Commercial Register Registration
If your commercial enterprise requires a business that is set up in a commercial manner according to the nature and scope (e.g. requirement of accounting, company management, commercial order of representation and liability), you are obliged as a merchant or businesswoman and to register in the commercial register. You must register changes to your company in the same way in the Commercial Register. The commercial register maintained by the district courts is a public register of all merchants in the district of the respective registry court. The aim of the commercial register is to provide legal certainty (e.g. for the conclusion of contracts). It therefore contains information on the actual and legal circumstances of the companies (e.g. exact company name, registered office of the company, branches, possible limitations of liability, persons authorised to represent, personally liable partners). Shareholder lists or minutes of annual general meetings can also be viewed at the district court. All interested parties can consult the commercial register for information purposes at the local court and request a printout or a copy from the commercial register. All new entries and changes (e.g. change of manager, procura and deletions) will now be published electronically in the register portal under www.handelsregister.de. The commercial register consists of two departments. Department A: Individual merchants (e.K.), open trading companies (OHG) and limited partnerships (KG) are registered here. Division B: Capital companies such as limited liability companies (GmbH), public limited companies (AG) or limited partnerships are registered on shares (KGaA). If you operate a company that does not require a commercially established business (so-called small business owners), you are not obliged, but you are entitled to register in the commercial register. If you make use of this authorization and register, you will become a merchant or a saleswoman with the registration. In contrast to the so-called small business trader, a merchant has, among other things, the following rights and obligations: They may grant procuratorships, i.e. provide employees with extensive management and representation powers. For their particular importance, the issue of a procuratorate is entered in the commercial register. You can freely agree on a place of jurisdiction. You can also give guarantees, promises of guilt or a guilty note orally. You must comply with the accounting and accounting rules under commercial law. To apply, contact a notary or notary. The notary or notary advises on the formulation of the application. Your application for registration in the Commercial Register must be filed electronically in a publicly certified form. Relevant information about your company, such as the company's registered office, the legal form or the authorised representatives, has changed? Then please have the commercial register entry corrected immediately. In the same way, registration takes place exclusively through a notary or a notary.
publicly certified application for entry in the commercial register Depending on the legal form of your company and the nature of the fact to be entered, further documents must be submitted (partly also to be certified by the notary) You can find out which documents you have to submit in individual cases from the notary and the Chamber of Commerce and Industry (IHK) or the Chamber of Crafts (HWK).
The Chambers assist the District Court in maintaining the Commercial Register. In certain cases, the district court asks the Board to give an opinion on an application for registration in the commercial register or an amendment. In order to avoid subsequent complaints and costly changes as well as to speed up registration, you should coordinate your planned company start-up with your Chamber of Commerce or HWK in advance.
Sections 8, 8a, 10 and 12 Of The German Commercial Code (HGB) Section 39a Of-Certificate Law (BeurkG) - Simple Electronic Certificates Commercial Register Fees Ordinance (HRegGebV) (Court fees for registration)