German Trade Register
Encyclopedia
The Trade Register in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

 is a public register that contains details of all tradespeople and legal entities in the district of the registrar (generally the Amtsgericht
Amtsgericht
Amtsgericht is German for Local District Court, situated in Germany in almost every larger capital of a rural district.It mainly acts in Civil and Criminal law affairs. It forms the lowest level of the so-called ordinary jurisdiction of the German judiciary , which is responsible for most criminal...

 (local district court) of the place where the Landgericht (superior court) is also situated.

The Trade Register in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

 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.

Amongst other things the Trade Register contains information on:
  • legal name of a company
  • Registered office
    Registered office
    Registered office is a term used to describe the address which is registered with the government registrar as the official address of a company, an association or any other legal entity. Generally it will form part of the public record...

  • people representing the company (Managing Director, Board of Directors
    Board of directors
    A board of directors is a body of elected or appointed members who jointly oversee the activities of a company or organization. Other names include board of governors, board of managers, board of regents, board of trustees, and board of visitors...

    , holders of Proxy
    Proxy voting
    Proxy voting has two forms: delegable voting and delegated voting, which are procedures for the delegation to another member of a voting body of that member's power to vote in his absence, and/or for the selection of additional representatives, as in the case with transitive proxies...

    )
  • subscribed capital
    Financial capital
    Financial capital can refer to money used by entrepreneurs and businesses to buy what they need to make their products or provide their services or to that sector of the economy based on its operation, i.e. retail, corporate, investment banking, etc....

     if any.


The functions of the Trade 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 Trade Register are made by a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

 or an authorised employee. In many of the 16 Federal States, the Register is kept electronically.

Anybody may request an extract from the Trade Register about a specific company, the so-called Handelsregisterauszug (also HR-Auszug). Information about registered companies can be downloaded online, but may require prior registration.

A simple extract is usually priced at 8,00 €, a notarized
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...

 one about 15,00 € (as of August 2005).

Legal entities are mostly obliged to publish their Annual Report by sending it to the Trade Register. This obligation doesn't depend (since 2009) on the size of the company.

Entries to the Trade Register are sent to the Bundesanzeiger
Bundesanzeiger
The Bundesanzeiger is an official publication of the Federal Republic of Germany published by the German department of Justice with a scope similar to that of the Federal Register in the United States. It is used for announcing laws, mandatory legal and judicial announcements, announcing changes in...

 (Federal gazette of the government) and published by them. Newspapers sometimes also publish new entries, although since 2009, entries to newspapers are no longer mandatory. Also, all registered companies are required to submit their annual accounts to the Bundesanzeiger for publication.

See also

  • Companies Registration Office
    Companies Registration Office
    Companies Registration Office can be:*Companies Registration Office *Bolagsverket, Swedish Companies Registration Office*Companies House - England and Wales*Companies and Intellectual Property Commission , South Africa...

  • Companies House
    Companies House
    Companies House is the United Kingdom Registrar of Companies and is an Executive Agency of the United Kingdom Government Department for Business, Innovation and Skills . All forms of companies are incorporated and registered with Companies House and file specific details as required by the...

    , the comparable office for England and Wales
  • Secretary of State (U.S. state), the comparable office in the United States of America
  • List of company registers
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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