beer and wine are permitted in tightly closed containers, alcoholic beverages within the meaning of section 67 (1) (1) second and third half-sentence and alcoholic beverages, which are included in the framework and for the duration of an event to be administered from a fixed station for consumption on the spot;

c)

(dropped)

d)

(dropped)

e)

(dropped)

f)

(dropped)

4. 5. (dropped)

6.

the conclusion as well as the mediation of repurchase transactions (section 34 (4)) and the brokerage of loans for the borrower.

(2) The Federal Ministry of Economic Affairs and Energy may, with the consent of the Federal Council, allow exceptions to the restrictions listed in paragraph 1, provided that this is a threat to the general public or to the public Safety or order is not to be obtained. The same authority shall be conferred on the national governments for the area of their country, as long as and insofar as the Federal Ministry of Economic Affairs and Energy has not made use of its authorization. The competent authority may, on a case-by-case basis, allow derogations from the prohibitions provided for in paragraph 1 with the reservation of withdrawal and for a period of up to five years if the person of the applicant or any other person concerned has the right to withdraw from the prohibition. The provisions of paragraph 1 shall not apply to the commercial activities referred to in § 55b (1). However, the banning of trees, shrubs and planting plants is prohibited in agricultural and forestry holdings and in fruit, garden and wine farms. (4) Paragraph 1 (1) (h), (2) (a) and (6) does not apply Application for activities in a non-stationary business area of a credit institution or of a company within the meaning of § 53b (1) sentence 1 or (7) of the Banking Act, if in this business area exclusively bank-customary shops to which these companies are authorised under the Banking Act. Unofficial table of contents

Section 56a Announcement of the commercial establishment, hiking camp

(1) The event of a migrant warehouse for the distribution of goods or services shall be reported two weeks before the beginning of the competent authority for the place of the event, if the event is referred to by public announcement , the public announcement shall indicate the type of product or service which is being distributed and the place of the event. In the context of events in accordance with the first sentence, free gifts (goods or services), including price excesses, rapings and playoff, may not be announced. The display is to be submitted in two pieces; it has to contain

1.

the place and the time of the event,

2.

the name of the organiser and of the person on whose behalf the goods or services are distributed, and the place of residence or commercial establishment of such persons,

3.

the wording and the nature of the public announcements intended.

The migration warehouse may only be managed on the spot by the organiser or by a representative authorised by him in writing; the name of the representative shall be notified to the authority on the ad. (2) The name of the representative referred to in paragraph 1 shall be communicated to the authority. competent authority may prohibit the holding of a migrant camp if the notification referred to in paragraph 1 is not fully reimbursed or is not fully reimbursed or if the public announcement does not comply with the provisions of , the first sentence of paragraph 1 is the second half sentence and the second sentence.

Footnote

(+ + + § 56a: For non-application cf. § 4 + + +) Unofficial table of contents

Section 57 Say of the travel trade card

(1) The travel trade card shall be refused if facts justify the assumption that the applicant does not possess the reliability required for the intended activity. (2) In the case of the exercise of the surveillance profession, the trade of the Brokers, property developers and construction supervisors, the insurance intermediary industry, the insurance business and the commercial of the financial investment intermediary and honorary financial adviser are subject to the grounds of the § § 34a, 34c, 34d, also in connection with in accordance with § 34e, 34f or 34h. (3) Auctioneer's trade as a travel industry is only permitted if the trader has the permission required in accordance with Section 34b (1).

Footnote

(+ + + § 57 (3): For non-application, see § 4 + + +) Unofficial table of contents

§ § 57a and 58 (omitted)

Unofficial table of contents

Section 59 Submission of travel-commercial-card-free activities

Insofar as a travel trade card is not required under § 55a or § 55b, the travel business activity can be prohibited under the condition of § 57. Section 35 (1) sentence 2 and 3, para. 3, 4, 6, 7a and 8 shall apply accordingly. Unofficial table of contents

§ 60 Employees

The employment of a person in the travel industry may be prohibited to the trader if the facts justify the assumption that the person does not possess the reliability required for their activities. Unofficial table of contents

§ 60a Event of games

(1) (omitted) (2) Merchandise game equipment may only be erected in the travel industry if the conditions of § 33c (1) sentence 2 are fulfilled. Those who wish to organise a different game within the meaning of section 33d (1) sentence 1 in the travel industry shall be required to have the authority responsible for the place of business practice in question. Permission may be granted only if the organiser is entitled to a certificate of safety issued by the national criminal office responsible for his habitual residence or in the absence of such a certificate, or if the organiser is not entitled to such a certificate. a copy of the safety certificate within the meaning of section 33e (4). § 33d (1) sentence 2, para. 3 to 5, § § 33e, 33f (1) and 2 (1) and § § 33g and 33h apply accordingly. (3) Anyone who wants to operate an arcade or similar company in the travel industry requires the permission of the respective location of the The competent authority responsible for industrial activities. § 33i shall apply accordingly. (4) The State Governments may regulate the proceedings of the Landeskriminalämtern (subsection 2 sentence 3) by means of a regulation of the law. Unofficial table of contents

§ 60b Volksfest

(1) A People's Party is a generally recurring, time-limited event on which a large number of providers pursue activities within the meaning of Article 55 (1) (2) and offer a haggling of goods which are usually based on: (2) § 68a sentence 1 first half sentence and sentence 2, § 69 (1) and (2) as well as § § 69a to 71a shall apply; however, § § 55 to 60a and 60c to 61a as well as 71b remain unaffected. (3) (omitted) Unofficial table of contents

§ 60c Coducation and showing of the travel trade card

(1) The holder of a travel trade card shall be obliged to carry it out during the course of the business, to show on request to the competent authorities or officials and to carry out his duties on request until the date of the purchase of the Hire a travel trade card. (2) The holder of the travel trade card, who does not carry out the activity in his own person, is obliged to carry out a second copy or a certified copy of the persons employed in the holding. If they are to be in direct contact with customers, this also applies if the employees are active in a place other than the holder. In the case of § 55a (1) (7), the trader or his employees in the holding shall have the permission, a second copy, a certified copy. or any other document, on the basis of which the granting of the permit can be credited with itself. In addition, paragraphs 1 and 2 shall apply accordingly. Unofficial table of contents

§ 60d Prevention of the Commercial exercise

The exercise of the travel industry against § 55 para. 2 and 3, § 56 para. 1 or 3 sentence 2, § 60a para. 2 sentence 1 or 2 or para. 3 sentence 1, § 60c paragraph 1 sentence 1, also in conjunction with paragraph 2 sentence 2, § 61a para. 2 or contrary to one on the basis of § 55f shall be prevented by the competent authority. Unofficial table of contents

Section 61 Local competence

The authority is localised for the granting, failure, withdrawal and revocation of the travel trade card, for the tasks specified in § § 55c and 56 (2) sentence 3 as well as in § § 59 and 60 and for the issuance of the second copy of the travel trade card. in the district of which the person concerned has his habitual residence. If the habitual residence changes during the procedure, the previously competent authority may proceed with the procedure if the competent authority is in agreement. Unofficial table of contents

Section 61a Applicability of the rules of the standing business for the purpose of the travel industry

(1) For the purposes of the travel industry, § 29 applies. (2) For the pursuit of the surveillance profession, the Auctioneer's business, the estate of the brokers, property developers and construction supervisors, the insurance intermediary industry, the insurance consultant and insurance industry as well as the business of the financial intermediary or honorary financial adviser, § 34a (1) sentence 5 and subsection (2) to (5), § 34b (5) to (8) and (10), § 34c (3) and (5), § 34d (6) to (10), § 34e (2) to (3), § 34f (4) to (6), shall also apply in § 34h (1) sentence 4, and § 34g, as well as those pursuant to section 34a (2), § 34b (8), § 34c (2). 3, Section 34d (8), Section 34e (3) and § 34g of the legislation adopted accordingly. The competent authority may grant derogations for the auctioning of easily perishable goods for their district. Unofficial table of contents

§ § 62 and 63 (omitted)

Title IV
Trade fairs, exhibitions, markets

Unofficial table of contents

§ 64 Trade Fair

(1) A trade fair is a time-limited, generally regularly recurring event, where a large number of exhibitors issue the essential offer of one or more branches of the economy and, in the majority of cases, according to patterns of commercial activity (2) The organiser may, on a limited number of days during certain opening hours, authorise the last consumer to purchase. Unofficial table of contents

Section 65 Exhibition

An exhibition is a time-limited event on which a large number of exhibitors issue and distribute a representative offer of one or more economic sectors or economic areas, or via this offer for the purpose of Promotion of sales information. Unofficial table of contents

§ 66 Large market

A wholesale market is an event on which a large number of suppliers essentially distribute certain goods or goods of all kinds to commercial resellers, commercial consumers or large-scale consumers. Unofficial table of contents

§ 67 Weekly market

(1) A weekly market is a regularly recurring, time-limited event where a wide variety of providers haggles one or more of the following types of goods:

1.

Foodstuffs as defined in Article 2 (2) of the Food and Feed Code, other than alcoholic beverages; alcoholic beverages, where they are derived from self-produced products of wine-growing, agriculture or fruit, are authorised and horticulture; the buying-in of alcohol for the production of liqueurs and spirits from fruit, plants and other agricultural raw materials in which the raw materials are not fervently fered, by the original producer is admissible;

2.

Products of fruit and horticulture, agriculture, forestry and fisheries;

3.

raw natural products with the exception of the larger livestock.

(2) In order to adapt the weekly market to economic development and to the local needs of consumers, national governments may determine by means of a regulation that, in addition to paragraph 1, certain goods of daily use shall be available on all or on certain weekly markets. Unofficial table of contents

Section 68 Special market and fair market

(1) A special market is a temporary event which is generally repeated at longer intervals and which offers a wide range of suppliers to a wide range of products. (2) A fair market is generally a regular one. (3) Activities within the meaning of Section 60b (1) may also be exercised on a special market or a fair market; § § 55 up to 60a and 60c to 61a shall remain unaffected. Unofficial table of contents

§ 68a Date of administration of beverages and food

On markets, non-alcoholic drinks and prepared meals may be administered on site at other events within the meaning of § § 64 to 68 for consumption. In addition, the general rules apply to the administration of drinks and prepared meals for consumption on the spot. Unofficial table of contents

Section 69

(1) The competent authority shall, at the request of the organizer, hold an event which meets the requirements of § § 64, 65, 66, 67 or 68, according to subject matter, time, opening hours and space for each case of implementation. On request, where grounds of public interest do not conflict, national parties, wholesale markets, weekly markets, specialty markets and fairs for a longer period of time, duration, trade fairs and exhibitions for those within two years may apply. (2) The establishment of a weekly market, a fair market or a special market shall require the organiser to organise the event. (3) A designated exhibition or exhibition or exhibition shall be held or held in the event of a special event. a fixed wholesale market is not carried out or is no longer carried out, the The organiser shall immediately notify the competent authority in writing. Unofficial table of contents

Section 69a Rejection of the fixing, requirements

(1) The application for fixing should be rejected if:

1.

the event does not fulfil the conditions set out in § § 64, 65, 66, 67 or 68,

2.

(a) the assumption that the applicant or one of the persons responsible for the management of the event does not have the reliability required for the performance of the event;

3.

the performance of the event is contrary to the public interest, in particular the protection of the event participants from dangers to life or health is not guaranteed or other significant disruptions to public safety or order, or

4.

the event, in so far as it is a special market or a fair, is to be held in full or in part in shops.

(2) The competent authority may, in the public interest, in particular where this is intended to protect the participants of the event against risks to life or health or to prevent significant threats to public security or public order, is required to combine the fixing with conditions; subject to the same conditions, the subsequent inclusion, amendment and amendment of conditions shall also be allowed. Unofficial table of contents

Section 69b Amendment and repeal of the fixing

(1) The competent authority may, in urgent cases, temporarily regulate the time, opening hours and place of the event by way of derogation from the fixing. (2) The competent authority shall withdraw the fixing if it is granted a reason for refusal pursuant to section 69a (1) (3) has been provided; in other respects, it may withdraw the fixing if it subsequently became aware of facts which would have justified a refusal of the fixing. It has to withdraw the fixing if a reason for refusal occurs subsequently in accordance with Article 69a (1) (3); otherwise it may revoke the fixing if facts which justify a rejection of the fixing are subsequently established. (3) At the request of the organiser, the competent authority shall amend the fixing; § 69a shall apply mutatily. At the request of the organiser, the competent authority shall set aside the fixing, the fixing of a weekly market, a market or a national festival, however, only if the organisation of the event cannot be expected to be carried out by the organiser. Unofficial table of contents

§ 70 Right to participate in an event

(1) Everyone who belongs to the group of participants of the given event shall be entitled to participate in the event in accordance with the provisions applicable to all participants in the event. (2) The organizer may, if it is the case for the event, be entitled to To achieve the purpose of the event, the event shall be restricted to certain categories of exhibitors, groups of suppliers and groups of visitors, provided that, in so doing, similar undertakings are not directly or indirectly directly or indirectly responsible for the event. (3) The organizer may be able to objectively justified reasons, in particular where the available space is not sufficient, excluding individual exhibitors, suppliers or visitors from participation. Unofficial table of contents

§ 70a Subsaation of participation in an event

(1) The competent authority may prohibit an exhibitor or provider from participating in a particular event, or one or more types of events within the meaning of sections 64 to 68, where facts justify the assumption that he/she is (2) In the case of the self-employed exercise of the surveillance profession, the estate of the brokers, property developers and construction supervisors, the insurance intermediaries, the insurance consultant and the insurance industry, and the Industry of the financial intermediary and honorary financial counsellors § § 34a, 34c or 34d, also in connection with § 34e, § 34f or § 34h. (3) The self-employed exercise of the Auctioneer's business on an event in the sense of § § § § § § 34 (3) § § § 34 (3) 64 to 68 shall be permitted only if the trader has the permission required under Section 34b (1). Unofficial table of contents

§ 70b (omitted)

- Unofficial table of contents

§ 71 Compensation

The organiser may, in the case of national festivals, weekly markets and annual markets, only be remunerated for the release of space and stands and for the use of supply facilities and services, including waste disposal. request. In addition, the organiser may request participation in the advertising costs in the case of festivals and fairs. National law provisions on the collection of user fees by municipalities and municipal associations remain unaffected. Unofficial table of contents

Section 71a Public security or order

The countries reserve the right to enact provisions for the maintenance of public security or order at events within the meaning of § § 64 to 68. Unofficial table of contents

§ 71b Applicability of regulations of the standing business for the exercise in the trade fair, exhibition and market industries

(1) For the purposes of the trade fair, exhibition and market industries, § 29 applies. (2) For the exercise of the surveillance profession, the auctioneer's trade, the commercial of the brokers, property developers and construction supervisors, the insurance intermediaries, the The insurance consultant and the commercial of the financial intermediary and honorary financial counsel apply to § 34a (1) sentence 5 and (2) to (5), § 34b (5) to (8) and (10), § 34c (3) and (5), § 34d (6) to (10), § 34e (2) to (3), § 34f (§ 34f) Paragraphs 4 to 6, § 34f (4) to (6) as well as those pursuant to § 34a (2), § 34b (8), § 34c (3), § 34c (3) 34d (8), Section 34e (3) and Article 34g (34g) accordingly. The competent authority may grant derogations for the auctioning of easily perishable goods for their district.

Footnote

Section 71b para. 2 sentence 1 italic print: Gem. Amendment Art. 1 No. 5b G v. 4.3.2013 I 362 shall also be inserted after the indication "§ 34e para. 2 to 3" a comma and the words "§ 34f paragraph 4 to 6" mWv 13.3.2013. This leads to a word doubling.

Title V
Taxen

Unofficial table of contents

§ § 72 to 80 (omitted)

Title VI
Innings, Ing committees, Chambers of Crafts, Insions Associations

Unofficial table of contents

§ § 81 to 104n (omitted)

Title VIa
Craft Role

Unofficial table of contents

§ § 104o to 104u (omitted)

Title VII
Workers

I.
General principles of labour law

Unofficial table of contents

Section 105 Free form of the employment contract

Employers and employees may freely agree on the conclusion, content and form of the employment contract, unless mandatory statutory provisions, provisions of an applicable collective agreement or an operating agreement are contrary to the law. To the extent that the terms of the contract are essential, their proof shall be determined in accordance with the provisions of the Verification Act. Unofficial table of contents

Section 106 Weisungsrecht des employer

The employer may determine the content, location and time of the work at a reasonable discretion, insofar as these conditions of work are not determined by the employment contract, provisions of an operating agreement, an applicable collective agreement, or statutory provisions. This also applies to the order and conduct of workers in the establishment. In the exercise of discretion, the employer shall also take account of the worker's disabilities. Unofficial table of contents

Section 107 Calculation and payment of the pay

(1) The remuneration is to be calculated and paid in euros. (2) Employers and employees may agree in kind as part of the remuneration if this corresponds to the worker's interest or to the nature of the employment relationship. The employer shall not leave any goods on credit to the employee. He or she may, by agreement, be transferred to him in the form of an invoice on the basis of the remuneration, if the calculation is based on the average cost of the self-cost. The items performed must be of medium and quality, unless otherwise expressly agreed. The value of the agreed remuneration or the transfer of the transferred goods to the remuneration shall not exceed the amount of the deductible part of the remuneration. (3) The payment of a regular salary cannot be made in respect of the cases in which the worker receives a tip for his activities by third parties. Tip is a sum of money that a third party pays without any legal obligation to the employee in addition to a benefit owed to the employer. Unofficial table of contents

Section 108 Billing of the pay

(1) In the event of payment of the pay, the employee shall be subject to a billing in text form. The billing must contain at least information about the billing period and the composition of the pay. With regard to the composition, information on the type and amount of the surcharges, allowances, other remuneration, type and amount of deductions, disbursements as well as advances is required. (2) The obligation to settle accounts shall not be required if (3) The Federal Ministry of Labour and Social Affairs is authorized to provide further information on the contents and procedures of a certificate of remuneration for the purposes of the Social Code. may be used by means of legal regulation. The employee may, for other purposes, require the employer to obtain a further certificate of payment, which shall be limited to the information referred to in paragraph 1. Unofficial table of contents

Section 109 Certificate

(1) At the end of an employment relationship, the employee shall be entitled to a written certificate. The certificate must contain at least information on the type and duration of the activity (simple certificate). The employee may require that the information should also cover performance and conduct in the employment relationship (qualified certificate). (2) The certificate must be formulated in a clear and comprehensible manner. It shall not contain any features or phrases which have the purpose of making a statement on the worker other than that which is apparent from the external form or from the text. (3) The issuing of the certificate in electronic form shall be excluded. Unofficial table of contents

§ 110 Competition ban

Employers and employees may restrict the employee's professional activity for the period after termination of the employment relationship by agreement (prohibition of competition). § § 74 to 75f of the Commercial Code are to be applied accordingly. Unofficial table of contents

§ § 111 and 112 (omitted)

Unofficial table of contents

§ § 113 to 132a (omitted)

II.
Master Title

Unofficial table of contents

Section 133 Power to guide the building master title

The power to guide the title in connection with another designation, which indicates an activity in the construction industry, in particular the title of the master builder and the building master, shall be conferred by the Federal Government by means of a legal regulation *). Approval of the Federal Council.
-----

*)

Competent authority in accordance with the first sentence of Article 129 (1) of the Basic Law.

Unofficial table of contents

§ § 133a to 133d (omitted)

Unofficial table of contents

§ § 133e to 139aa (omitted)

III.
Supervision

Unofficial table of contents

§ 139b Trade Supervisory Authority

(1) The supervision of the implementation of the provisions of the legal regulations issued pursuant to § 120e or § 139h shall be exclusively or in addition to the ordinary police authorities special officials to be appointed by the national governments. transfer. In the exercise of this supervision, all the official powers of the local authorities, in particular the right to visit and examine the installations at all times, shall be entitled to the same. The business and operating conditions of the plants subject to their inspection and examination, which are officially informed of their knowledge, may only be used for the prosecution of unlawful activities and for the performance of legally regulated tasks for the protection of of the environment to be disclosed to the competent authorities. Insofar as business and operating conditions are information about the environment within the meaning of the Environmental Information Law, the power to revelation is governed by the Environmental Information Act. (2) The order of the The conditions of jurisdiction between these officials and the ordinary police authorities are reserved for the constitutional arrangements in the individual countries. (3) The officials mentioned above have to report annual reports on their official activities. These annual reports or excerpts from the same shall be submitted to the Bundesrat and the German Bundestag. (4) The official surveys to be carried out on the basis of the provisions of the legal regulation issued pursuant to § 120e or § 139h (5) The employers are also obliged to inform the officials or the police authorities of the statistical information on the to make the relationships of their employees, which is the responsibility of the Federal Ministry of Labour and (5a) (6) The agents of the competent authorities shall be required to apply the provisions of the law with the consent of the Federal Council or the Land Government, setting the time limits and forms to be observed. authorized to enter and visit the accommodations relating to the obligations of the employers pursuant to Section 40a of the Ordinance on Labour and Employment and to the legal regulations issued pursuant to Section 120e (3). However, against the will of the parties to the accommodation, this is only permitted for the prevention of urgent threats to public security or public order. The fundamental right of inviolability of the home (Article 13 of the Basic Law) is restricted to this extent. (7) In individual cases, specific indications are given for the national authorities responsible for occupational safety and health protection.

1.

an employment or activity of foreigners without the required residence permit in accordance with § 4 (3) of the Residence Act, a residency or a Duldung entitling the holder to pursue employment, or a permit pursuant to § 284 Section 1 of the Third Book of the Social Code,

2.

Breaches of the obligation to act pursuant to § 60 (1), first sentence, No. 2 of the First Book of Social Code in relation to a service of the Federal Employment Agency, a institution of the statutory health, care, accident or pension insurance or a pension insurance company. holders of social assistance or the obligation to notify pursuant to Section 8a of the Asylum Seekers Benefits Act;

3.

Violations of the law to combat undeclared work,

4.

Violations of the law on the transfer of workers,

5.

Breaches of the Fourth and Seventh Book of the Book of the Social Security Code on the obligation to pay social security contributions,

6.

Violations of the Residence Act,

7.

Violations of tax laws,

shall inform the competent authorities responsible for the prosecution and prosecution of the infringements referred to in points 1 to 7, the institutions of social assistance and the authorities in accordance with Article 71 of the Residence Act. (8) In the cases referred to in paragraph 7, they shall work for the purposes of: National authorities responsible for the protection of employment, in particular with the following authorities:

1.

the agencies for work,

2.

the sickness insurance institutions as catchment points for social security contributions;

3.

the institutions of the accident insurance,

4.

the authorities responsible under national law for the prosecution and prosecution of violations of the law to combat undeclared work,

5.

the authorities referred to in Article 71 of the Residence Act,

6.

the financial authorities,

7.

the authorities of the customs administration,

8.

pension insurance institutions,

9.

the institutions of social assistance.

-----

*)

Kl competent body in accordance with Article 129 (1) sentence 1 of the Basic Law.

Unofficial table of contents

§ § 139c to 139h (omitted)

Unofficial table of contents

§ 139i

(dropped) Unofficial table of contents

§ § 139k and 139m (omitted)

Title VIII
Commercial Auxiliary Funds

Unofficial table of contents

§ 140

(dropped) Unofficial table of contents

§ § 141 to 141f (omitted)

Title IX
Statutary provisions

Unofficial table of contents

Section 142

(dropped)

Title X
Criminal and penal rules

Unofficial table of contents

Section 143

(dropped) Unofficial table of contents

Section 144 Violation of requirements concerning the right to be licensed

(1) Contrary to the law, those who intentionally or negligently act

1.

without the required permission

a)

(dropped),

b)

, pursuant to Section 30 (1), operate an institution designated there,

c)

in accordance with the first sentence of Article 33a (1) (1) of the presentation of persons in its premises, or for the event of which it provides its premises,

d)

In accordance with § 33c (1) sentence 1, a gaming machine is set up, in accordance with Section 33d (1) sentence 1, another game is organized or, in accordance with section 33i (1) sentence 1, a game hall or a similar company operates,

e)

under the first sentence of section 34 (1), the business of a pawnbroker or a pawn agent shall be operated,

f)

The life or property of foreign persons is guarded pursuant to Section 34a (1) sentence 1,

g)

In accordance with Section 34b (1), foreign movable property, foreign land or foreign rights shall be auctioned off,

h)

in accordance with the first sentence of Article 34c (1) (1) or (2), the conclusion of contracts of the type referred to in that paragraph, or the opportunity to do so,

i)

in accordance with Article 34c (1), first sentence, point 3, of a building project, or

j)

in accordance with Section 34d (1) sentence 1, also in conjunction with Section 34d (10), the conclusion of contracts of the kind referred to therein,

k)

advises on insurance in accordance with Section 34e (1) sentence 1,

l)

in accordance with Article 34f (1), first sentence, to provide investment advice or investment services; or

m)

in accordance with Article 34h (1), first sentence, shall provide investment advice;

2.

shall be guarded on a seagoing ship without authorisation pursuant to section 31 (1) of the life or property of foreign persons,

3.

a fully-fledgable edition in accordance with § 31 (2) sentence 2; or

4.

without a permit required in accordance with § 47, the business can be exercised by a deputy.

(2) The offence also acts as a deliberate or negligent act.

1.

a legal regulation pursuant to Article 31 (4), first sentence, points 1, 2, 3 (a) to (c) or (d) or (4) or (2), or a enforceable order, by virtue of such a decree-law, shall be contrary to the law in so far as the legal regulation is applicable to a the fact that the amount of the fine was determined by the fine,

1a.

a legal regulation pursuant to section 33f (1) (1), (2) or (4) or a enforceable order is contrary to such a decree, to the extent that the legal regulation refers to this fine for a particular offence;

1b.

a legal regulation according to § 33g No. 2, § 34 para. 2, § 34a para. 2, § 34b para. 8, § 34d para. 8 sentence 1 no. 1 or 3, sentence 2 or 3, § 34e para. 3 sentence 3 or 4 or § 38 para. 3 or a enforceable order by virtue of such a decree to the extent that the legal regulation refers to this fine for a particular case,

2.

Contrary to § 34, paragraph 4, the purchase of movable property with the grant of the right to buy back,

3.

a fully-retractable edition according to § 33a (1) sentence 3, § 33c (1) sentence 3, § 33d para. 1 sentence 2, § 33e para. 3, § 33i para. 1 sentence 2, § 34 para. 1 sentence 2, § 34a para. 1 sentence 2, § 34b para. 3, § 34d para. 1 sentence 2, also in conjunction with paragraph 3 sentence 2, § 34e Abs. 1 sentence 2 or § 36 para. 1 sentence 3 or a enforceable order pursuant to section 33c (3) sentence 3 or section 34a (4) is contrary to the provisions of the third sentence of paragraph 3 of this article.

4.

a game device without the confirmation of the competent authority required under section 33c (3) sentence 1,

4a.

Article 33c, paragraph 3, sentence 4, employs one person,

5.

a fully-retractable edition in accordance with Section 34c (1) sentence 2, § 34f (1) sentence 2 or § 34h (1) sentence 2),

6.

a legal regulation pursuant to § 34c (3) or (3) (1), first sentence, first sentence, 1, sentence 1, point 1, 2 or 4, or sentence 2, or of a enforceable order shall be contrary to such a decree, in so far as the legal regulation is applicable to a the fact that the amount of the fine was determined by the fine,

7.

Contrary to § 34d (7) sentence 1, even in conjunction with § 34e (2), or § 34f (5) sentence 1 or the first sentence of paragraph 6, the first sentence of the first sentence of the first sentence of paragraph 6 shall not be

8.

Contrary to § 34e (3) sentence 1, also in conjunction with a decree of law after sentence 2, the commission receives a commission,

9.

does not make a communication, not correct, not complete or timely, in accordance with the first sentence of Article 34f (5) or the second sentence of paragraph 6 of this Article;

10.

shall accept a grant in accordance with the second sentence of Article 34h (3); or

11.

Contrary to § 34h (3) sentence 3, a grant shall not be returned, not completely or not in time.

(4) In the cases referred to in paragraph 1 (1) (l) and (m) and (2), the administrative offence may be in breach of the provisions of Section 34b (6) or (7). a fine of up to EUR 50 000, in the cases referred to in points 1 (a) to (k), (3) and (4) and (2) (1), (1a) and (5) to (11), with a fine of up to EUR 5 000, in the cases referred to in paragraph 2 (1b) and (2) to (4a). , with a fine of up to three thousand euros and in the cases referred to in paragraph 3, with a fine of up to one thousand (5) The administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be the Federal Office of Economics and Export Control in the cases referred to in points 2 and 3 of the first paragraph of paragraph 1 and in the second paragraph of paragraph 2. Unofficial table of contents

Section 145 Violation of provisions relating to the travel industry

(1) Contrary to the law, those who intentionally or negligently act

1.

without permission pursuant to § 55 para. 2

a)

an activity in accordance with the first sentence of Article 34f (1) or the first sentence of Article 34h (1), or

b)

operates other activities as a travel industry,

2.

is contrary to a legal regulation adopted pursuant to Section 55f, insofar as it refers to this fine for a particular offence;

2a.

Contrary to Article 57 (3), the auctioning industry acts as a travel industry,

3.

a fully-enforceable arrangement in accordance with § 59, sentence 1, by which

a)

A travel business pursuant to § 34f (1) sentence 1 or § 34h (1) sentence 1

b)

any other commercial activity shall be prohibited, or

4.

without the permission required under the second sentence of Article 60a (2) or (3) sentence 1, which operates a trade in the travel industry.

(2) The offence also acts as a deliberate or negligent act.

1.

shall be contrary to a regulation pursuant to Section 60a (2) sentence 4 in conjunction with Section 33f (1) or § 33g (2) of this Regulation in so far as it refers to this fine for a particular offence,

2.

Goods in the travel industry

a)

Contrary to Article 56 (1), No. 1,

b)

, contrary to Section 56 (1) no. 2, haggling or buying or

c)

, contrary to Section 56 (1) no. 3,

3. to 5. (dropped)

6.

Contrary to Section 56 (1) No. 6, repurchase or loan transactions are concluded or brokered,

7.

a fully-fledgable edition of

a)

Section 55 (3), also in conjunction with Section 56 (2) sentence 3, second half-sentence,

b)

§ 60a (2) sentence 4 in conjunction with Section 33d (1) sentence 2 or

c)

§ 60a (3) sentence 2 in conjunction with § 33i (1) sentence 2

shall be contrary to

8.

a legal regulation pursuant to § 61a (2) sentence 1 in conjunction with Section 34a (2), § 34b (8), § 34d (8) sentence 1, no. 1 or 3, sentence 2 or 3, or § 34e (3) sentence 3 or 4, or of a enforceable order pursuant to such a decree , in so far as the regulation refers to this fine in the case of a particular case, or

9.

a legal regulation pursuant to § 61a (2) sentence 1 in conjunction with Section 34c (3) or the first sentence of Article 34g (1) or (2), first sentence, points 1, 2 or 4, or sentence 2, or of a enforceable order shall be contrary to the provisions of this Regulation, to the extent that: The legal regulation for a particular case refers to this fine.

(3) The administrative offence shall also be responsible for the intentional or negligent conduct of such offences.

1.

Contrary to § 55c, an advertisement is not, not correct, not fully or not reimbursed in time,

2.

on Sundays or public holidays, an activity referred to in Article 55e (1) in the travel industry,

3.

contrary to § 60c (1) sentence 1, also in conjunction with Section 56 (2) sentence 3, second sentence or § 60c (2) sentence 2 or 3 sentence 2, the travel trade card or a document referred to therein does not result in itself or does not show in time or in time or does not set up an activity there or does not cease to work in time

4.

Contrary to § 60c (1) sentence 2, even in conjunction with Section 56 (2) sentence 3, the goods are not presented,

5.

(dropped)

6.

Contrary to § 56a (1) sentence 1, the event of a travelling camp is not displayed correctly, is not displayed in full or in time, or does not indicate the nature of the goods or the service or the place of the event in the public announcement ,

7.

, contrary to section 56a (1), second sentence, free gifts, including price excesses, draw-off or play-outs, are announced,

8.

contrary to the fourth sentence of Article 56a (1), the organiser, as the organiser, shall be responsible for directing a migrant camp from a person who is not mentioned in the advertisement

9.

an enforceable arrangement in accordance with section 56a (2),

10.

Contrary to § 60c (2) sentence 1, a second copy or a certified copy of the travel trade card shall not be handed out or shall be handed out in good time, or

11.

Contrary to § 60c (3) sentence 1, a document referred to therein does not lead to itself.

(4) In the cases referred to in paragraph 1 (a) and (3) (a), the administrative offence may be up to EUR 50 000, in the cases referred to in paragraph 1 (1) (b), (2), (2a), (3) (b), (4) and (2) (9). with a fine of up to EUR 5 000, in the cases referred to in paragraph 2 (1) to (8), with a fine of up to two thousand five hundred euros, in the cases referred to in paragraph 3, with a fine of up to one thousand euro. Unofficial table of contents

Section 146 Violation of other provisions relating to the exercise of an industrial property

(1) Contrary to the law, those who intentionally or negligently act

1.

a fully-retractable arrangement

a)

in accordance with Article 35 (1) sentence 1 or 2,

b)

pursuant to section 35 (7a) sentence 1, 3 in conjunction with paragraph 1, sentence 1 or 2, or

c)

in accordance with Article 35 (9) in conjunction with the provisions referred to in points (a) or (b)

shall be contrary to

1a.

a person with a permission pursuant to section 35 (2), also in connection with paragraph 9, to be contrary to a fully-enforceable condition, or

2.

uses a commercial facility against a fully-fledgable arrangement in accordance with § 51 sentence 1.

(2) The administrative offence shall also be responsible for the intentional or negligent conduct of such offences.

1.

a legal regulation pursuant to § 6c or a enforceable order is contrary to such a decree, in so far as the legal regulation refers to this fine law for a particular offence,

2.

against

a)

Article 14 (1), first sentence, also in conjunction with the second sentence, paragraph 2, or a legal regulation pursuant to Article 14 (14), second sentence, point 1, or

b)

Section 14, paragraph 3, sentence 1

an indication not, not correct, not fully or not reimbursed in time,

3.

, contrary to § 14 (3) sentence 2 or sentence 3, does not apply a claim, not correct, not complete, in the prescribed manner or not in due time,

4.

Contrary to Section 29 (1), even in connection with Section 4, in connection with Section 61a (1) or Section 71b (1), an information is not issued, not correct, not complete or not in good time,

5.

in the weekly market traffic, other goods other than those permitted under section 67 (1) or (2) are haggled,

6.

Contrary to Section 69 (3), an advertisement is not reimbursed, not correct or not reimbursed in time

7.

a fully-retractable edition in accordance with § 69a (2), also in conjunction with Section 60b (2), first half sentence,

8.

a fully-enforceable arrangement according to § 70a (1), also in conjunction with § 60b (2), which is contrary to the participation in an event mentioned there

a)

for the purpose of carrying out an activity in accordance with Article 34f (1), first sentence, or § 34h (1) sentence 1, or

b)

is prohibited for the purpose of carrying out other commercial activities,

9.

Contrary to Section 70a (3), the Auctioneer's trade is carried out at an event within the meaning of § § 64 to 68,

10.

(dropped)

11.

a legal regulation pursuant to § 71b (2) sentence 1 in conjunction with Section 34a (2), § 34b (8), § 34d (8) sentence 1, no. 1 or 3, sentence 2 or 3, or § 34e (3) sentence 3 or 4, or of a enforceable order pursuant to such a decree to the extent that the legal regulation refers to this fine for a particular case,

11a.

a legal regulation in accordance with Section 71b (2) sentence 1 in conjunction with Section 34c (3) or § 34g (1) sentence 1 or the second sentence of the first sentence of the first subparagraph of paragraph 2 or the second sentence of paragraph 4 or sentence 2 or of a enforceable order by virtue of this regulation; in so far as the legal regulation refers to this fine for a given case, or

12.

Contrary to a legal regulation pursuant to Article 133 (2), first sentence, the professional title of "Baumeister" or a professional title, which contains the word "Baumeister" and refers to an activity in the construction industry, leads to the title "Baumeister".

(3) In the cases referred to in paragraph 2 (8) (a), the administrative offence may be subject to a fine of up to fifty thousand euros, in the cases referred to in paragraph 1 and 2 (11a), with a fine of up to five thousand euros, in the cases referred to in paragraph 2 (4) and (7). with a fine of up to two thousand five hundred euros, in the other cases of paragraph 2, with a fine of up to one thousand euros.

Footnote

(+ + + § 146: For application cf. § 158 + + +) Unofficial table of contents

Section 147 Violation of occupational health and safety regulations

(1) Contrary to the law, those who intentionally or negligently act

1.

A visit or examination pursuant to § 139b (1) sentence 2, para. 4, 6 sentence 1 or 2 is not permitted or

2.

Contrary to § 139b (5), a prescribed statistical communication does not make, not correct, not complete or not in good time.

(2) The administrative offence can be punished with a fine. Unofficial table of contents

§ 147a Forbidden acquisition of precious metals and precious stones

(1) It is prohibited to use minors for commercial purposes

1.

Precious metals (gold, silver, platinum and platinum metals), alloys containing precious metals, and articles of precious metal or alloys containing precious metals, or

2.

gemstones, gemstones, synthetic stones or pearls

(2) The person concerned shall be in breach of the law, who intentionally or negligently acquires goods of the kind referred to in paragraph 1 of a minor nature. The administrative offence can be punished with a fine of up to five thousand euros. Unofficial table of contents

§ 147b Forbidden Acceptance of charges for package holidays

(1) Contrary to the provisions of Section 651k (4), first sentence, also in conjunction with the second sentence of paragraph 5 of the Civil Code, without the surrender of a security note or without proof of a security benefit, a payment by the passenger to the (2) The administrative offence can be punished with a fine of up to 5,000 euros. Unofficial table of contents

Section 148 Criminal infringement of industrial law

A custodial sentence of up to one year or a fine shall be punished.

1.

the infringement, referred to in § 144 (1), 145 (1), 2 (2) or 6 or § 146 (1), has been persistently repeated, or

2.

endanger the life or health of another or other property of significant value by means of an infringement referred to in § 144 (1) (b), (2) (1a) or (1b), § 145 (1), (2), (2) or (2), or § 146 (1).

Unofficial table of contents

Section 148a Criminal infringement of reviewer obligations

(1) A custodial sentence of up to three years or a fine shall be punished for who, as an auditor or as an assistant to a examiner, is misreporting or appreciating the result of an audit pursuant to § 16 (1) or (2) of the Makler and BauCarrier Ordinance. Circumstances in the report conceals. (2) If the offender is acting against payment or in order to enrich himself or another or to harm another person, the penalty shall be punishable by imprisonment of up to five years or fine. Unofficial table of contents

§ 148b Negligent Hehlerei of precious metals and precious stones

Those who are commercially responsible for the goods referred to in § 147a (1), or who are commercially or commercially of precious metals and noble metal-containing alloys and residues thereof, are melting, probing or departing from or from the congregations and compounds of Precious metal waste is recovered with substances of a different kind of precious metals and, in the operation of such a trade, one of the objects referred to in § 147a (1), of which he has not been negligent, that another person has stolen him or else by has acquired, at the cost of, an act of unlawful act directed against a foreign property, or In order to enrich himself or another person in order to enrich himself or another, a third party shall be punished with imprisonment of up to one year or a fine.

Title XI
Commercial Register

Unofficial table of contents

Section 149 Establiting of a commercial register

(1) The Federal Office of Justice (register authority) shall carry out a commercial register. (2) The register shall be entered in the register.

1.

the enforceable decisions of an administrative authority which are no longer countervailable, owing to the lack of reliability or inadequacy of the

a)

an application for admission (permission, authorisation, concession, authorisation) to a commercial or other economic enterprise, or to withdraw or revoke a granted authorisation,

b)

Prohibiting the pursuit of a business which prohibits activity as a representative of a trader or a person entrusted with the management of a business undertaking, or the holding or management of any other economic undertaking,

c)

a request for a certificate of competence pursuant to section 20 of the Explosives Act (Explosives Act) has been rejected or a granted certificate of competence is withdrawn,

d)

in the context of a business or other economic enterprise, the power to recruit or train apprentices, or to employ, supervise, instruction or train children and young people banned or

e)

prohibit the management of road transport operations

,

2.

a waier of an authorisation for a commercial or other economic undertaking during a withdrawal or withdrawal procedure;

3.

to make final fine decisions, including in particular those relating to a lack of tax regularity, which

a)

in connection with or in connection with the pursuit of a business or the operation of any other economic undertaking, or

b)

in the case of activity in a commercial or other economic enterprise, by a representative or representative within the meaning of Section 9 of the Law on Administrative Offences or by a person expressly deemed to be a member of a legal provision as The person responsible is:

if the amount of the fine is more than EUR 200,

4.

legally binding criminal convictions for a criminal offence in accordance with § § 10 and 11 of the Schwarzarbeitsfighting Act, in accordance with § § 15 and 15a of the Employees ' Enforcement Act or pursuant to Section 266a (1), 2 and 4 of the Penal Code, which shall be or in connection with the pursuit of a business or the operation of any other economic undertaking, if the term of imprisonment of more than three months or a fine of more than 90 days ' assessment has been recognized.

The registration shall not apply to decisions and waivings to be entered in the registration register in accordance with Section 28 of the Road Traffic Act. Unofficial table of contents

§ 150 Information at the request of the person concerned

(1) On request, the register authority shall provide a person with information on the content of the register in question. (2) Where the applicant shall, within the scope of this Act, apply to the competent authority pursuant to Section 155 (2) of this Act. If the applicant does not appear in person, a written application shall be admissible with the applicant's signature, officially or officially certified. The applicant shall prove his identity and, if he acts as a legal representative, his power of representation; he may not be represented by an authorised representative in the case of the application. The authority accepts the fee for the information, reserves three eighth of its funds and carries out the remaining amount to the Bundeskasse. (3) Where the applicant is outside the scope of this law, he or she may apply directly to the Federal Office for the purpose of the Register authority. (4) The sending of the information to a person other than the person concerned shall not be allowed. (5) For the preparation of the decision on a request for admission to a trade or any other person economic enterprise, public appointment and diunciation in accordance with § 36, the issuing of a certificate of competence in accordance with § 20 of the Explosives Act or the verification of the reliability according to § 38 (1), the information can also be submitted to the request from an authority. If the information is requested for submission to an authority, it shall be sent directly to the Authority. Upon request, the authority shall provide the person concerned with access to the information. Unofficial table of contents

§ 150a Information to public authorities or contracting authorities

(1) Information from the register shall be provided for:

1.

the persecution because of a

a)

Section 148, No. 1,

b)

§ 404 (1), 2 (3) of the Third Book of the Social Code, section 8 (1) of the German Code of Enforcement, § 21 (1) and (2) of the Minimum Wage Act, in § 23 (1) and (2) of the Employees ' Posting Act and in § 16 (1) to (2) of the Act on the Rights of Workers Workers ' Redundancy Act

in the event of an offence,

2.

preparation of

a)

the decision on the applications referred to in Article 149 (2) (1) (a) and (c),

b)

the other decisions referred to in Article 149 (2) (1) (a) to (e),

c)

of administrative decisions on the basis of the Road Traffic Act, the Road Teachers Act, the Road Personality Act, the Inland Navigation Task Act or the legislation on entries adopted pursuant to these laws, which shall be subject to the the law on passenger transport or the law on the carriage of goods by road,

3.

the preparation of legislation and general administrative provisions, in so far as it is only in an anonymized form;

4.

the preparation of public procurement decisions on criminal convictions and fines decisions in accordance with § 21 (1) of the German Code of Enforcement, § 21 (1) and (2) of the Minimum Wage Act, § 5 (1) or (2) of the German Code of Enforcement Employees-Posting Act in the version in force until 23 April 2009, § 23 (1) and (2) of the Employees ' Posting Act and § 81 (1) to (3) of the Act against restrictions on competition,

. The authorities and contracting authorities within the meaning of Section 98 (1) to (3) and (5) of the Act are entitled to provide information on restrictions on competition which are subject to the tasks set out in the first sentence. (2) Information from the register shall also be provided.

1.

the courts and public prosecutors concerning the entries for the purposes of the administration of justice, referred to in § 149 (2) Nos. 1 and 2, for the prosecution of criminal offences in accordance with § 148 No. 1, pursuant to § 95 (1) No. 4 of the Residence Act and § 27 (2) (2) of the Youth Protection Act also on the entries referred to in section 149 (2) (3),

2.

the police services responsible for the prevention and prosecution of the offences referred to in § 74c (1) (1) to (6) of the Law on the Rights of the Court of Justice for the offences referred to in § 149 (2) (1) and (2) of the Law on the Rights of the Court of Justice,

3.

the competent authorities for the annulment of the fine decisions referred to in Article 149 (2) (3), even if the fine is less than 200 euros,

4.

the authorities responsible pursuant to Section 81 (10) of the Law against Competition Restrictions for the prosecution of administrative offences under Section 81 (1) to (3) of the Act against restrictions on competition, the entries referred to in § 149 (2) (3),

(3) Information on fines for reasons of unlawfulness may be provided only in the cases referred to in paragraph 1 (1) and (2). (4) The authorities entitled to receive information shall indicate the purpose for which the information is required (5) The bodies entitled to the information provided for in the second sentence of paragraph 1 shall, on request, give the person concerned access to the information in the register. (6) The information from the register may only be provided for the purpose of receipt or processing. staff shall be brought to the attention of staff.

Footnote

§ 150a (1) sentence 1 no. 4 italic pressure: in relation to the amendment according to. Art. 11 No. 2 G v. 11.8.2014 I 1348 was inserted after the word "Minimum wage law" a comma and after the word "Employees ' Posting Act" two Commata removed Unofficial table of contents

§ 150b Information for scientific research

The Register Authority may provide information from the Register to universities, other institutions conducting scientific research, and to public bodies, to the extent that they are intended to carry out certain scientific research activities. (2) The information is admissible in so far as the public interest in the research work considerably outweighs the legitimate interest of the person concerned in the exclusion of the information. (3) The information is given in an anonymized form, if the purpose of the research is to use such information (4) Before issuing the information, the register authority shall be obliged to maintain secrecy as to who is not a public official or who is particularly committed to the public service. § 1 (2) and (3) of the Obligations Act shall apply. (5) The personal information may only be used for the research work for which the information has been provided. The use for other research activities or the transfer shall be governed by paragraphs 1 to 4 and shall be subject to the approval of the register authority. (6) The information shall be protected against unauthorised knowledge by third parties. The body responsible for scientific research shall ensure that the use of the personal information is spatially and organizationally separated from the performance of such administrative tasks or business purposes for which the said information is provided. Information can also be of importance. (7) As soon as the research purpose permits, the personal information is to be anonymized. As long as this is not yet possible, the characteristics must be kept separately, with which details can be attributed to the personal or factual circumstances of a specific or determinable person. They may only be merged with the individual information provided that the purpose of the research is required. (8) Anyone who has received personal information in accordance with paragraphs 1 to 3 may only publish it if this is necessary for the presentation of (9) If the recipient is a non-public body, § 38 of the Bundesdatenschutzgesetz (Bundesdatenschutzgesetz) shall apply with the proviso that the supervisory authority shall carry out the implementation of the provisions relating to the Data protection is monitored even if there is no sufficient evidence for a any breach of these rules or if the recipient does not process the personal information in files. Unofficial table of contents

§ 150c Information on foreign as well as on-and inter-governmental agencies

(1) Requests from bodies of another State and of national and intergovernmental bodies to obtain information from the register shall be made in accordance with international law applicable to them, in so far as they are subject to the provisions of the first sentence of Article 59 (2) of the Treaty (2) Request from another Member State of the European Union. (2) Request from another Member State of the European Union the issuing of information shall be carried out by the register authority; and approved. In so far as there is no contract under international law within the meaning of paragraph 1, the information may be provided to the requesting Member State for the same purposes and to the same extent as compared to comparable German authorities. The foreign recipient must be informed that it may only use the information for the purpose for which it has been granted. The exchange of information shall not be granted if it is contrary to the Charter of Fundamental Rights of the European Union. (3) Request from another Member State to provide information from the Register for non-criminal purposes, the nature of which is to be Whereas the scope of this Act is not provided for, the register authority shall, in so far as it is granted in accordance with a legislative act of the European Union, be carried out by the register authority, unless a specific technical assessment of the restriction of information is provided; is required. Where such an assessment is required, the authority responsible for international mutual assistance shall receive information from the register. (4) The responsibility for the admissibility of the transmission shall be borne by the transmitting body. Unofficial table of contents

§ 150d Protocol

(1) The register authority shall draw up protocols containing the following data on the information it has issued:

1.

the provision of the law on which the information is based,

2.

the data of the data subject used in the request and in the information;

3.

the name of the body which has requested information and the name of the receiving body;

4.

the date of the exchange of information,

5.

the name of the person who provided the information;

6.

the file number or purpose if no information is available in accordance with Section 150 (1).

(2) The protocol data may only be used for internal audit purposes and for data protection control. They shall be protected against abuse by means of appropriate arrangements. The log data must be deleted after one year unless it continues to be required for the purposes of sentence 1. After that, they must be deleted immediately. Unofficial table of contents

§ 150e Electronic application

(1) By way of derogation from § 150 (2) or (3), if the application is submitted electronically, the application shall be filed directly with the Register Authority using the access offered on the Internet. The applicant may not be represented by an authorised representative during the application. If the applicant is acting as a legal representative, he has to prove his power of representation. (2) The electronic proof of identity according to § 18 of the German Personnel Reference Act or pursuant to Section 78 (5) of the Residence Act is to be carried out. In this connection, the electronic storage and processing medium of the identity card or the electronic residence permit must be sent to the register authority:

1.

the data in accordance with Section 18 (3) sentence 1 of the Staff ID Act or in accordance with Section 78 (5) sentence 2 of the Residence Act in conjunction with Section 18 (3) sentence 1 of the Personnel expulsion law and

2.

Family name, birth name, first name, place of birth and date of birth, nationality and address.

If the electronic storage and processing medium does not permit the transmission of the birth name, the name of birth shall be indicated and proven in the application. In the case of data transmission, use is made of a secure method corresponding to the respective state of the art, which ensures the confidentiality and integrity of the electronically transmitted data record. (3) Documentary evidence is to be provided shall be submitted electronically at the same time as the application and its authenticity and accuracy of content shall be insure in lieu of Eides. In the case of documents to be submitted, the register authority may require the original of the original in the individual case. (4) The details of the electronic procedure shall be regulated by the register authority. In addition, § 150 shall apply accordingly. Unofficial table of contents

Section 151 Eintraungen in special cases

(1) In the cases of Section 149 (2) (1) (a) and (b), the registration shall also apply to:

1.

the representative of a legal person,

2.

the person responsible for the management of the holding or branch,

which are unreliable or unsuitable, but in the cases of § 149 (2) (1) (b) only provided that the person concerned is engaged in the pursuit of a business or the activity as a representative of a trader or as a (2) If a enforceable decision is indisputable pursuant to § 149 (2) (1), this is to be entered in the register. (3) Are in a penal monetary decision several fines (§ 20 of the Law on Administrative Offences), of which (4) The final decision must be entered in the register, by which the court orders the resumption of proceedings in respect of a registered fine decision (§ 85 (5) If, by the final decision in the retrial, the previous decision is upheld, it shall be entered in the register. Otherwise, the entry in accordance with paragraph 4 shall be removed from the register. If the new decision contains a content to be submitted, it shall be notified. Unofficial table of contents

Section 152 Removal of entries

(1) If a decision taken pursuant to section 149 (2) (1) is repealed or if such a decision or a renunciation of a waiver pursuant to section 149 (2) no. 2 is cancelled by a subsequent decision, then the decision or waiver shall be removed from the register. (2) The procedure shall also be followed where the authority has adopted a temporary decision or, in the notification to the register, has determined that the decision is to be registered only for a specified period, and that time limit (3) The same applies if the enforceability of a person pursuant to § 149 (2) (1) (1) (1) (1) (4) Any entries relating to a person aged over 80 years shall be removed from the register. (5) A fine of a fine in a criminal proceedings shall be withdrawn (§ § § § § § § § 1). 86 (1), section 102 (2) of the Code of Administrative Offences), the registration shall be removed from the register. (6) entries relating to persons whose death has been officially notified to the register authority shall be published one year after the date of receipt of the notice. from the register. During this period no information may be provided on the entries. (7) Entry into legal persons and associations of persons pursuant to § 149 (2) (1) and (2) shall be entered after the end of twenty years from the date of the registration of the Register removed. Where the register contains a number of entries, the removal of an entry shall not be allowed until the conditions of removal are met for all entries. Unofficial table of contents

Section 153 Tilting of entries

(1) The entries in accordance with § 149 (2) no. 3 shall be made after a period of time

1.

of three years, if the amount of the fine is not more than 300 euros,

2.

of five years in the other cases

(2) The entries pursuant to Section 149 (2) no. 4 shall be redeemed after the expiry of a period of five years. In the absence of any consideration for the period laid down in the first sentence, a registration shall be deemed to have been made in the case of registration in the Central Register. (3) The date of the period shall commences in the case of entries in accordance with paragraph 1 with the legal force of the decision, in the case of entries in accordance with (2) with the date of the first judgment. This date shall also be decisive if a decision has been finally amended in the retrial. (4) If the register contains a number of entries, the repayment of an entry shall not be allowed until all entries have been received. the period referred to in paragraph 1 or 2 has expired. (5) A registration to be repaid shall be removed from the register one year after the entry of the conditions for the repayment of the registration. During this period no information may be given on the registration. (6) If the registration has been or is to be repaid in the register, the administrative offence and the decision to take a fine may no longer be detrimental to the person concerned. shall be taken into account. This does not apply if the person concerned applies for admission to a commercial or other economic enterprise, if the authorisation would otherwise lead to a significant danger to the general public or if the person concerned repeals the suspension. of a decision which undertakes the exercise of the business or of any other economic undertaking. § § 51 and 52 of the Bundeszentralregistergesetz (Federal Central Register Act) shall apply in respect of a criminal conviction that has been eradicated or is to be repaid. (7) Paragraph 6 shall apply accordingly to final decisions on fines for administrative offences in the sense of the law Article 149 (2) (3), in which the fine is not more than EUR 200, provided that at least three years have elapsed since the validity of the decision had entered into force. Unofficial table of contents

Section 153a Communications on the commercial central register

(1) The authorities and the courts shall communicate to the commercial register the decisions, findings and facts to be taken. § 30 of the tax code is not contrary to the notifications of decisions within the meaning of section 149 (2) no. 3. (2) The register authority shall hold a notice on the change in the name of a person through which the register contains an entry, such the new name shall be recorded at the time of registration. Unofficial table of contents

§ 153b Administrative regulations

The more detailed provisions on the structure of the register are made by the Federal Ministry of Justice and Consumer Protection in agreement with the Federal Ministry for Economic Affairs and Energy. Insofar as the provisions relate to the collection and processing of the data as well as the exchange of information, they shall be taken by the Federal Government with the consent of the Federal Council.

-
Final provisions

Unofficial table of contents

Section 154

(dropped) Unofficial table of contents

Section 154a

(dropped) Unofficial table of contents

§ 155 Landesrecht, responsibilities

(1) Where reference is made in this Act to the Land Laws, the latter shall also be understood as the constitutional or statutory provisions adopted by law. (2) The State Governments or the bodies designated by them shall determine the laws of the State for which the laws of the State or of the State are to be determined. Implementation of this Act and of the competent authorities under this Act, unless otherwise provided in this Act. (3) The State Governments are authorized to exercise their power to grant legal orders. to the highest national authorities and to other authorities, and to (4) (5) The Senate of the Länder of Berlin, Bremen and Hamburg shall be authorized to give the competent authority to the competent authorities of the Member States of the European Union. To designate public authorities or competent authorities of several administrative units for the purposes of data processing as a single body or authority. Unofficial table of contents

§ 155a Say of information for the purposes of witness protection

§ 44a of the Bundeszentralregistergesetz (Federal Central Register Act) shall apply mutagens for the purpose of providing information for the purposes of witness protection. Unofficial table of contents

Section 156 Transitional arrangements

(1) A trader who has provided insurance within the meaning of Section 34d (1) before 1 January 2007 does not require a permit until 1 January 2009. By way of derogation from Section 34d (7), the registration shall also be effected up to the date on which the permit is required. If the conditions of § 34d (4) are fulfilled, sentence 1 shall apply mutatily to the obligation to register pursuant to section 34d (7). (2) Insurance intermediaries within the meaning of the first sentence of paragraph 1 shall be obliged to provide liability insurance in accordance with § 34d (2) no. 3 shall be completed and maintained for the duration of its activities, unless the conditions set out in Section 34d (4) are fulfilled. The competent authority shall prohibit insurance mediation if the required liability insurance cannot be proved in accordance with Section 34d (2) no. 3. (3) By way of derogation from paragraph 1, persons with a licence to errance must be provided with foreign legal affairs in the field of insurance advice (Article 1 (1) (1) No. 2 of the Law on Legal Advice), the permit pursuant to Section 34e (1) also apply for the registration pursuant to § 34d paragraph 7. If the permission is requested upon presentation of the previous certificate of approval, no examination of the facts, the reliability and the financial situation shall be carried out in accordance with section 34d (2) no. 1, 2 and 4. Permission in accordance with the Law on Legal Adviser shall be issued with the final decision on the application for permission in accordance with Section 34e (1). Up to this date, it shall be deemed to be a permit pursuant to Section 34e (1). Unofficial table of contents

Section 157 Transitional rules to § § 34c and 34f

(1) For a trader who, on 1 November 2007, a permit for the transfer of contracts within the meaning of § 34c (1) sentence 1 (1) (b) in the up to 31. (2) The trader, who on 1 January 2013, has been granted the right to provide investment advice in accordance with Section 34c (1) sentence 1, No. 3, in the version valid from 1 November 2007. Have permission to conclude contracts within the meaning of Section 34c (1) (1) (2) or to provide investment advice pursuant to § 34c (1), first sentence, point 3, and continue to pursue this activity after 1 January 2013; is obliged to apply for a permit as a financial investment intermediary pursuant to § 34f (1) by 1 July 2013 and to as well as the persons to be registered in accordance with § 34f (6) after the granting of the permission in accordance with § 34f (5). The authority responsible for issuing the permit shall provide the necessary information to the register authority. If the permission is requested under the submission of the previous certificate of approval pursuant to Section 34c (1), first sentence, point 2 or point 3, no verification of the reliability and the balance of the assets shall be carried out in accordance with section 34f (2) (1) and (2). the certificate referred to in Article 34f (2) (4) shall apply to paragraph 3. The authorization in accordance with Section 34c (1), first sentence, point 2 or point 3 shall be issued with the final decision on the application for permission in accordance with § 34f (1) sentence 1, but no later than the expiry of the period referred to in sentence 1. Until that date, the permission in accordance with Section 34c (1), first sentence, point 2 or point 3 shall be deemed to be a permit pursuant to § 34f (1) sentence 1. (3) The trader referred to in paragraph 2 shall be obliged to provide a proof of proof in accordance with § § 34f (1), second sentence, of the German law. 34f (2) (4), to the competent authority. The permission in accordance with § 34f (1) sentence 1 shall expire if the required proof of proof of proof in accordance with Section 34f (2) (4) is not provided by the end of this period. Employees within the meaning of Section 34f (4) are obliged to purchase a proof of proof in accordance with Section 34f (2) number 4 by 1 January 2015. Persons who have been employed continuously or independently as investment intermediaries or investment advisers in accordance with Section 34c (1) (1) (2) or (3) of the version in force until 31 December 2012 in force since 1 January 2006 shall be subject to the following requirements: No knowledgeable examination. Self-employed investment intermediaries or investment advisors have the uninterrupted activity by submitting the granted permit and the complete submission of the examination reports in accordance with § 16 (1) sentence 1 of the brokerage and building support ordinance in the 31. (4) For a trader who, on 21 July 2013, permits investment advice or the placement of contracts in accordance with § 34f (1) (1) (1), (2) or (3) in the up to and including the the applicable version of 21 July 2013 shall be subject to the approval of the investment advice or the Transfer of the conclusion of contracts pursuant to § 34f (1) sentence 1 in the version valid from 22 July 2013 as at that time granted. In the case of a trader who, on 18 July 2014, has a permit for the investment advice or the mediation of the conclusion of contracts pursuant to § 34f (1) sentence 1 in the version valid until 19 July 2014, the permission shall be deemed to be valid for the Investment advice or placement services pursuant to § 34f (1) sentence 1 shall be issued as at that date. Paragraphs 2 and 3 shall remain unaffected. The names of the authorisations in the register pursuant to § 34f (5) in conjunction with § 11a paragraph 1 shall be updated by officant. (5) Trader, who on 10 July 2015 a permit pursuant to section 34c (1) sentence 1, point 2, for the placement of Loan contracts or the opportunity to prove such contracts and thus provide partial loans or subordinated loans and who wish to continue to carry out this activity after 10 July 2015 shall be required to continue until 1 January 2016 apply for a permit as a financial investment intermediary pursuant to section 34f (1), first sentence, point 3; and to register for themselves and the persons to be registered in accordance with § 34f (6) sentence 1 after the granting of the permit pursuant to § 34f (5) and (6). The authority responsible for issuing the permit shall provide the necessary information to the register authority. If the permit is requested under the submission of the previous certificate of approval pursuant to section 34c (1), first sentence, point 2, no verification of the reliability and the balance of the assets shall be carried out in accordance with section 34f (2) (1) and (2). Mediation of partial loans and subordinated loans limited. Paragraph 6 shall apply for the verification of the material required in accordance with Section 34f (2) (4). The authorization provided for in Article 34c (1), first sentence, point 2 shall be issued in respect of the mediation of partial loans or subordinated loans with the final decision on the application for permission in accordance with Section 34f (1), first sentence, point 3, but at the latest. at the end of the period referred to in the first sentence. Until that date, the authorization pursuant to Section 34c (1), first sentence, point 2 shall be deemed to be a permit pursuant to Section 34f (1), first sentence, point 3, for the mediation of partial loans and subordinated loans. (6) The trader referred to in paragraph 5 shall be To provide proof of proof of the facts as per Section 34f, paragraph 2, point 4, to the competent authority by 1 July 2016. The authorisation granted in accordance with paragraph 5 shall lapse if the required proof of proof of material is not provided by the end of that period. After providing the proof of proof, the holder of the permission must be granted an unrestricted permission in accordance with § 34f (1), first sentence, point 3. Employees of this permission holder within the meaning of § 34f (4) sentence 1 shall be obliged to purchase a proof of proof pursuant to section 34f (2) number 4 up to 1 July 2016. (7) Trader who is responsible for asset investment within the meaning of § 1 (2) Point 7 of the Investment Bank Act to provide investment services within the meaning of Section 1 (1a) (1) of the Banking Act or to provide investment advice within the meaning of Section 1 (1a) (1a) of the Banking Act shall be subject to the provisions of Article 1 (1) (1a) of the Banking Act. October 2015 no permit pursuant to section 34f (1), first sentence, point 3. Unofficial table of contents

Section 158 Transitional regulation on § 14

§ § 14, 55c sentence 2, § 146 paragraph 2, point 2 as well as Appendixes 1 to 3 (to § 14 paragraph 4) are to be applied in the version valid until 14 July 2011 until the entry into force of the legal regulation referred to in § 14 (14). Unofficial table of contents

Section 159 Transitional provision on § 31

Activities within the meaning of § 31 (1) in the version in force as of 1 December 2013 may already be admitted before 1 December 2013 in accordance with § 31 paragraph 2 in conjunction with legal regulations issued in accordance with § 31 paragraph 4. Unofficial table of contents

Appendix 1 to 3 (omitted)

Footnote

(+ + + Appendix 1 to 3: For use, see § 158 + + +)