Death of the entrepreneur

Continuing a deceased entrepreneur’s trade prior to the conclusion of probate proceedings

Upon the death of an entrepreneur – a natural person, their trade authorisations terminate, except where one of the persons specified by law notifies their intention to continue the deceased entrepreneur’s trade and meets other conditions prescribed by law (hereinafter the “continuing person”). A deceased entrepreneur’s trade may be continued until the conclusion of the probate proceedings.

Each trade of a deceased entrepreneur may be continued by more than one continuing persons. If no one notifies the trade licensing office of their intention to continue a specific trade of the deceased entrepreneur within the statutory time limit, the trade authorisation for that trade terminates as of the date of the entrepreneur’s death. If a continuing person decides to no longer continue a trade, they will notify the trade licensing office thereof. The authorisation to continue terminates on the date of delivery of the notification to the trade licensing office and, unless the trade is being continued by other continuing persons, the deceased entrepreneur’s trade authorisation also terminates on that date.

Continuing a deceased entrepreneur’s trade after the conclusion of probate proceedings

After the conclusion of probate proceedings, the deceased entrepreneur’s trade for which the trade authorisation has not terminated may be continued by anyone from the statutory group of persons, if they prove that they have acquired the ownership rights relating to the operation of the trade. Such a person need not have been a continuing person prior to the conclusion of the probate proceedings, but they must notify the continuation of the deceased entrepreneur’s trade within the statutory time limit and, at the same time, make a submission to obtain their own trade authorisation for the relevant trade.