The commercial register is a public register kept by the local courts. It serves to ensure legal certainty in commercial transactions, as the factual and legal circumstances, the disclosure of which is of particular interest to the general public, are fully and reliably documented. There are two sections:
Section A: For sole traders and partnerships (e.K., OHG, KG)
Section B: For corporations (GmbH, AG)
The commercial register is a public record. This means that legal transactions in good faith are protected to a limited extent in their trust in the accuracy of the entries and announcements.
The content of the entry is published ex officio in the electronic Federal Gazette. In principle, all entries are published in full.
The entry in the commercial register must be applied for in electronic form at the locally competent district court. The signature of the person or body authorized to represent the company must be certified by a notary. Depending on the form of the company, different information must be provided and attachments added.
General partnerships are also obliged to register if their activities require a business operation that is set up in a commercial manner in terms of type and scope. The registration must be effected by all shareholders, whereby those shareholders who are to represent the company must submit their notarized signature together with the company name to the court for safekeeping.
Required information:
- The company name and legal form
- Registered office
- Domestic business address
- Surnames, first names, dates of birth and place of residence of each shareholder
- Line of business
- Granting of power of attorney, if applicable