Handelsregister: Eintragung

If your commercial enterprise requires a business operation that is set up in a commercial manner in terms of type and scope (for example, bookkeeping, company management, commercial order of representation and liability), you are a merchant and obliged to enter it in the commercial register.

Changes to your company must be entered in the commercial register in the same way.

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

Task of the Commercial Register

The commercial register is intended to create legal certainty (for example, for the conclusion of contracts). It therefore contains information about the actual and legal circumstances of the companies (for example, exact company name, registered office of the company, branches, possible limitations of liability, authorized representatives, personally liable partners). Shareholder lists or minutes of annual general meetings can also be viewed at the local court.

For information purposes, all interested parties can inspect the commercial register at the district court and request a printout or a copy from the commercial register. All new entries and changes (e.g. change of managing director, power of attorney and deletions) are now published electronically in the register portal.

The commercial register consists of two sections.

• Department A: Among other things, sole traders (e.K.), general partnerships (OHG) and limited partnerships (KG) are registered here.
• Department B: Corporations such as limited liability companies (GmbH), stock corporations (AG) or partnerships limited by shares (KGaA) are registered here.

In the event of a change in relevant information about your company, such as the registered office, the legal form or the authorized representative, please have the commercial register entry corrected immediately by the competent authority.

• publicly certified application for entry in the commercial register
• Depending on the legal form of your company and the type of fact to be entered, further documents must be submitted (some of which must also be certified by the notary)

You can find out which documents you need to submit in individual cases from the competent authority and your chamber.

The fees for entry in the commercial register depend on the registration effort.

There are no deadlines to be observed. Immediate registration is advisable, as there are legal registration obligations.

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

If you operate a company that does not require a commercial business operation in terms of type and scope (so-called small traders), you are not obliged, but entitled, to be entered in the commercial register. If you make use of this right and are entered in the commercial register, you become a merchant with the registration. For more information, please contact the Chamber of Commerce and Industry in your place of residence.

The management of a commercial company, which is set up in a commercial manner in terms of type and scope, makes you a merchant and obliges you to be entered in the commercial register.

The notary's office is responsible.

To submit an application, please contact the competent authority, which will also advise you on the formulation of the application. Registration takes place exclusively by electronic means.