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Eintragung in das Handelsregister als juristische Person

Legal entities whose entry in the Commercial Register must be made with regard to the subject matter or the nature and scope of their business operations must be applied for entry by all members of the Management Board. You can find more information here.

The commercial register is a public register kept by the district courts. It serves to ensure legal certainty in commercial transactions by providing complete and reliable evidence of the factual and legal circumstances whose disclosure is of particular interest to the general public. Two sections are maintained:

  • Department A: For sole traders and partnerships (e.K., OHG, KG).
  • Department B: For corporations (GmbH, AG)

The commercial register enjoys public faith. This means that bona fide legal transactions are protected to a limited extent in their trust in the correctness 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 their full wording.

The entry in the commercial register must be filed in electronic form with the locally competent district court. The signature of the person or body authorized to represent the company must be certified by a notary public. Depending on the form of the company, different information must be provided and attachments must be included.

The obligation to register concerns those companies whose registration is not already guaranteed by other statutory provisions. This applies in particular to certain legal entities under public law (e.g. corporations, institutions or foundations under public law).

The management board required to register therefore also includes the representative body provided for under the relevant provisions of public law, e.g. the respective proprietary company.