Selling a Salzburg ski school: permit and new operator

Equipment, furnishings, and agreed rights relating to the existing business may be included among the assets being purchased. The ski-school permit must be considered separately. Under § 6, its holder is also the ski-school director. The seller's authorisation is not transferred to the buyer by the purchase agreement. Lawful personal management is required even for a complete economic acquisition.

Under § 7 Abs. 1, a ski-school permit cannot be obtained by a limited liability company itself. Separate assessment is required for the role of a company and that of the authorised natural person if the company is to hold assets or participate in the economic organisation. The future director's personal permit is not replaced by buying shares in a company. The relevant question is who will actually exercise the authorised management after handover.

Among other things, § 7 requires qualifying nationality, the corresponding principal residence, reliability, medical fitness, professional qualifications, and sufficient practical experience. A ski-school permit must not already be held by the person. These requirements are not satisfied by an experienced employee or prospective investor merely through their existing role. The evidence must be assessed for the individual who will apply for the permit.

The state ski-instructor examination and required continuing training, the ski-guide examination, and the entrepreneur examination are listed in § 7 Abs. 4 for the ordinary professional qualification. Additional rules in Abs. 5 govern practical experience. A separate recognition assessment under § 21a is required for foreign qualifications. The narrowly framed exception in § 7 Abs. 6 is not a general concession for business acquisitions. Outstanding examinations or recognition procedures belong in the timetable before a binding handover commitment.

Under § 8, a suitable ski-school office, a suitable assembly point, access to suitable beginner practice terrain, and adequate liability insurance are required of the applicant. The location, size, and right to use the office and assembly point must be proven by appropriate documents. A permissible shared-use right can suffice. Where premises or land belong to another party, it must be checked whether the new applicant has the necessary rights and which consent is still required.

The existing location and teaching scope must be compared with the permit and intended use. § 8 distinguishes between unrestricted and restricted permits and takes local conditions into account for further unrestricted permits. A separate authorisation procedure for branches is provided by § 10 Abs. 5; a location in another municipality also requires the appropriate deputy. Under § 10, the ski-school name must identify the director, among other details. These requirements are not satisfied by simply continuing the old branding.

In accordance with § 9, a written application is mandatory. Upon lodging the application, the specified documents regarding principal residence, reliability, medical fitness, and material requirements must not exceed an age of three months. This requirement pertains to that statutory group of documents and does not extend to every examination certificate. Permit procedures are conducted by the chair of the Salzburg Professional Ski and Snowboard Instructors' Association in the capacity of the ski-school authority. The application should clearly identify the person, location, and scope requested.

The location and permitted scope are set by the written decision, to which requirements, conditions, or a time limit may be added. § 9 Abs. 2a also provides for deemed approval if the authority does not issue a decision within the three-month decision period. For completion, the start and expiry of that period and the actual procedural position must be assessed and documented. Three months from any initial contact does not amount to a reliable promise of an operational start. An enquiry through the law firm's form is not a permit application.

Under § 11, the permit must generally be exercised personally. Official authorisation and a statutory reason are required for a deputy. An additional location or temporary illness are included among these reasons. Unrestricted substitution is not permitted by a sale alone. Consequently, an arrangement in which the seller remains director only on paper while the buyer actually takes over management is not a sound transitional solution.

Expiry is provided for in § 15, including expiry upon a written waiver addressed to the ski-school authority. Withdrawal may also be required if personal or material requirements cease to be met or if personal management is absent over a longer period. Consequently, any waiver by the seller must be coordinated with a secured successor arrangement. The special continuation rule following a death cannot be used as a general transfer rule for a sale.

The purchase agreement should specify the authorisation position required for the named new director, the acceptable official requirements, and the evidence permitting completion. The completion assessment should also include secured use rights and the appropriate insurance start date. Agree on who prepares applications and documents, when cooperation is required, and the consequences if approval is refused or delayed. These conditions are contract-drafting recommendations and not a statutory template.

The seller's final operating day, the buyer's first lawful operating day, and the responsibility for courses already booked must also align. Any transfer or consent required for bookings, staff, and other contracts demands separate assessment. Those contractual questions remain unsettled by the personal permit. Mag. Christopher Angerer reviews the permit documents and the proposed acquisition structure so that the release of the purchase price and the actual management change rest on verifiable requirements.