Changing the responsible representative

Appointing a responsible representative

The procedure followed by the trade licensing office in changing the responsible representative differs depending on whether the responsible representative is appointed by the entrepreneur for a notifiable trade or a permitted trade.

In the case of a notifiable trade, the entrepreneur must notify the trade licensing office of the appointment of a responsible representative within 15 days from the date of such appointment, and prove that the responsible representative meets the general and specific conditions for carrying on the trade. If so, the responsible representative may perform their functions from the date of appointment by the entrepreneur.

In the case of a permitted trade, the entrepreneur must submit the appointment of a responsible representative to the trade licensing office for approval. Again, the responsible representative must meet the general and specific conditions for carrying on the trade and, where relevant, their appointment must also be approved by the administrative authority that is referred to in Annex 3 to the Trade Licensing Act and that provides an opinion on the application for a concession. For a permitted trade, the appointment of a responsible representative comes into force on the date on which the decision to approve the appointment of the responsible representative came into force.

Termination of the appointment of a responsible representative

Notification made by the entrepreneur

The entrepreneur must notify the trade licensing office of the termination of the appointment of a responsible representative within 15 days of the date of such termination, regardless of whether the trade in question is a notifiable or a permitted trade. If the entrepreneur does not have another responsible representative appointed for a given trade, even though the Trade Licensing Act requires that, or if the entrepreneur themselves does not meet the specific conditions for carrying on the trade, the trade licensing office will open proceedings to suspend the trade pursuant to Section 58(3) of the Trade Licensing Act.

Notification made by the responsible representative

The responsible representative themselves may also notify the trade licensing office of the termination of their appointment, but they must also prove that they have informed the entrepreneur of the termination of their appointment in advance in writing. The responsible representative’s notification of the termination of their appointment is without prejudice to the entrepreneur’s obligation to carry on the trade in accordance with the conditions set out in the Trade Licensing Act, and as before, If the entrepreneur does not have another responsible representative appointed for a given trade, even though the Trade Licensing Act requires that, or if the entrepreneur themselves does not meet the specific conditions for carrying on the trade, the trade licensing office will open proceedings to suspend the trade pursuant to Section 58(3) of the Trade Licensing Act.