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Certificate of registration

How and where can you see apply for a certificate of registration and ?

The entries in the Register can be ordered via the Internet around the clock online. eg handelsregister.unternehmen24.info .

can current, chronological or historical statements, ordered in PDF format. The nature of the statement and supplementary information such as social contract, or list of shareholders is determined by the applicant.

can also be obtained for a fee at the local courts, in person, in writing or by fax printouts.

The current statement is at the time of grant of the current registration statement again. Not included in the current term, those records which are made reddened or otherwise void under § 58 as indicated, according to § 58a of the marked items and the information in the columns § 61 (HR A) No 6 point and b § 62 (HR B) No 7, point b.

contains The chronological statement the current and already deleted entries since the description in the electronic register (simple and certified copies).

The historical statement shows all before the transfer took place in the electronic register (and by definition deleted) entries in image format.

certificates of registration may be required by everyone. A particular interest or attorney is not required

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information on trade statistics

The trade register is a public register that is managed by the local courts. It lays open for business the essential legal relations of the registered sole traders and companies. be

Registration for company registration must be notarized form

is in connection with the commercial register, often the question of the company name, ie the name of the company to be registered or the registration requirement.

The company needs to identify the merchant to be suitable and have a distinctive character. It should not contain any information which is likely about business conditions, which addressed the public is essential to mislead.
is for registration in the register required every merchant whose business requires commercial facilities. This was adopted as a rule, if the annual turnover of a trading company more than 400,000 € and more employees.

OHG, KG, GmbH and AG are to be entered in the register.
can voluntarily at any tradesman - regardless of the amount the company - registered in the commercial register.

On our website you will find a variety of information that gives a detailed study of information and answers to frequently asked questions.

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Register Register registrations

Over 1.4 million enterprises in the German commercial register

How many commercial register of companies are there anyway? And what legal forms are particularly in demand?

the listed documents, see graphical summaries of the type and total number of 1,444,379 German Commercial Register Company (April 2008).

were among more than 1 million limited liability companies (of which around 970,000 Limited liability companies) and over 430,000 private companies.

addition, you will also find information about the association, cooperative and partnership register.
Stand: 01.11.2008

Registered companies nationwide

register entries per federal

registration revisions in the various registries nationwide

overview of registered entities in Germany

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Accelerated registration of a company

1. 
   before completion of the notarization of the social contract with corporations and the notarization of the commercial register an account at the commercial partnerships should be with Chamber of Commerce at least the company or a corporation is the subject of the company are agreed on in advance. Firstly, it has provided valuable clues to a potential confusion with ability have the registered companies (Germany), on the other hand one can also have the statutory conditions of corporate training advice.
   
   
   
   


2. 
   is after the notarization or certification the opportunity to have the making of the Chamber of Commerce called a preliminary statement on the company and the purpose of the company. This avoids that the district court to consider the requirements for registration under § 126 § 23 FGG and HRV in the Chamber with a request to deliver an expert opinion turns.
   
   
   
   


3. 
   The preliminary opinion of the CCI should be together with the founding documents and the evidence for corporations that the required payments have been made to the capital stock (for an LLC) or shares (the company), the district court Charlottenburg be submitted electronically by a notary (see our information sheet Doc No. 24 105).
   
   
   
   


4. 
   important in connection with a smooth registration process, the timely payment of the court in advance.
   
   
   


5. 
   following errors for the formation of companies in the past often led to a complaint to the district court and thus delayed the entry in the Commercial Register:
   was

• 
  § 30 HGB sufficient attention was not. According to § 30 HGB , each new company by everyone at the same place or in the same community already existing and clearly different from the commercial register or the register of cooperatives registered companies. here can give you the Berlin Chamber of Commerce in advance of important instructions.
  


• 
  are often criticized companies because they face Violated § 18 para 2 HGB. These companies include information that is likely to mislead about business conditions, which are essential for the targeted public. Also can the Berlin Chamber of Commerce in advance to avoid a finding assistance.
  


• 
  are often criticized as additives "& Partners" or "partnership" . These additives are the legal form of partnership name companies under the Companies Law Partnership. Other companies as a partnership, it is forbidden to carry such a designation.
  
  Furthermore, it was often the following complaint:
  


• 
  lack of evidence of transfer of shares
  


• 
  missing sum even down the foundation expenses that should be taken over by the company, the partnership agreement
  


• 
  lack of information on power of attorney the manager in the trade registers.
  


• 
  missing bank records to demonstrate compliance with the deposit requirement.
  

If it is related to the entry in the register delays come, they have the opportunity to contact their Chamber of Commerce.

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accounting obligations for traders

According to the Commercial Code (HGB) are subject to all the merchants of the accounting requirement.

accounting benefits must prepare their financial statements within certain time limits and keep. The Commercial Code applies additional regulations for limited companies and certain commercial companies, depending on the size class. These regulations apply to an expanded requirement to prepare, audit requirements and disclosure requirements. The Company's management are responsible for compliance with obligations; in case of infringements they expect enforcement action.

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I. Function of the Register of

The trade register is a public register, kept by the respective district courts.

It has the purpose of factual and legal circumstances of the individual merchants and commercial companies the right to assign traffic completely and reliably.

Since 1 February 2007, all documents as part of the nationwide adoption of electronic legal transactions are filed electronically.


The applications for registration must still be verified publicly.

be gistereintragungen Commer-made online in the electronic scoreboard, known. For a transitional period until 2008 is the announcement come in a daily newspaper.

The amount to be entered in the register of facts is established by law. These need to be logged. For this is according to § § 132 et seq FGG (Law on the Voluntary Jurisdiction) register constraint, ie, the merchants, the general partners or the institutions (President / CEO) of a company may be forced to sign certain legal processes by fines and imprisonment.

enjoys the trade register in the same way as the land registry, public faith. This means that the bona fide legal procedure in his reliance on the accuracy of information and notices will be protected.

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II What is registered?

The entries are in the commercial register in two sections.

sole proprietors and partnerships are under number HRA ... (Commercial register, Division A)

and corporations under the number HRB ... (Commercial Register, Section B) registered.

The are commercial registration department A information on: name, legal form, name of the owner or the general partners of a business partnership, change of owner, partner, place of establishment, Amount of the limited partnership, granting powers of attorney, the opening of insolvency proceedings, cancellation of the company.

The are commercial registration department B information on: name, legal form, place of establishment, managing director, capital of the GmbH or capital stock of the corporation, senior officer, liquidation, insolvency proceedings, cancellation of the company.

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III. Who will apply? IV

first Sole proprietor / individual clerk
The sole proprietor or the single clerk (e. K. and e. Kfm / d. Kfr) is required for registration in the commercial register, unless the company does not require the type and extent of a commercially furnished Business.

Even if a company not on the nature and scope requires a commercially organized business, it is entitled to apply for company registration. Unless such a company would voluntarily enter into the commercial register, purchased with the registration, the "merchant".


When operated in a commercial manner is a company if the following features have reached a certain size: sales, working capital, spatial extent of the business, number of employees, use of credit, etc. The following year's sales figures an indication given for the duty, the company registration to perform:


sales figures for company registration:
production 300,000 - €
wholesale 300.000, - €
Retail 250,000 - €
Services 175.000, - €
agency commission 120,000 -
dining restaurants € 300,000 - €
Hotels 250.000, - €


Not as occupation of K. e., the activities of the so-called liberal professions such as lawyers, accountants, architects, doctors, artists, be exercised. Such persons are therefore not a businessman.


second Commercial partnerships (OHG, KG)
These companies have as their object the operation of a trade. Even for them is that exists from the existence of a commercially equipped business operation, the registration requirement in the commercial register, but they may to the wishes of the shareholders also voluntarily, ie without being commercial, are entered.


third Corporations (GmbH, AG)
These companies are already registered because of their legal status in the commercial register. The extent of their activity has no obligation to register for the role.

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importance of company registration

arising from the commercial register, for the merchant a number of benefits and obligations:

• 
  mediated Registration in the commercial register, the contractors a first impression of the company, but not about liquidity and reliability
• 
  A company in the legal sense can only result in the registered companies.
• 
  merchants may sue and be sued in its own name.
• 
  in the registered company can - together with the business - sold, inherited and leased. Only in this way can be achieved with the maintenance of the imported name associated increase in value.
• 
  The company registration, the firm towards same or similarly-worded company names only. That is the case within the same community, but also be able to build on regional competition policy to the entry in the Commercial Register.
• 
  in trade register clerks may grant power of attorney.
• 
  the registered companies can separate branches, which are also entered in the commercial, reasons.
• 
  Only as a sole proprietor / f, as a general partner of a partnership, a limited liability company as general manager or director of a legal person or sons-sighted as Attorney is listed in the Register or has been, can be a commercial judge.
• 
  Many banks and companies wishing to take up a business relationship to be registered subject to the Trade Register. The membership in trade associations often has the commercial register as a prerequisite.
• 
  merchants can take effect in advance to arrange a venue in their terms and conditions.
• 
  Among merchants trade practices apply.
• 
  merchants must keep accounting records, and establish budgets and inventory and note this retention periods.
• 
  In Register registered merchants can rely on various formal requirements-rules no longer rely; for example, they are bound by a verbal guarantee assumed. The protection of the provisions of the Civil Code on consumer loans and on the doorstep for them is not
• 
  For transactions between merchants apply a stricter liability.

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V. The company

Regardless of legal provisions should be given to the choice of the company requires special care. The company name is from a variety of reasons, a significant economic importance. It is the most important way to distinguish the namesakes of his competitors, his identity to maintain. The company features the company in business and marks its corporate identity. It forms as opposed to changing other operational characteristics of a constant. Subsequent changes due to competition or trademark law to sue for other competitors to harm the reputation of a company in public.

It is therefore advisable to discuss before the notary establishing the proposed company with the Chamber of Commerce and Industry.


The legal term "company" does not coincide with that of the general language use. There is meant by company usually the company as such. Defined in commercial law the company is the name of the merchant, by which he does business and delivers signatures (§ 17 HGB). The same applies to societies.


first Company Formation
As the company must be formed, regulates the commercial code for all legal forms according to the same principles: The company must be suitable for the identification of the company and have a distinctive character.

Traditionally, the civil births, marriages and name of the merchant to take identification function. However, factual information, or pure fantasy names are used in business education. Also mixed companies consisting of name, property and fancy name are allowed.

-kind company
The property company will be given the sector or branch of activity by generic terms such as "real estate KG" or "society for computer consulting GmbH". One such company alone would not meet the requirements of the Commercial Code to a valid company name, however. It lacks a distinction from other companies in the industry enabler for individualizing supplementary. The discriminatory power can by adding a character string "XYZ Real Estate KG" or a fantasy supplement, ARTOS Society for Computer Consulting Ltd. "can be achieved.

-person company
the company of a company can with the family name of the holder "Josef Schmidt GmbH small" or of one or more of the members' Müller & Schmidt oHG "is formed. The addition of the first name is required.

fantasy company
A fantasy company can be pronounceable words such as "Phoenix AG", "AVALON e. Kfr", "Racing cyclist e. Kfm", "KG KUKURUMBA" or the like are formed . However, un-pronounceable letter sequences may satisfy the identification function and are as a company, for example, "ABC oHG" capable.

If a company intends to more than one letter from an existing only company name (for example, "XYZ GmbH" ABC e. K. ") to To choose, it should be remembered that regional and even nationally there is a high probability that a company already bears this name exists, or a registered trademark. To distinguish is recommended to form a mixed company, and the letter combination of other additives such as a fixed component ("XYZ Machine GmbH) or a name (" ABC e. K. Schmidt) to add.


second Legal form

in each registered company must include a legal form, which can recognize the liabilities of the company.

following legal form additives are legally possible: • for

Sole proprietors, "registered buyer", "registered clerk or a generally understandable abbreviation of that name, for example," e. K. "," e. K. "," e. Kfm " or "e. Kfr"

• for the general partnership, "general partnership" or a general understand my abbreviation of that name, for example, "OHG"

• for the limited partnership: "Partnership" or always advisable hensible abbreviation of that name, z . B. "KG"

• for the LLC: "Limited liability company" or a generally understandable EXCLUSIVE abbreviation of that name, such as "GmbH"

• for the corporation, "limited company" or an understandable abbreviation of that name, for example, "AG"


liable in a general partnership or limited partnership, not natural persons personally, then the limitation of liability in the company identified be, for example, by adding "GmbH & Co. KG" or "GmbH & Co. oHG.


third Company name principles

addition to the local rules for the formation of the company is free to choose the company limited by some companies policies.

The first priority of the principle of truth business. This general prohibition of deception means that a company must not contain statements that are appropriate regarding the business relationships that are essential to the relevant public to be deceived. In determining the suitability of deception is essential to bring out whether the economic behavior is influenced at all of the relevant class by the term with high probability. This would be the case if a company "BALOU Pet Shops" not animal needs, but sells cars. Register in the court proceedings, however, only "apparent misleading" the registration of a company avoid in the commercial register. Shown are misleading only such business components, where the deception lies not too far away and suitability can be determined without extensive investigation by the register court.

The company says the principle of exclusivity , a company may only be used in its registered company, as well as individuals may occur only with their personal status name.


After principle of clearly distinguishable the registration court shall examine the registration process, whether within the same political community (Berlin) the chosen name of the company is free, ie if not already another company with the same or very similar Company is registered. If al-ready mentioned the same or similar, for example, from middle-name companies are formed, a likelihood of confusion be resolved in particular by distinctive accessories, such as adding a different given name or a material additive. Thus, similar to the following companies distinguish clearly enough from each other:

Müller KG Franz Müller KG
homes Müller KG

grant over this provision of the Commercial Code, the competition and trademark law providing more extensive, the confinement of the town of border protection. Many companies develop their business beyond the boundaries of political community in which they are established and entered in the register are out. Therefore, the occurrence of a likelihood of confusion with competitors in the same sector alone by the commercial register not be ruled out. It is possible that a competitor a company for violation of the competition or trademark law to enjoin the company management sued.


4th Business continuation

is acquired in a trade registered companies or leased, it can be maintained unchanged even with the express consent of the previous owner or any of its heirs, the company if contained in the company name with the personal name of the new owner does not match. The legal principle of corporate resistance breaks the basic principle of business truth. Basically, the company will also remain unchanged if one partner in an existing, will be included in the commercial register sole proprietorship, partnership candidate, another shareholder or a shareholder retires.

In the case of the continuation of a company's legal form of additions that no longer correspond to the actual conditions are correct.


5th Company protection

There are two Ways to protect companies formed or allowed to also prevent unauthorized companies.


a) registers Terms abuse case
Who one by the law firm he used is not entitled to stop by the registration court through the setting of administrative fine for failure (§ 37 para 1 HGB). The violations can be of various kinds: Someone used a company, although he carries only a "less commercial" trade, so someone does not comply with the rules on company formation or additives used deceptive; someone violates the principle of Firmenunterscheidbarkeit. Is the company registered unacceptable, then the Register court delete them from its own motion (§ 142 FGG).


b) Private Legal action
Who is hurt by illegal business owner whose rights may require the infringer directly before the civil court injunction. The rights of the Company Law and the naming rights are to be emphasized. The most common case would be a violation of the principle of distinctness. The opponent may defend themselves against the leadership that is the same company. In addition, the trademark law also grants protection from
confusingly similar names, even if the company is formed permissible under the law.

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VI. In what form is to register?

records set in the register usually preceded by an application. Records of its own motion take place only in exceptional cases.

applications for registration in the Commercial Register with the introduction of electronic legal transactions from February 2007 to be submitted in electronic form certified public (§ 12 HGB). The certification is done by the notary public. The notary is to establish the identity of the person who explains the application, doubt and call them in the endorsement so that doubt and not be confused. Registration can also be performed by proxy. The authority also requires the public certification.

for storage in the trade register are in the cases prescribed by law the company or the signature or both to draw. The drawings will also be submitted electronically in the form of officially certified. The certification will be completed with a drawing of a signature or a company, the drawing in the presence of a notary. A number of statutory provisions stipulates that the application, further documents are submitted electronically. The submission of these documents are informal and are usually attached to the declaration. Applications, the submission of documents and drawings may be enforced by penalty by setting. The electronic submission should be made by the notary.

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VII What information do I need?

first Sole trader

What?
The application shall contain:

• first name, surname, date of birth and place of residence of the individual merchant
• company
• place of establishment of business
• location of the premises by street and house number.

Who? Registration required
is the merchant. He has to draw his signature, stating name of the company for safekeeping with the court.


When?
The sole proprietorship is before or immediately after reaching the commercial Terms and drive to register. It is also possible to register without a commercial operation, if desired.


second General partnership (OHG)


What?
The application shall contain:

• surname, first name, date of birth and residence of each partner; from shareholders are legal persons, or company name under which they occur, but not their legal representatives
• company
• place of seat
• the authority of the shareholders.

Who? Registration required
are all shareholders. Those shareholders, are to represent the company, its name signature, stating the company to keep the courts have to draw.


When?
The partnership is before or immediately after reaching the commercial register business. Also, asset management companies and companies that do not require a commercial business may be registered in the Register upon request.



third Limited partnership, GmbH & Co. KG

What?
The application shall contain:

• surname, first name, birth date and place of residence of the person general partners, subsidiaries and limited partners, in companies which are legal persons, names or company under which they occur, but not their legal representatives
• company
• place of business
• date of birth of the company
• amount of the contribution of the or the limited partners, ie the respective liability coverage
• may exclude a general partner of the representation, placement of an overall mission or a total representation such that a general partner must act only in conjunction with an authorized representative
• of business
• location of the premises after street and house number.
  

been notified to all shareholders, including limited partners. Is a legal entity or a general partnership interest as a partner, so
Registration required, all shareholders, including limited partners. Is a legal entity or a general partnership interest as a partner, so
enough for her participation in the legal representatives authorized to represent the number authorized to represent its interests with signature, giving the company to keep the court has to draw.

When?
The KG is before or immediately after reaching the commercial Business operations to log. Also, asset management companies and companies that do not require a commercial business may be registered in the Register upon request.

4th Limited liability company

What?
The application shall contain:

• insurance for all, also the deputy managing director, that the prescribed minimum benefits are effected in the individual capital contributions and that the purpose of the service itself is in the final disposal of the manager. It must be particularly specified numerically, what amount of money Each partner has made to its capital contribution.
• representation power of the CEO under the company agreement or under statutory regulation. The managers have to assure the declaration that no circumstances exist which, in order according to § 6 paragraph 2, sentence 2 and 3 GmbHG (eg conviction of a bankruptcy crime, conviction for a violation of the accounting requirement, prohibition of the practice) preclude and that they have been informed of their unlimited information to be in court.
• drawing of names signatures of managers for retention at the court in the form of certified public
• location of the premises by street and house number

are included in the notifications:

first Notarized shareholders contract and representation powers
second Decision on the appointment of managers, unless they are made in the social contract is 3
List of members
4th Approval or certificate from the competent authority that the approval-approval is granted by the company in the commercial register, if a state permit is required. A permit is required for example:

to operate a restaurant or a hotel in accordance with § 2 para 1 Licensing Act,
for long distance freight and freight transport and freight line transportation according to § § 8, 80, 90 GüKG,
for pawnbroker pursuant to § 34 GewO
for a security industry in accordance with § 34 a GewO
for Versteigergewerbe according to § 34 b GewO
for work as brokers, property developers and construction supervision according to § 34 c GewO.

If there are doubts about whether the business object requires a state-ment permission, can the presentation of a negative attestation of the competent administrative authority may be required.

5th Entry into the trades. It is a state approval equate. A limited liability company whose corporate objective is (also) the carrying on of a trade, may therefore be registered in the commercial register only after approval by the Chamber.

6th State recognition. Tax firms need to § 32 paragraph 3 erberatungsgesetz tax, accountants and auditors companies under § § 1 para 3, 128 Auditors' Code of the State Recognition. The presentation of the recognition certificate or a certificate is a preliminary condition of registration of such a limited company in the commercial register.

to property-ups (ie, transfers of assets, rights, companies, etc. on the capital invested in a limited liability company) are also submitted:

- tangible contribution report
- contracts that are based on the stipulations of the contribution
- Documents that the value of the property acquired for the amount of capital contributions equivalent.

Who?
The LLC is by all the managers - including deputy - to the Commercial Register.

(must be borne in mind that foreigners who are not from an EU Member State and have taken residence in Germany, as managers may only be entered in the register if they are authorized to practice law on foreigners Self-employment in Germany have. To simplify procedures should be made to the appropriate state even at the personal in the order and memorandum.)

When?
The application shall be made only if, on any capital contribution, unless contributions are agreed, a quarter has been paid a total of at least 12 € 500 is reached. If the company is built by one person, make the application take place only if the rest of the money a security deposit is ordered. Less payments on the deposit can not be offset by more deposits to a different insert. Contributions are already Before registering the company for entry in the register so as to bring to the company that finally the disposal of the managing director are.

The registration of a GmbH by the Court of Registration usually costs from a pre-conditional.

5th Aktiengesellschaft

What?
The notification must include:

• amount at which the shares were issued and the amount paid out
• statement that legally required contributions and notional amounts of cash to finally free of the executive board
• appointed chairman of the selected and alternate member of the Supervisory Board
• power of attorney of the members
• insurance of all board members that no circumstances exist which preclude their appointment, and that they have been informed of their unlimited obligation to provide information to the court
• drawing of names signatures of all board members in public authentication-ter form for storage in a court
• location of the premises by street and house number

are included in the notifications:

first Articles and documents in which the statute has been established and the shares were acquired by the founders

second Documents governing the appointment of the Board and the Supervisory Board

third Formation report and audit reports of the members of the Board and the Supervisory Board and the formation auditors together with their documentary records

4th Approval, if the purpose of the Company or any other statutory provision for state approval needed

5th to property foundations: the contracts that the fixing of the contributions are based, and a calculation of the burden society covered up expenses
For contribution in cash: evidence that the final amount paid for the free disposal of the Board is

6. Proof of the nature and extent of the amounts have been paid if the amount paid from taxes and fees.

Who?
The AG is the founder of all to notify all board members (including the deputy directors) and all members for registration.

When?
The application shall be made only if each share, unless contributions are agreed that the requested amount has been paid properly, and finally at the free disposal of the Board stands. For cash contributions, the amount demanded is less than one fourth of the principal amount and issue the stock for include a higher than a nominal amount and the excess amount. Contributions in kind shall be made in full. The registration of a public company by the Court of Registration usually costs from a pre-conditional.

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VIII composed of the IHK

The CCI is to contribute to registry entries required by law (§ 126 FGG). You will be asked by the local courts for expert opinion on an application for registration of a company or a change in the commercial register. Here, the CCI is required to rule in particular to the registered company names. To speed up the registration, and to avoid subsequent complaints and costly changes, should the proposed Company - at least by phone - with the Chamber of Commerce will be held to discuss. If it is a craft company, also the chamber of trade is on.