Handelsregister

The Commercial Register is a public register which keeps records of registered merchants and companies in the district of the competent registration court and which provides information on the documents deposited there. The Commercial Register provides information about essential legal and economic circumstances ("facts") of merchants and companies and can be inspected by anyone.

Since January 1, 2007, the commercial register has been maintained exclusively electronically. Data from the following public directories is available on the joint Internet portal of the German registry courts:

• Commercial Register
• Register of Cooperatives
• Partnership register
• Register of associations (in part)

Task of the Commercial Register

The purpose of the Commercial Register is to create legal certainty (for example, for the conclusion of contracts). It therefore contains information on the factual and legal circumstances of companies (for example, the exact company name, the company's registered office, branches, any limitations of liability, persons authorized to represent the company, personally liable partners).
Lists of shareholders or minutes of annual general meetings can also be inspected at the local court.

Freely accessible information

All interested parties may inspect the Commercial Register at the Local Court for information purposes and request a printout or a copy from the Commercial Register.

Structure

The Commercial Register consists of 2 sections.

• Department A
  Here, among others, sole traders (e.K.), general partnerships (OHG) and limited partnerships (KG) are registered.
• Section B
  Corporations such as limited liability companies (GmbH), stock corporations (AG) or partnerships limited by shares (KGaA) are entered here.

Entry of a small business

If you operate a business that does not require a business operation set up in a commercial manner in terms of its type and scope (so-called small traders), you are not obliged, but are entitled, to have yourself entered in the Commercial Register. If you make use of this right and register, you will be considered a businessman or businesswoman upon registration.

Commercial rights and duties

As a merchant, in contrast to the so-called small trader, you have the following rights and obligations, among others:

• You may grant procuration, i.e. provide employees with far-reaching management and representation powers. Because of its special significance, the granting of procuration is entered in the commercial register.
• You may freely agree on a place of jurisdiction.
• You can also issue guarantees, promises of debt or an acknowledgement of debt orally.
• You must comply with the accounting and reporting requirements under commercial law.

The Commercial Register is a public register which keeps records of registered merchants and companies in the district of the competent registration court and which provides information on the documents deposited there. The Commercial Register provides information on essential legal and economic circumstances ("facts") of merchants and companies and can be inspected by anyone.