Genossenschaftsregister Europäische Genossenschaft (SCE) eintragen

You can register your cooperative as a European Cooperative. You can only apply through a notary; it is not possible to apply independently.

You can apply for registration via your notary if you are setting up a new cooperative, merging existing cooperatives or converting an existing cooperative.

A registered European cooperative is a legal entity that is itself the holder of rights and obligations. You and other members can be natural and legal persons. As an individual member of a cooperative, you are not normally liable.

In general, when founding a new cooperative, you must

• the articles of association of the cooperative,
• the certificate of appointment of the supervisory board
• and the certificate of the auditing association.

A notary of your choice will advise you on the documents that differ or are additionally required in your case.

In order for you to register a cooperative as a European cooperative in the register of cooperatives, a cross-border connection is required. This means that you, the founders of the cooperative, must be domiciled in different member states, be subject to the law of different member states or have had a foreign branch or cooperative subsidiary for at least two years.

To be entered in the register of cooperatives, you must:

• Have carried out a procedure to involve your employees.
• Either set up a new cooperative, merge at least two cooperatives or convert an existing cooperative.
• If you are founding a new European company, you must have five natural or legal persons or partnerships set up the company. You must either be domiciled in at least two different member states of the European Union (EU) or at least two companies must be subject to the law of different EU member states.
• If no natural persons are involved in the new formation, two legal entities or partnerships can already form a European Cooperative Society (SCE).
• If you wish to merge two or more cooperatives in order to enter a European Cooperative Society in the register, at least two of the companies must be subject to the cooperative law of different EU member states.
• And if you want to convert an existing cooperative in its legal form into a European Cooperative Society, the existing cooperative must have been founded in an EU member state and have its registered office or head office in an EU member state. In addition, the cooperative that is to be converted must have a branch or subsidiary that has existed for at least two years in another EU member state and is subject to the law applicable there.

• Further costs depend heavily on the individual case and cannot be specified in general terms. The costs incurred in your case can be calculated for you by a notary of your choice.
• You must also pay the costs for the public announcement of the registration.

• The notary will advise you on the application.
• The notary prepares the application in the required form as stipulated by law.
• The notary will send the application in electronic form via the electronic court and administrative mailbox with an electronic signature to the competent registry court.
• The competent registry court will then contact you and request an advance on costs in the amount of the anticipated costs.
• If the registry court has any objections after checking your documents, the court will contact you or your notary.
• You then have the opportunity to send in any additional documents requested.
• If the court rejects the registration, you will receive a negative court decision. You have the option of lodging an appeal against this.
• If there are no objections after your documents have been checked, the entry will be made in the register of cooperatives. You will then receive a notification of registration and a final invoice for costs.
• If there are important changes, such as the registered office, legal form or authorized representatives, you must notify the register court of these changes again via a notary.

The business must be registered at the same time as taking up the activity. There are no deadlines beyond this.

• EuropeanCooperative in the register of cooperatives
• Registration can be applied for in the case of a newly founded cooperative
• Registration may be applied for in the case of a merger of at least two cooperatives
• Registration can be applied for in the case of a conversion of an existing cooperative
• Registration can only be applied for through a notary.
• Responsible: The commercial register of the applicant

To apply for the registration of a European Cooperative in the register of cooperatives, please contact a notary. It is not possible to submit an application without a notary.