German Commercial Register
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The German Commercial Register (german: Handelsregister) is a public
company register A company register is a register of organizations in the jurisdiction they operate under. A statistical business register has a different purpose than a company register. While a commercial/trade register serves a purpose of protection, account ...
that contains details of all tradespeople and legal entities in the district of the registrar, which is generally the
Amtsgericht An ''Amtsgericht'' (District Court) in Germany is an official court. These courts form the lowest level of the so-called 'ordinary jurisdiction' of the German judiciary (German ''Ordentliche Gerichtsbarkeit''), which is responsible for most cri ...
(local district court) of the place where the '' Landgericht'' (superior court) is also situated. The German Commercial Register contains two branches. Branch A deals with partnerships, sole traders and registered associations (''Vereine'') without share capital. Branch B contains all incorporated companies with share capital. Applications (for new entries, changes and liquidations) must be made in notarized form in the presence of a public notary.


Operations

Amongst other things the Commercial Register contains information on: *legal name of a company *
registered office A registered office is the official address of an incorporated company, association or any other legal entity. Generally it will form part of the public record and is required in most countries where the registered organization or legal entity ...
*people representing the company (
Managing Director A chief executive officer (CEO), also known as a central executive officer (CEO), chief administrator officer (CAO) or just chief executive (CE), is one of a number of corporate executives charged with the management of an organization especially ...
, Board of Directors, holders of
Proxy Proxy may refer to: * Proxy or agent (law), a substitute authorized to act for another entity or a document which authorizes the agent so to act * Proxy (climate), a measured variable used to infer the value of a variable of interest in climate ...
) *subscribed capital if any. The functions of the Commercial Register with respect to the information submitted are publication, examination, control and safekeeping. The content may be taken as accurate by any party referring to the register. The entries to the Commercial Register are made by a judge or an authorised employee (''Rechtspfleger'', lit. "law caretaker"). As of 2007 all submissions to the Register have to be made electronically. Companies in the Register are given a unique ''Handelsregisternummer'' by their local district court (''Amtsgericht''). Anybody may request an extract from the Commercial Register about a specific company, the so-called ''Ausdruck'' (printout), which was formerly known as ''Handelsregisterauszug'' or ''HR-Auszug''. A simple extract is usually priced at €10.00, a
notarized A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems. A notary, while a legal professional, is disti ...
one about €20.00 (as of May 2016). Information about registered companies can also be downloaded online (''Handelsregister online'', the common register portal of the German federal states), but may require prior registration. It is possible to retrieve PDF printouts (then called ''Abdruck'') with different level of information, e.g. ''AD - Aktueller Abdruck'' contains only the most current information whereas ''CD - Chronologischer Abdruck'' comprises current and historical data. A fee of €4.50 for each printout will be charged (as of May 2016). Simple publications (''VÖ - Veröffentlichungen'') are free of charge. Until 2005 legal entities were mostly obliged to publish their Annual Reports by sending it to the Commercial Register. Starting with
fiscal year A fiscal year (or financial year, or sometimes budget year) is used in government accounting, which varies between countries, and for budget purposes. It is also used for financial reporting by businesses and other organizations. Laws in many ...
2006 this obligation has been transferred to the
Bundesanzeiger The ''Bundesanzeiger'' is an official publication of the Federal Republic of Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, ...
, the (electronic) Federal gazette of the German government. Electronic submission is also mandatory here. Entries to the Commercial Register are also sent to the Bundesanzeiger and published by them. Newspapers sometimes also publish new entries, although since 2009, entries to newspapers are no longer mandatory.


See also

*
Companies Registration Office (disambiguation) Companies Registration Office can be: * Companies Registration Office (Ireland) * Swedish Companies Registration Office *Companies House Companies House is the executive agency of the company registrars of the United Kingdom, falling under the ...
*
Companies House Companies House is the executive agency of the company registrars of the United Kingdom, falling under the remit of the Department for Business, Energy and Industrial Strategy. All forms of companies (as permitted by the Companies Act) are in ...
, the comparable office for England and Wales *
Secretary of State (U.S. state) The secretary of state is an official in the state governments of 47 of the 50 states of the United States, as well as Puerto Rico and other U.S. possessions. In Massachusetts, Pennsylvania, and Virginia, this official is called the secretary of ...
, the comparable office in the United States of AmericaThere are extremely few examples of federally registered business entities. In the United States, most business entity registration takes place at the state level through a chartering process. In many states, this is handled by an officer called the Secretary of State, not to be confused with the
United States Secretary of State The United States secretary of state is a member of the executive branch of the federal government of the United States and the head of the U.S. Department of State. The office holder is one of the highest ranking members of the president's Ca ...
, the U.S. equivalent of "Foreign Minister." However, in some states, the registration of business entities is handled by a commission, or other government office. An example of this is the
Virginia State Corporation Commission The State Corporation Commission, or SCC, is a Virginia (USA) regulatory agency whose authority encompasses utilities, insurance, state-chartered financial institutions, securities, retail franchising, and railroads. It is the state's central filin ...
.
*
List of company registers This is a list of official business registers around the world. There are many types of official business registers, usually maintained for various purposes by a state authority, such as a government agency, or a court of law. In some cases, ...


External links

{{reflist Economy of Germany Government of Germany cs:Obchodní rejstřík fr:Registre du commerce et des sociétés (France) nl:Handelsregister