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If your commercial enterprise requires a commercial business operation or if you want to set up a corporation, an entry in the commercial register is required.
If your commercial enterprise requires a commercial business operation, you must have it entered in the commercial register.
Registration is required, for example, if you
If you want to set up a corporation, such as a GmbH, this only becomes effective once it has been entered in the commercial register.
You must also register certain changes. These include, for example
You can only apply for registration electronically in a publicly notarized form. The notarization is carried out by notaries who also check the eligibility for registration and send the application electronically to the commercial register.
Bavaria-wide supplement
The commercial register is kept at the local court registry court. The court in whose district the merchant's branch or the company's registered office is located is responsible for the entries.
Bavaria-wide supplement
The relevant legal provisions (e.g. German Commercial Code, German Limited Liability Companies Act, German Stock Corporation Act) regulate in detail which facts must be entered and can be entered. In the case of merchants, the entry includes, among other things, details of the owner, company name, branch office, authorized representatives, and in the case of a limited liability company, details of the registered office, company name, object of the company, managing directors and powers of representation. The dissolution of a company must also be entered in the commercial register.
You can find out which documents you need to submit in each individual case from the notary and the Chamber of Industry and Commerce (IHK).
You can register with the commercial register on site or online with a notary.
The notary will notarize the application, check its registrability and send it as an electronic document with a qualified electronic signature to the electronic court and administrative mailbox of the competent registry court. If desired, the notary will also prepare the draft for the application and provide you with comprehensive advice on this.
The registry court enters the entry in the court's internal database and also publishes the entry on the Internet (www.handelsregister.de). You will receive a notification of registration.
If there are important changes, you must also register these with a notary for entry in the commercial register.
Bavaria-wide supplement
As of January 1, 2007, the registry courts are no longer permitted to accept paper submissions.
Fixed fees are charged for entries in the commercial register in accordance with the Commercial Register Fees Ordinance. In addition, notary fees are regularly incurred for the preparation of the draft or notarization of the required commercial register application.
There is no deadline. Changes must be notified promptly. The registry court may enforce the registration by imposing a penalty payment if the registration is not made.
The registration court decides on the entry immediately after the application has been received. If all documents are available and no objections from the court are necessary, entries are usually made within a few working days.
There are no indications or special features.
Bavaria-wide supplement
Please note that not every local court in Bavaria is responsible for keeping the commercial register. Commercial registers are kept at the following local courts:
The commercial register is kept in two sections.
The following are entered in section A
The following are entered in section B
Anyone is permitted to inspect the commercial register and the documents submitted for this purpose for information purposes. A legitimate interest in the inspection does not have to be demonstrated.