Insolvency
Business crisis

Insolvency offence as a trade exclusion: assess access after conviction

A convicted business owner can assess whether the insolvency offence bars a trade and whether the conviction has been expunged.

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BRANDAUER Rechtsanwälte

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2 October 2026, Mag. Bernhard Brandauer, Rechtsanwalt

A criminal conviction for an insolvency offence can restrict access to a trade. Section 13(1) of the Austrian Trade, Commerce and Industry Regulation Act, GewO, lists specific offences and also requires that the conviction has not been expunged for the exclusion of a natural person.

The first review must separate three questions: Which offence is stated in the judgment, which statutory threshold applies and has the conviction been expunged? Only then can the effect on a trade licence be assessed.

This article addresses exclusion from a trade because of a criminal conviction. Insolvency, an insolvency petition or an unpaid claim alone does not answer that question.

Review fields

Review the conviction, threshold and expungement separately

The file should show each requirement under section 13(1) GewO on its own.

First review of access to a trade
Review field What matters? Useful document Next step
Criminal conviction The judgment must concern an insolvency or creditor-related offence listed in section 13(1) GewO. Judgment, criminal record and case reference Clarify the offence and finality
Other criminal offence For another offence, more than three months of imprisonment or more than 180 daily rates are the statutory thresholds. Judgment stating the type and level of penalty Compare the penalty with the threshold
Expungement Section 13(1) point 2 GewO requires that the conviction has not been expunged. Criminal record and information on expungement Document the expungement status separately
Specific trade The application and the person applying for the trade must be connected with the conviction. Trade application and identity documents Prepare the authority review precisely

The table structures the first review. It does not replace the authority decision in the individual procedure.

Next step

Which question is open in your file?

Choose the point at which the trade licence assessment currently stops.

Discuss the specific matter with the firm.

01 Question 1

Which question is open in your file?

Your answers

Review the documents

01

Clarify the offence and finality of the judgment

Classify the judgment by the specific criminal offence. Section 13(1) GewO expressly refers, among others, to fraudulent bankruptcy, harm to foreign creditors, favouring a creditor and grossly negligent impairment of creditor interests under sections 156 to 159 of the Criminal Code. Also check whether the judgment is final.

02

Compare the penalty with the statutory thresholds

If the conviction concerns another criminal offence, compare the penalty stated in the judgment with section 13(1) point 1(b) GewO. The relevant thresholds are more than three months of imprisonment or a fine of more than 180 daily rates.

03

Document the expungement status with reliable records

Section 13(1) point 2 GewO focuses on a conviction that has not been expunged. Do not rely on the age of the judgment alone. Obtain a current criminal record and clarify the expungement status from the relevant documents.

04

Keep insolvency proceedings and conviction separate

Inability to pay, an insolvency petition or an unpaid claim does not replace the criminal conviction to which section 13(1) GewO refers. First establish whether a criminal judgment exists at all.

What section 13(1) GewO provides for insolvency offences

Section 13(1) GewO addresses natural persons for this type of exclusion. It refers to a criminal conviction and to the absence of expungement. The term “fraudulent bankruptcy” is often used broadly in everyday language. The trade review must identify the exact offence established by the judgment.

The provision expressly includes, among others, fraudulent bankruptcy, harm to foreign creditors, favouring a creditor and grossly negligent impairment of creditor interests under sections 156 to 159 of the Criminal Code. Section 13(1) point 1(a) GewO also lists the offences under sections 153d and 153e of the Criminal Code stated there.

The review therefore starts with the judgment. An economic crisis may explain the background to proceedings, but it does not establish that a listed criminal offence has been committed.

Which convictions can exclude a trade

For the offences listed in section 13(1) point 1(a) GewO, the review focuses on the classification of the criminal conviction and on whether it has been expunged. A general description as an insolvency offence is not enough. The judgment must be compared with the statutory list.

For another criminal offence, section 13(1) point 1(b) GewO sets separate thresholds. The exclusion there requires imprisonment for more than three months or a fine of more than 180 daily rates. The type of penalty, its level and the exact offence must therefore be taken from the judgment.

These thresholds answer a different question from the classification of the specifically listed insolvency and creditor-related offences. The file should show both lines separately so that the penalty for another offence is not confused with the statutory list.

Why inability to pay alone is not enough

Insolvency proceedings describe an economic position or a procedural route. Section 13(1) GewO requires a criminal conviction for the exclusion addressed here. An insolvency petition without a criminal judgment therefore does not by itself create this exclusion.

The same applies to an unpaid claim or a dispute about repayment. Those issues may have civil-law or insolvency-law consequences. They must be kept separate from the question whether a natural person is excluded from a trade because of specific criminal conduct.

The person also matters. The provision discussed here concerns natural persons. A trade application should therefore identify who is to hold the trade and which conviction the authority is being asked to assess.

Why expungement of the conviction matters

Section 13(1) point 2 GewO adds the requirement that the conviction has not been expunged. The age of a judgment alone does not provide a reliable answer. The expungement status must be checked against official documents and the judgment.

The first file should therefore contain the date of the decision, its finality, the exact penalty and a current criminal record. Differences between older records and a current extract must be clarified before drawing a conclusion about the trade licence.

Expungement is its own review line. It must not be equated with the end of insolvency proceedings, a discharge from debts or the mere passage of time since an economic crisis.

Which documents prepare the trade review

For the first legal review, obtain the complete criminal judgment, proof that it is final and a current criminal record. The file should also contain the planned trade, the identity of the person applying and the intended application.

Order the documents under three questions: offence, statutory threshold and expungement. Record which sentence in the judgment describes the offence, which penalty was imposed and which document proves the expungement status. This keeps established facts separate from open points.

The article Debtor insolvency petition concerns preparation of insolvency proceedings and addresses a different question. The article on debt relief proceedings and discharge also does not automatically answer whether a criminal conviction still bars a trade under section 13(1) GewO.

The conviction is decisive: only the combined review of offence, penalty and expungement shows whether section 13(1) GewO bars the trade.
FAQ

Frequently asked questions about trade exclusion

Does every insolvency automatically exclude a person from a trade? +

No. Section 13(1) GewO links the exclusion addressed here to a criminal conviction and to a conviction that has not been expunged. Inability to pay or an insolvency petition alone does not replace that requirement.

Which insolvency offences are referred to in section 13(1) GewO? +

The provision includes, among others, fraudulent bankruptcy, harm to foreign creditors, favouring a creditor and grossly negligent impairment of creditor interests under sections 156 to 159 of the Criminal Code. It also refers to the offences under sections 153d and 153e of the Criminal Code stated in the provision.

What thresholds apply to another criminal offence? +

Section 13(1) point 1(b) GewO refers to imprisonment for more than three months or a fine of more than 180 daily rates. The type and level of penalty must be taken from the judgment.

Why does expungement matter for a trade licence? +

Section 13(1) point 2 GewO requires that the conviction has not been expunged for this exclusion. The status should be checked with a current criminal record and the relevant documents.

Topics
Insolvency offenceTrade exclusionTrade licenceGewOFraudulent bankruptcyExpungementBusiness owner

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