Handelsregister Eintragung einer juristischen Person
Inhalt
Begriffe im Kontext
- Eintragung, Änderung der Rechtsform oder Schließung eines Unternehmens (Registrierungsverfahren und Rechtsformen für geschäftliche Tätigkeiten)
Fachlich freigegeben am
Fachlich freigegeben durch
- § Section 12 of the German Commercial Code (HGB)
- § Section 33 of the German Commercial Code (HGB)
- § Section 34 of the German Commercial Code (HGB)
- Act on Costs of Voluntary Jurisdiction for Courts and Notaries (Court and Notary Costs Act - GNotKG)
- Ordinance on Fees in Commercial, Partnership and Cooperative Register Matters (HRegGebV), Annex (to Section 1) Schedule of Fees
Legal entities whose entry in the commercial register is to be made with regard to the object or the type and scope of their business operations must be registered by all members of the Management Board.
The prerequisite for the obligation to register is the operation of a commercial enterprise.
According to case law, a commercial enterprise is
- an externally recognizable,
- permanently and professionally oriented,
- for the purpose of making a profit and
- activity carried out in the economic field.
The obligation to register applies to those companies whose registration is not already ensured by other statutory provisions. These are, in particular, certain legal entities under public law (e.g. corporations, institutions or foundations under public law). The management board obliged to register is therefore also to be understood as the body responsible for representation in accordance with the respective public law provisions, e.g. of the respective public enterprise.
- Registration
- Contract/statutes
- Certificate of appointment of the representatives/board of directors
Further documents may be required in individual cases.
The amount of the fee for the entry is determined in accordance with the German 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.
The application must be submitted to the registry court electronically in a publicly certified form.
After successful registration, you will receive a notification of registration.
Please note that you must also notify the register court of any changes relevant to the company, such as changes to the company name, registered office, granting or revoking powers of attorney, etc.
Legal entities whose entry in the commercial register is to be made with regard to the object or the type and scope of their business operations must be applied for registration by all members of the Management Board.
The requirement for registration is the operation of a commercial enterprise.
According to case law, a commercial enterprise means
- an externally recognizable,
- permanently and professionally oriented,
- for the purpose of making a profit and
- activity carried out in an economic field.
The obligation to register applies to those companies whose registration is not already ensured by other statutory provisions. These are, in particular, certain legal entities under public law (e.g. corporations, institutions or foundations under public law). The management board obliged to register is therefore also to be understood as the body responsible for representation in accordance with the respective public law provisions, e.g. of the respective public enterprise.