Eintragung in das Handelsregister beantragen

If your commercial enterprise requires business operations that are set up in a commercial manner in terms of type and scope (for example, requirement of bookkeeping, company management, commercial order of representation and liability), you are required to be a businessman or businesswoman and to be entered in the Commercial Register.

Changes to your company must be entered in the Commercial Register in the same manner.

The commercial register kept by the district courts is a public register of all merchants in the district of the respective register court.

The purpose of the Commercial Register is to provide 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.

All interested parties can inspect the commercial register at the local court for information purposes and request a printout or a copy from the commercial register. All new entries and changes (for example, changes in managing directors, procuration and deletions) are now announced electronically in the register portal at www.handelsregister.de.

The commercial register consists of two sections.

• Section A: This is where sole traders (e.K.), general partnerships (OHG) and limited partnerships (KG) are entered, among others.
• Section B: This is where corporations such as limited liability companies (GmbH), stock corporations (AG) or partnerships limited by shares (KGaA) are entered.

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 be entered in the Commercial Register. If you make use of this right and register, you become a merchant upon registration.

A merchant, in contrast to a so-called small trader, has the following rights and obligations, among others:

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

To apply, you should contact a notary public.

The notary will advise you on the formulation of the application.

Your application for entry in the Commercial Register must be submitted electronically in publicly certified form....

Have significant details about your company, such as the registered office, the legal form or the authorized representatives, changed? If so, please have the entry in the Commercial Register corrected without delay.

The entry is made in the same way exclusively by a notary public.

In Mecklenburg-Western Pomerania, the registration is made by transferring the electronic document to the so-called electronic court and administration mailbox (EGVP) of the registry courts in Neubrandenburg, Rostock, Schwerin and Stralsund.

• Publicly certified application for entry in the Commercial Register.
• Depending on the legal form of your company and the type of fact to be registered, further documents must be submitted (in some cases also to be certified by the notary public).

You can find out which documents you need to submit in individual cases from the notary public and the Chamber of Industry and Commerce (IHK) or the Chamber of Crafts (HWK).

The fees for registration in the Commercial Register depend on the registration effort.

None. Immediate registration is advisable, as there are legal registration obligations.

Expert opinion by the IHK / HWK

The chambers support the local court in maintaining the commercial register. In certain cases, the district court requests the chamber to issue an expert opinion on an application for entry in the commercial register or an amendment.
In order to avoid subsequent objections and costly changes as well as to speed up the registration process, you should coordinate your planned company formation with your IHK or HWK in advance.

Contact a notary public's office for registration and for amendments.