The stock corporation (AG) only becomes a legal entity when it is entered in the commercial register. 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:
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.
A stock corporation is entered in the Commercial Register in Department B. So-called corporations are registered in section B (HRB).
The registration of a company in the Commercial Register Section B is generally carried out by a notary public.
The entry itself is made by the district court.
You can find out which documents you need to submit in individual cases from the notary and the IHK.
All facts subject to registration must be entered in the commercial register in the event of a change.
The registration court must decide on the registration immediately after receipt of the application. If all documents are available and no objections by the court are necessary, registrations are usually made within a few working days.
Fixed fees are charged for entries in the Commercial Register in accordance with the Commercial Register Fees Ordinance.
The amount of the fee for the entry is determined in accordance with the Court and Notary Fees Act in conjunction with the Ordinance on Fees in Commercial, Partnership and Cooperative Register Matters. In addition, expenses are incurred for the public announcement of the entry.
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Full information only available in German language
Last update at 08.03.2023