Handelsregister Eintragung Offene Handelsgesellschaft (OHG)

Commercial law stipulates that a general partnership (OHG) must be entered in the commercial register. The registration must be made by all partners at the competent registration court. You can find more information here.

The commercial register is a public register kept by the district courts. It serves to ensure legal certainty in commercial transactions by providing complete and reliable evidence of the factual and legal circumstances whose disclosure is of particular interest to the general public. Two sections are maintained:

Department A: For sole traders and partnerships (e.K., OHG, KG).

Department B: For corporations (GmbH, AG)

The commercial register enjoys public faith. This means that bona fide legal transactions are protected to a limited extent in their trust in the correctness of the entries and announcements.

The content of the entry is published ex officio in the electronic Federal Gazette. In principle, all entries are published in their full wording.

The entry in the commercial register must be filed in electronic form with the locally competent district court. The signature of the person or body authorized to represent the company must be certified by a notary public. Depending on the form of the company, different information must be provided and attachments must be included.

The general partnership is also required to register if its activities require a business set up in a commercial manner in terms of type and scope. The registration is to be effected by all partners, whereby those partners who are to represent the company must submit their notarized name signature together with company details to the court for safekeeping.

Required information:

• The company name and legal form
• Company registered office
• Domestic business address
• Surnames, first names, dates of birth and place of residence of each shareholder
• Branch of business
• If applicable, granting of procuration

The registration of a company in the commercial register is generally carried out by a notary public.

The entry itself is made by the district court.

All facts requiring notification must be entered in the Commercial Register in the event of a change (e.g. changes in the authorized representatives or their powers, etc.).