Kernrechtsfrage
Whether the claimant was excluded from unemployment benefits as the spouse of an employer-like person during 2011-08-01 to 2011-10-31.
Extrahierter Entscheid
Yes. Her husband retained decisive entrepreneurial discretion as sole proprietor, so she remained barred as a working spouse of an employer-like person.
Extrahierte Begründung
The husband stayed registered as sole proprietor and kept effective control despite transferring the franchise operation; the decisive point is actual and final departure from the business, not the trade-register deletion. The risk of abuse persisted, so no concrete misuse had to be proven.