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Regulation on the establishment and management of the trade register

Original Language Title: Verordnung über die Einrichtung und Führung des Handelsregisters

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Regulation on the establishment and management of the trade register (Commercial Register Regulation-HRV)

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HRV

Date of completion: 12.08.1937

Full quote:

" Commercial Register Ordinance of 12 August 1937 (RMBl 1937, 515), the most recent of which is Article 2 (3) of the Law of 1 April 2015 (BGBl. I p. 434).

Status: Last amended by Art. 2 para. 3 G v. 1.4.2015 I 434

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 30.6.1983 + + +) 

Heading: IdF d. Art. 1 No. 1 V v. 11.12.2001 I 3688 mWv 20.12.2001 Unofficial table of contents

Input formula

Pursuant to § 125 (3) of the Law on the matters of voluntary jurisdiction, as amended by the Ordinance of 10 August 1937 (Reichsgesetzbl. I p. 900), I determine the following:

I.
the establishment of the trade register;
Local and factual competence

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§ 1 Jurisdiction of the Local Court

Unless otherwise specified in Section 376 (2) of the Law on the Procedure in Family Matters and in the matters of voluntary jurisdiction, each District Court in whose district a district court has its registered office shall be responsible for the district of this regional court, a commercial register. Unofficial table of contents

§ 2

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§ 3

(1) The commercial register consists of two departments. (2) The individual merchants, the legal persons referred to in § 33 of the Commercial Code, and the open trading companies, which are listed in Section 33 of the German Commercial Code, shall be entered in Division A. Limited liability companies and the European Economic Interest Groupings. (3) In Division B, the stock companies, the SE, the limited liability companies, the limited liability companies and the limited liability companies are entered into the Division B. Mutual insurance associations. Unofficial table of contents

§ 4

The judge shall be responsible for the execution of the business of the register court. To the extent that the execution of the transactions pursuant to this Regulation is transferred to the Office of the Office of the Office, the provisions of Sections 5 to 8 of the Law on the Rights of the Law shall apply in accordance with the official records of the office of the Office. Unofficial table of contents

§ § 5 and 6 (omitted)

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§ 7 Electronic management of the commercial register

The registers, including the register folders, are kept electronically. Section 8a (2) of the Commercial Code remains unaffected. Unofficial table of contents

§ 8 Register files

(1) For each register sheet (§ 13), files are formed. The register files also include the documents or documents relating to such legal acts which, without aiming at a register entry, are related to the legal conditions noted in the register. (2) The document which was to be submitted in paper form to the register file shall be returned to a certified copy. If the document is contained in other acts of the local court, a certified copy shall be taken to the register files. In the copies and transfers, the parts of the document which are not relevant for the management of the commercial register may be omitted if there is no confusion. In case of doubt, the judge shall determine the extent of the copy, otherwise the official of the office. (3) The State Administration of Justice can determine that the register files will be electronically run from a certain point in time. Documents submitted after that date shall be transferred to an electronic document for the purpose of replacing the original document and shall be taken in this form for the electronically guided register file, provided that the order of the State Justice Department is not In accordance with Article 9 (3) and (4). In the case of a complaint, documents filed in paper form must be kept at least until the final conclusion of the appeal proceedings if they are necessary for the application of the appeal proceedings and if the appeal court is does not have access to the electronically controlled register file. In this case, the register court has to produce printouts for the appeal court in this case of exclusively electronically available documents, insofar as this is necessary for the performance of the appeal proceedings; Section 298 (2) of the Code of Civil Procedure is applicable accordingly. The printouts shall be kept at least until the final conclusion of the appeal proceedings has been completed. Unofficial table of contents

§ 9 Register Folder

(1) The documents to be submitted to the Commercial Register and subject to unlimited access pursuant to Section 9 (1) of the Commercial Code shall be included in a register folder designated for this purpose for each register sheet (§ 13). They shall be available in the chronological sequence of their receipt and the nature of the document in question. An objection to an entry in the list of shareholders (Section 16 (3) sentence 3 of the Act concerning companies with limited liability) is to be attributed to the list of shareholders and, in addition, to be particularly emphasized. The translations provided in one of the official languages of the European Union (§ 11 of the Commercial Code) are to be attributed to the respective documents of origin. If an updated document is submitted, it should be made clear that the translation submitted for an earlier version does not correspond to the updated status of the document. (2) Documents filed before 1 January 2007 , can be transferred to an electronic document for the replacement of the original document and can be transferred to the register folder in this form. They are to be transferred to the register folder as soon as a request for transfer to an electronic document (Article 61 (3) of the Introductory Act to the Commercial Code) or to electronic transmission (Section 9 (2) of the Commercial Code) (3) If a document, which was to be submitted in paper form to the register folder, is returned, it will be transferred to an electronic document and then transferred to the register folder in this form. The return will be recorded in the register folder. If the document is contained in other files of the local court, an electronic record of this shall be stored in the register folder. In the case of storage, the parts of the document which are of no importance for the management of the commercial register may be omitted, provided that there is no cause for confusion. The extent of the storage is determined by the official records of the office, in cases of doubt by the judges. (4) If a document is transferred to an electronic document and is transferred to the register folder in this form, it must be noted whether the document has been written in the form of a document. A document, a simple or certified copy, a copy or a copy of the document is to be written in the note, or a copy, changes, ratings, etchings, etchings or other defects in the document are to be indicated. A note may not be endorsed in so far as the facts referred to in sentence 1 are clearly visible from the electronic document. (5) Re-enactments of documents pursuant to Section 8a (3) or (4) of the Commercial Code in the of the Law on Electronic Commerce Register and Cooperative Register, as well as the Business Register of 10 November 2006 (BGBl. 2553), on 1 January 2007, on an image carrier or other data carrier, can be transferred to the register folder. In the case of the storage in accordance with Section 8a (3) of the Commercial Code in the version referred to in the first sentence, the information from the proof in the version referred to in the first sentence of Article 8a (3) of the Commercial Code in the version referred to in the first sentence 1 shall also be provided in the version referred to in sentence 1. Register folder to take over. In the case of filing in accordance with Section 8a (4) of the Commercial Code in the version referred to in sentence 1, it should be noted that the document, pursuant to Article 8a (4) of the Commercial Code, as amended in sentence 1, is a simple reproduction on a (6) In the case of a complaint, the register court has to produce printouts for the appeal court from the documents stored in the register folder, insofar as this is necessary for the performance of the appeal proceedings; § Article 298 (2) of the Code of Civil Procedure shall apply accordingly. The printouts shall be kept at least until the final conclusion of the appeal proceedings has been completed. Unofficial table of contents

Section 10 Insight

(1) The entry into the register and the documents submitted to the register shall be made possible at the office of the register court during the service hours. (2) The inspection of the electronic register sheet shall be effected by means of a Data display device or by viewing in a current or chronological expression. The user may be allowed to access the register sheet on the display screen of the display station, if it is technically ensured that the retrieval of data does not allow the access to be permitted under Section 9 (1) of the Commercial Code. (3) The contents of the register folder, including the information recorded in accordance with Section 9 (4) or (5) sentence 2, and the information provided by the register folder, shall also be subject to changes in the contents of the trade register. to make available translations. Unofficial table of contents

§ 11

(dropped)

II.
Management of the Trade Register

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§ 12 Form of entries

The entries are clear, clearly understandable and generally without reference to legal regulations and without abbreviation. Nothing must be removed from the register by technical intervention or other measures. Unofficial table of contents

§ 13

(1) Each individual businessman, any legal person and any commercial company shall be entered in the register under a number (register sheet) continuing in the same division. (2) Where a local court has the register for several district court districts , the continuing numbers for individual district court districts may be kept separately on the order of the Land Justice Department. In this case, the serial numbers of the respective district court districts shall be kept distinguishable by the addition of a location mark. More detailed arrangements are made by the Land Justice Department. (3) If the company is changed, it must be entered on the same sheet of registration. In the case of a conversion, the acquiring new legal entity or legal entity of a new legal form shall always be entered on a new register sheet. (4) The translations of the translations of the documents submitted in an official language of the European Union shall be: Entries (Section 11 of the Commercial Code) are to be assigned to the register sheet and to the respective registration. Unofficial table of contents

§ 14

(1) Each entry shall be marked with a serial number and shall be separated from the following entry by means of a cross-sheet intersecting all columns of the register. (2) If several entries are made at the same time, they shall be given just a serial number. Unofficial table of contents

§ 15 Translations

If an earlier registration had been made available in an official language of the European Union (Section 11 of the Commercial Code), the registration must be made clear that the translation no longer corresponds to the current status of the registration of the register . The information shall be removed as soon as an updated translation is submitted. Unofficial table of contents

§ 16

(1) Changes in the content of a registration as well as deletions are to be entered under a new serial number. An entry which has lost its meaning by subsequent registration shall be highlighted in red after the judge has been given the order. With the registration itself, the endorsement of their deletion must also be highlighted in red. (2) Entry or endorsements, which are to be highlighted in red or to be red, can be replaced by reddening in other unequivocal ways as well as (3) Part of an entry may only be redressed or otherwise identified as being unequivocal if the intelligibility of the registration and of the current expression is not impaired . Otherwise, the registration in question must be redded as a whole and the remaining part is to be repeated in intelligible form. Unofficial table of contents

Section 16a Labelling of certain entries

Those entries which merely repeat, explain or justify other entries and are therefore not included in the current term in accordance with Article 30a (4) sentence 4 shall be filed in grey or in other ways shall be ensured that: These entries will not be included in the current term. Unofficial table of contents

§ 17

(1) Writing and similar apparent inaccuracies in an entry may be corrected by the judge or by order of the judge in the form of a new registration or in other unequivocal manner. The correction shall be considered as such. (2) The correction referred to in paragraph 1 shall be notified to the parties concerned. The public notice may not be published if the correction relates to an apparently insignificant point of registration. (3) A reddening or identification by mistake in accordance with § 16 or § 16a shall be deleted or to other clear way. The deletion or other disposal shall be noted. Unofficial table of contents

§ 18

If an entry is made on the basis of a final or enforceable decision of the court of proceedings, this shall be noted upon registration in the register, indicating the court of proceedings, the date and the file number of the decision. The annulment of the decision shall be entered in the same column of the register. Unofficial table of contents

§ 19

(1) If a registration is to be erased because of the lack of an essential condition, the deletion shall be effected by the entry of the notice "From officant to the office". (2) In other cases, has an entry of: In the event that it is to be carried out, it shall contain a reference to the legal basis and a note 'registered by the office of its own motion'. This shall not apply in respect of the registration of the endorsements concerning the opening, the cessation or termination of the insolvency proceedings, the annulment of the opening decision, the order of the debtor by the debtor and its cancellation, the order the need for consent of certain legal transactions of the debtor in accordance with Section 277 of the Insolvency Code and the other endorsements provided for in Section 32 of the Commercial Code. Unofficial table of contents

§ 19a

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§ 20

Where the principal establishment of a single businessman, a legal person or the registered office of a commercial company, or the branch of a company having its registered office or principal place of business abroad, is transferred from the district of the register court, Only upon receipt of the message from the registration in the register of the new register court (Section 13h (2) sentence 5 of the Commercial Code; § 45 (2) sentence 6 of the German Stock Corporation Act), the transfer on the previous register sheet in column 2 and in to the column "Legal relationships"; § 22 shall apply accordingly. In the case of the respective registration, the register sheet has to be referred to the register sheet of the new register court and vice versa. Unofficial table of contents

Section 21 Rewriting of a register sheet

(1) If the register sheet has become confusing, the entries still valid are to be rewritten under a new or under the same number on a new register sheet. In so doing, the original text of the registration may also be deviated to the extent that the content of the registration is not altered thereby. The other shall be referred to the other, even if it remains the same number. (2) The summary and transfer shall be communicated to the parties concerned, accompanied by the content of the new registration and, where appropriate, the new number. (3) In case of doubt about the nature or extent of the transfer, the parties concerned shall be heard beforehand. Unofficial table of contents

Section 22 The non-objection of all entries

(1) All pages of the register are to be redded or red to cross if all entries have become unobjectable. The register sheet shall receive a note indicating it as "closed". (2) Closed register sheets shall remain, even in the form of imprints, recyclable or legible. The closed-register data carriers can also be kept available at the office responsible for the archiving of commercial register sheets, insofar as national regulations do not preclude the use of such data.

III.
Procedures for notification,
Registration and publication

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Section 23

The Court of First Instance shall ensure that the records required by law are entered in the register. The opinion of the institutions of the commercial state pursuant to Section 380 (2) of the Law on the Procedure in Family Matters and in the matters of voluntary jurisdiction shall be obtained electronically and transmitted. Unofficial table of contents

§ 24

(1) Where natural persons are registered for registration in the commercial register (in particular as merchants, shareholders, prokurists, board members, members of the management board, managing directors, managing directors, unwinders), so the date of birth must be indicated in the application. (2) The registration shall indicate the location of the business premises. This shall not apply if the location of the business premises is registered as a domestic business address for entry in the commercial register or has already been entered in the commercial register. A change in the location of the business premises shall be notified without delay to the register court; the second sentence shall apply. (3) Paragraph 2 shall apply to the notification of a branch and the change in the location of its premises accordingly. (4) It shall be to ensure that the company's subject-matter is also indicated in the case of applications, as far as it does not result from the company's business. Unofficial table of contents

Section 25

(1) The judge shall decide upon registration for registration, applications and applications. The registration shall be decided upon immediately upon receipt of the application in court. If an application for entry in the commercial register is incomplete or if the registration is in breach of an obstacle which is recoverable by the applicant, the judge shall have immediate effect; shall be an opinion to be collected in accordance with Section 23 until then , this shall be notified without delay to the applicant. The judge also decides on the necessary notices. (2) The judge shall be responsible for the registration even if it is in the appeal court or in accordance with Section 395 of the Law on the Procedure in Family Matters and in the matters of of the voluntary jurisdiction. Unofficial table of contents

Section 26 Change of registered information

Without prejudice to the second sentence of Article 25 (1), the amendment shall, as a general rule, be amended within 21 days of receipt of the complete notification or, in the case of an obstacle to the registration of registration by the applicant, within 21 days to register and make known the following days after it has been remedied. Unofficial table of contents

Section 27 Acceptance of registration, text of the notice

(1) The judge shall carry out the registration and notice either himself or he shall have the registration and the notice by the official of the office. (2) If the judge does not prejudge the registration himself, he shall in the the registration of the registration and the entry point in the register, together with all the characteristics required for registration. The text of the public contract notice shall be available in particular if it differs from that of the registration. The official of the office of the office must arrange for the registration to be executed, to sign the registration and to bring about the announcements made available. (3) The validity of the registration (Section 8a (1) of the Commercial Code) is in in a suitable manner. The person carrying on the registration is to check the registration for their correctness and completeness and for their retrieval from the data store (§ 48). (4) For each registration, the date of registration must be stated. Unofficial table of contents

§ 28 Electronic signature

The judge or, in the case of § 27 (2) of the official records of the office of the office, the registration shall be added to his surname and both electronically signed. In addition, Section 75 of the Basic Book Regulation shall apply accordingly. Unofficial table of contents

§ 29

(1) The official officer of the office shall be responsible:
1.
for the issuing of copies or imprints or the electronic transmission of the entries and the documents and documents submitted to the register; shall be a copy of a copy, a form of expression, or a copy of the documents, electronic transmission shall, in the case of doubt, decide on the extent of the withdrawal of the judges;
2.
for authentication and the issuing or electronic transmission of certificates in accordance with Section 9 (5) of the Commercial Code;
3.
for the registration of the endorsements referred to in Article 32 of the Commercial Code in connection with insolvency proceedings;
4.
for the registration of the domestic business address.
(2) If the change of a decision of the official of the office is required, the judge shall decide if he does not comply with the request. The complaint is only given against its decision. Unofficial table of contents

§ 30

(1) Simple copies of the paper sheets and documents in paper form are marked with a note: "Made on ..." complete. The endorsement shall not be signed. (2) The certification of a copy shall be done by means of a note to be placed under the copy, which testifies to the conformity with the main text. The endorsement must contain the place and the date of the exhibition, signed by the official of the office of the office and provided with seals or stamps. (3) If a copy is to be issued in extracts from the commercial register, then the copy shall be made available in the form of a copy of the certificate. to include in the copy the entries relating to the subject-matter to which the extract is to be obtained. The certificate shall indicate the subject-matter and bear witness to the fact that other entries relating to him are not included in the register. (4) If certified copies of the documents submitted to the register or of the submitted documents shall be certified, the Reproductions of documents (Section 8a (4) of the Commercial Code in the version valid until the entry into force of the Law on the Electronic Commerce Register and the Register of Cooperatives and the Business Register on 1 January 2007), according to is to be made clear in the endorsement of whether or not the main a copy, a reproduction on an image carrier or on other data carriers, a simple or certified copy, a copy or a copy; is the main text of a reproduction on an image carrier or on another Volumes, a certified copy, a certified copy or a copy thereof, is the second sentence of Article 8a (3) of the German Commercial Code, which is the subject of the law on electronic commerce registers and the date of entry into force of the Act. Cooperative register and the business register on 1 January 2007 Written proof of the conformity of the content of the reproduction with the original copy, the endorsement note or the endorsement note shall be included in the certified copy. Confirmations, changes, ratings, etchings or other defects of a font submitted by the parties shall be indicated in the note. (5) The confirmation or completion of earlier copies of the written copies shall be permitted. A copy of an earlier copy shall not be supplemented if the supplement to the issue of a copy requires a disproportionate amount of work, in particular significant or time-consuming paperwork. ; other grounds for failure remain unaffected. Unofficial table of contents

§ 30a printouts

(1) Prints from the register sheet (Section 9 (4) of the Commercial Code) are to be marked with the words "Expression" or "Official expression", the date of the last registration and the date of the retrieval of the data from the commercial register. They are not to be signed. (2) Prints from the register folder are with the inscription "Expression" or "Official expression", the date of the setting of the document in the register folder, the date of the retrieval from the register folder and the according to § Article 9 (4) or (5) sentence 2. They shall not be signed. (3) In addition, the official expression shall be the place and day of the exhibition, the indication that the expression bears witness to the contents of the trade register or a content of the register folder, and the name of the To provide official records of the office and a seal of service. In place of the seal, a print of the seal may be printed or printed on; in both cases, the words "Official expression" shall be marked " This term shall not be signed and shall be deemed to have been certified. (4) Prints from the register sheet are given as a chronological or up-to-date expression. The chronological printout reflects all entries in the register sheet. The current expression contains the last state of the entries. Not included in the current term are those entries which are redressed or otherwise identified in accordance with § 16 as being subject to the law, the entries marked in accordance with § 16a as well as the information in the columns § 40 (HR A) 6 (b) and (43) (HR B) No 7 (b) The type of expression shall be determined by the applicant. Unless expressly requested otherwise, a current term shall be given. Current printouts can also be created as continuous text instead of column-by-column reproduction. (5) Printables can also be transmitted electronically to the applicant. The electronic transmission of official printouts is carried out using a qualified electronic signature according to the Signature Act. (6) § 30 (3) applies accordingly. Unofficial table of contents

Section 31

Copies of the certificates and certificates must be signed by the official of the office, stating the place and day, and shall be stamped with the court seal or stamp. Certificates and certificates can also be sent in electronic form (§ 126a of the Civil Code). Unofficial table of contents

Section 32

The publication of the registration shall be made without delay. Unofficial table of contents

§ 33

(1) The public notices are to be concesce and easy to understand. (2) The notices are to be called the court and the date of the registration, a signature is not required. (3) The notices are in accordance with the following conditions: of the adjacent pattern. The date of publication shall be accompanied by the notified body. Unofficial table of contents

Section 34

In the notices, if appropriate communications are available, the object of the company, insofar as it does not arise from the company, and the location of the business premises shall be disclosed. If a domestic business address is entered, it shall be disclosed in place of the location of the premises. It should be pointed out in the notices that the information referred to in the first sentence 1 is made without guarantee for the correctness. Unofficial table of contents

Section 34a Publications in the Official Journal of the European Union

The obligations to be published in the Official Journal of the European Union and to the notice of notification to the Office for Official Publications of the European Union pursuant to Council Regulation (EEC) No 2137/85 of 25 July 1985 on the Creation of a European Economic Interest Grouper (EEIG) (OJ C 327, 28. EC No 1) and Council Regulation (EC) No 2157/2001 of 8 June 2001. October 2001 on the Statute for a European Company (SE) (OJ L 327, 28.12.2001 EC No L 294 p. 1) shall remain unaffected. Unofficial table of contents

§ 35

If a company is deleted in the commercial register, because the enterprise does not require a commercial operation in a commercial manner, it may, at the request of the proprietor, refer to the reason for the deletion in the notice of notice. . In the case of a tradesman who is already registered in the handcraft role, it is also possible to refer to this registration in addition to the indication of the reason for the deletion in the notice. Unofficial table of contents

§ 36

The official of the office shall sign the communications. In appropriate cases it should be pointed out that the announcement may be waived (Section 383 (1) sentence 1 of the Act on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction). Unofficial table of contents

Section 37 Communications to other bodies

(1) The Court of First Instance shall have every new application and any change in a register
1.
the Chamber of Industry and Commerce,
2.
the Chamber of Crafts, if it is a craft enterprise or can act; and
3.
the Chamber of Agriculture, if it is a country or forestry enterprise, or, if there is no agricultural chamber, the competent authority of the State of Agriculture
. The information provided on the business premises and the object of the company shall also be communicated. (2) As far as in other legislation or by special arrangement of the Land Justice Administration a notification of further posts is provided for, these provisions shall remain unaffected. Unofficial table of contents

§ 38

Where a place or municipality belongs to the districts of different register courts, each register court shall, prior to the registration of a new company or prior to the registration of changes to a company, shall have register with the other register courts involved. to ask if there are concerns about the registration with regard to § 30 of the Commercial Code. Unofficial table of contents

Section 38a

(1) Judicial orders and notifications to participants who are created by machine do not need to be signed. In this case, instead of the signature on the letter, the words "This letter shall be drawn up by machine and shall also be effective without signature." The author must be able to identify the author with a functional designation. (2) The writing of the letters referred to in paragraph 1 may be carried out if the recipient's knowledge is generally guaranteed by the author. Screen release or otherwise electronically transmitted. § 15 of the Law on the Procedure in Family Matters and in the matters of voluntary jurisdiction remains unaffected. (3) For the texts for the public announcement of the entries as well as for communications according to § 37 and requests according to § 38 (1) and (2) shall apply accordingly.

IV.
Special provisions for departments A and B

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§ 39

Divisions A and B are carried out in separate registers according to the given patterns.

Division A

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Section 40 Content of the entries in Division A

In Division A of the Commercial Register, the following information shall be entered:
1.
In column 1, the serial number of the entries in question shall be entered in the list.
2.
In column 2
a)
under point (a), the firm;
b)
in point (b), the place where the establishment or the seat is established, and in the case of individual traders and commercial companies, the domestic business address and the establishment or termination of branches, indicating the place , including the postal code, the domestic business address and, if an addition is attached to the company for a branch, with the addition of this supplement;
c)
under point (c) of the European Economic Interest Groupings and, in the case of legal persons, the subject matter of
and the changes to be made to them in each case.
3.
In column 3
a)
in point (a), the general rules on the representation of the legal entity by the personally liable partners, the managing directors, the members of the board, and, in the case of credit institutions, the persons authorised to represent representatives of the courts as well as the liquidators or liquidators, and
b)
under point (b) of the individual businessman, in the case of commercial companies the personally liable partners, in the case of European economic interest groups the managing directors, in the case of legal persons the members of the board of directors and their members Substitutes, in the case of credit institutions, the persons entitled to represent the right of representation, the liquidators or liquidators under the name as such, for foreign insurance undertakings which are referred to in section 106 (3) of the Insurance supervision law appointed as the principal agent and in the case of a Branch of a company having its head office in another State which operates banking operations in the extent referred to in Article 1 (1) of the Law on the Banking Act, which is responsible for managing directors appointed pursuant to Section 53 (2) (1) of the Law on Credit each with surname, first name, date of birth and place of residence or, where appropriate, with company, legal form, seat or establishment
and the respective changes to be made to them. If, on a case-by-case basis, the power of representation of the persons to be registered in column 3 under point (b) differs from the information in column 3 under point (a), that special power of representation shall be noted among the persons concerned.
4.
In column 4, the information relating to the prokura, including the surname, first name, date of birth and place of residence of the prokurists, and the changes relating to them, shall be entered.
5.
Column 5 shall indicate:
a)
under point (a), the legal form and, in the case of legal persons, the date of the drawing up and any amendment to the statutes; in the case of registration, where it does not affect the modification of the information to be recorded, a general description of the the subject-matter of the amendment, in which, in column 6, point (b) refers to the documents submitted to the Court of First Instance and to the place of the records in which the documents are located;
b)
under (b)
aa)
the specific provisions of the Founding Treaty or the Statute relating to the duration of the European Economic Interest Grouper or Legal Person, and any changes relating to it;
bb)
the opening, cessation and termination of the insolvency proceedings as well as the annulment of the opening decision; the appointment of a provisional insolvency administrator under the conditions of § 32 (1) sentence 2 no. 2 of the Commercial Code and the Cancellation of such a security measure; the arrangement of the property management by the debtor and the cancellation thereof, as well as the arrangement of the consent of certain legal transactions of the debtor in accordance with § 277 of the Insolvency Code; the monitoring the implementation of an insolvency plan and the abolition of surveillance;
cc)
the clause on the exemption from liability of a member of the European Economic Interest Grouper in respect of the liabilities incurred prior to accession;
dd)
the dissolution, continuation and nullity of the Company, the European Economic Interest Groupe or the legal person; the conclusion of the liquidation of the European Economic Interest Groupe; the erasability of the Company, which shall: deletion of a company, European economic interest group or legal person, as well as deletions of its own motion;
ee)
Entry in accordance with the Transformation Act;
ff)
in the case of the acquisition of a commercial transaction, in the case of continuation under the previous company, an agreement deviating from Article 25 (1) of the Commercial Code;
gg)
in the case of the entry of a personally liable partner or a co-anditist into the business of an individual businessman, an agreement deviating from section 28 (1) of the Commercial Code;
c)
under subparagraph (c), surname, first name, date of birth and place of residence or, where appropriate, company, legal form, registered office or establishment, and the amount of the deposit of each of the members of a limited partnership and in the case of the European Economic Association of interests the members with surnames, first names, date of birth and place of residence or, if applicable, with company, legal form, registered office or branch office
and the changes that relate to them.
6.
In column 6, in point (a), the date of registration, under point (b), shall be entered in other comments.
7.
Where an entry contains the nomination of a legal entity entered in a public register, the type and location of the register and the register number of that right-holder shall be recorded.
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Section 41

(1) In the event of the entry of a personally liable partner or a partner in the business of an individual businessman or in the event of the entry of a shareholder into an existing company, the previous company shall not be continued and the If a new company is registered under a new number on another register sheet, the entry in column 5 of the register shall be entered in the previous and in the case of the new company. The same shall apply from an agreement deviating from Article 28 (1) of the Commercial Code. (2) The other in column "Remarks" shall be referred to on each tab. Unofficial table of contents

§ 42

Is notified to the Commercial Register that the trading business of an individual businessman, a legal person, an open trading company or a limited partnership shall be entitled to a trading company registered in Division B with the right to: The continuation of the company has been transferred, the entries in Division A of the Register shall be highlighted in red in the trade business. If the acquirer is notified of the continuation of the company, the registration in Division B shall be referred to the previous register sheet in the column "Remarks" and vice versa.

Division B

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Section 43 Content of the entries in Department B

In Division B of the Commercial Register, the following information shall be entered:
1.
In column 1, the serial number of the registration relating to the company shall be entered.
2.
In column 2
a)
under point (a), the firm;
b)
in point (b), the place of establishment or the seat, in the case of public limited companies, in an SE, in limited liability companies and limited liability companies, the domestic business address and, where appropriate, the surname and First name or company and legal form, as well as the domestic address of a person entitled to receive declarations of intent and delivery, as well as the establishment or termination of branches, including the place, including the place of origin, including the place of origin, Postal code, the domestic business address and, if the company is responsible for a branch shall be accompanied by an addition, with the addition of this supplement;
c)
under point (c), the subject matter of
and the changes to be made to them in each case.
3.
In column 3, in the case of public limited liability companies, an SE and, in the case of limited liability companies, shares are the current amounts of the share capital, in the case of companies with limited liability the amount of the share capital and the amount of the share capital. Mutual insurance associations shall specify the amount of the foundation fund.
4.
In column 4
a)
in point (a), the general rules on the representation of the legal entity by the members of the board, the managing body, the managing directors, the personally liable partners, and the judicial authorities in the case of credit institutions Appointed representatives, the managing directors, the liquidators or the liquidators, and
b)
in the case of public limited-liability companies and mutual-insurance associations, the members of the Management Board and their alternates (in the case of public limited-liability companies, under the special name of the Chairman), and the members of the SE Management bodies and their substitutes (under the special name of their chairman) or the managing directors, in the case of limited partnerships on shares, the personally liable partners, and in the case of credit institutions, the court Authorised persons appointed, in the case of companies with a limited number of Liability the managing directors and their substitutes, as well as the liquidators or liquidators as such, each with surnames, first names, date of birth and place of residence or, where appropriate, with company, legal form, seat or establishment
and the respective changes to be made to them. If, on a case-by-case basis, the power of representation of the persons to be registered in column 4 under point (b) differs from the information given in column 4 under point (a), that special power of representation shall be noted among the persons concerned. Similarly, in column 4 under point (b), foreign insurance undertakings are the principal agents appointed pursuant to Section 106 (3) of the Insurance Supervision Act, at a branch of a company established in another State, that the banking business operates in the extent referred to in Article 1 (1) of the Law on the Credit Sector, the directors appointed pursuant to Section 53 (2) (1) of the Law on the Banking Act and a branch of a public limited company, SE or limited liability company with a registered office abroad in accordance with Section 13e (2) sentence 5 (3) of the Commercial Code, each with surnames, first names, date of birth and place of residence, indicating their powers.
5.
In column 5, the entries relating to the prokura, including the surname, first name, date of birth and place of residence of the prokurists, and the changes relating to them, shall be indicated.
6.
Column 6 shall indicate:
a)
in point (a), the legal form and the date of the adoption of the articles of association or the conclusion of the social contract; any amendment of the articles of association or of the social contract; in the case of registration it is sufficient, unless the amendment is to be amended, to: -a general description of the subject-matter of the amendment;
b)
under point (b), in addition to the information to be entered in Section 40 (5) (b) (bb), as appropriate for Division A:
aa)
the special provisions of the articles of association or of the social contract relating to the period of time of the company or of the mutual insurance association;
bb)
integration, including the firm of the main company, and the end of integration, its reason and its date;
cc)
the existence and type of business contracts, including the name of the other part of the contract, in the existence of a large number of partial profit-transfer contracts, alternatively instead of the name of the other contract part, a name which is In particular, the change in the enterprise contract and its termination with the indication of the reason and the timing;
dd)
the resolution, the continuation and the nullity of the company or the mutual insurance association;
ee)
Applications under the Transformation Act and in accordance with the Sanation and Resolution Act;
ff)
the erasure of the company, the erasure of a public limited company, SE, limited partnership on shares, company with limited liability or of a mutual insurance association, as well as erasure of its own motion;
gg)
the existence of a conditional capital, including the decision of the general meeting and the amount of the conditional capital;
hh)
the existence of an authorized capital, indicating the decision of the general meeting or the shareholders ' meeting, the amount of the authorized capital and the date on which the authorization is made;
ii)
in the case of investment companies with variable capital, the minimum capital and capital defined in the Articles of Association;
jj)
the decision of a transfer of shares against cash settlement (Section 327a of the German Stock Corporation Act), stating the day of the decision;
kk)
the conclusion of a post-start contract, indicating the date of the conclusion of the contract and the approval decision of the general meeting, as well as the contracting party or partners of the company;
b)
in the case of mutual insurance associations, the day on which the business operation has been authorised
and the changes that relate to them.
7.
The use of column 7 shall be governed by the rules on the use of column 6 of Division A.
8.
Section 40 (7) shall apply accordingly.
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Section 44

Judgments by which a decision of the Annual General Meeting of a public limited company, SE, limited partnership on shares or the shareholders ' meeting of a company with limited liability, which is entered in the register, is void of a final judgment , as well as the deletion of a decision pursuant to section 398 of the Act on the Procedure in Family Matters and in the matters of voluntary jurisdiction, a note which annuls the decision shall be deleted in the to enter the columns of the register into which the decision was entered. Unofficial table of contents

§ 45

(1) Should a public limited company, an SE, a Kommanditgesellschaft in shares or a company with limited liability be deleted as void, it is if the defect can be healed in which according to § 395 para. 2, § 397 of the law on (2) The deletion shall be effected by the registration of an endorsement, which shall be deemed to have been the subject of the Nullible. The same shall apply if the company is annulled by a final judgment. Unofficial table of contents

Section 46

In the case of a trading company registered in Division B, the change of the company to the commercial register is notified because the transaction with the right to continue the company on a single trader, a legal person or a If the acquirer has been notified of the continuation of the company, the registration in the column "Remarks" shall be referred to the previous register sheet and vice versa.

IVa.
Rules applicable to the electronically controlled trade register

1.
Establishment of the electronically controlled trade register

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§ 47 Principle

(1) In the case of the electronic management of the trade register, it must be ensured that:
1.
comply with the principles of proper data processing, in particular take precautions against data loss and keep the required copies of the data at least up to date and the original data sets as well as whose copies are kept safe,
2.
the entries to be made will soon be recorded in a data storage and can be reproduced in a legible form in terms of content in the long term,
3.
the measures required under the annex to section 126 (1), second sentence, point 3 of the basic book order are taken.
The documents must be stored in a form which cannot be changed in terms of content. (2) If the data processing is carried out on behalf of the competent local court on the premises of another state body or a third party (Section 387 (5) of the Law on the Procedures in family matters and in matters of voluntary jurisdiction shall ensure that entries in the commercial register and the retrieval of data are effected only if this has been provided by the competent court (3) The processing of the register data on installations which have been is not the property of the other state body or third party, shall be permitted only if it is ensured that the data is subject to full access by the competent court and that the owner of the installation does not have access to the data . Unofficial table of contents

§ 48 Concept of electronically controlled trade register

In the case of the electronically-controlled trade register, the content of the register sheet recorded in the data memory intended for this purpose and which can be reproduced in a legible form in the long term (section 13 (1)) is the commercial register. The determination of the data memory in accordance with the first sentence may be amended by the authority responsible under national law where this is intended to ensure or improve the preservation and availability of the data, and the data shall not be used in the process. will be changed. Unofficial table of contents

Section 49 Requirements for installations and programmes,
Backup of assets, programs and data

(1) With regard to the requirements for the systems and programs used for the electronically-run commercial register, their securing and the securing of the data, § § 64 to 66 of the basic booking order shall apply accordingly. (2) The employed The data processing system shall be uniform within each country and may be linked to the systems used in the other countries. Unofficial table of contents

§ 50 Design of the electronically controlled trade register

(1) The content of the electronically controlled trade register must be able to be made visible on the screen and in print in accordance with the patterns given (Annexes 4 and 5). The last stand of all entries (current register contents) which have not yet become subject-free can also be made visible in column-wise reproduction as continuous text according to the patterns in Appendix 6 and 7. (2) The contents of the closed Register sheets which have not been rewritten for electronic register management must be made in accordance with the given patterns (Annexes 1 and 2 in the period up to the date of entry into force of the Law on Electronic Commerce Register and Cooperative Register) as well as the business register on 1 January 2007 (b) on the screen and in printed form, if the last entry in the register sheet was not made before 1 January 1997.

2.
Application of the electronically controlled register sheet

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Section 51 Anlaying of the electronically controlled register sheet by rewriting

A register sheet previously kept in paper form can be used for electronic guidance in accordance with § § 51, 52 and 54 in the until the entry into force of the law on electronic commercial registers and cooperative registers, as well as the business register on 1. This Regulation will be reworded as amended in January 2007.

3.
Automated retrieval of data

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§ 52 Scope of automated data retrieval

The scope and conditions of the call in the automated procedure, including the right to produce prints from the retrieved data, are determined in accordance with Section 9 (1) of the Commercial Code. Imprints are not the same (§ 30a). Unofficial table of contents

Section 53 Logging of the calls

(1) For the purpose of ensuring the proper processing of data and for the billing of the costs of the call, all recalls shall be recorded by the competent authority. In the minutes, only the court, the number of the register, the person or body which is to be called, a business, file or other identification of the call, the date of the call and the data used for the execution of the call may be taken into account. (2) The data logged may only be used for the purposes set out in the first sentence of paragraph 1. They shall be protected by appropriate arrangements for non-purpose use and against any other misuse. (3) The minutes referred to in paragraph 1 shall be four years after the end of the calendar year in which the payment of the costs has been carried out, destroyed. In the event of an appeal with the aim of restitution, the retention period shall be extended by the period from the date of submission to the final decision on the appeal.

4.
Replacement registers and replacement measures

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Section 54 Replacement registries and replacement measures

(1) If the acceptance of entries in the electronically managed commercial register is temporarily not possible, then the order of the competent authority in accordance with the law of the country may be issued without the award of a new number in a replacement register in If confusion is not to be obtained, paper form will be made. They are to be taken over into the electronically-run commercial register as soon as this is possible again. The re-acquisition of the register is subject to the rules on the application of the computerized register sheet in the period to the entry into force of the Law on Electronic Commercial Register and Cooperative Register and the Business Register on 1 January (2) The establishment and management of the replacement registers referred to in paragraph 1 shall apply to Article 17 (2) and to the provisions of Section IV of this Regulation and to the provisions of Sections I to III in the bis on the entry into force of the Law on Electronic Commerce Register and the Register of Cooperatives and the Business Register on 1 January 2007 as amended by this Regulation. (3) If electronic applications and documents are temporarily not accepted, the competent authority in accordance with national law may Arrange that applications and documents can also be submitted in paper form to the commercial register. Documents submitted on the basis of an order in accordance with the first sentence shall be transferred immediately to electronic documents. Unofficial table of contents

Final formula

The Reich Minister for Justice Unofficial table of contents

Appendix 1 (omitted)

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Appendix 2 (omitted)

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Annex 3 (to section 33 (3))
Patterns for notices

(Fundstelle: BGBl. I 2008, 2040)
District Court Charlottenburg-Register Court-,
File number: HRB 8297In () details of the address and of the business branch shall be made without guarantee: new entries
27.06.2009
HRB 8297 Jahn & Schubert GmbH, Berlin, Behrenstr. 9, 10117 Berlin. Limited liability company. Object: the operation of a book printing company. Stock capital: EUR 30 000. General rules of representation: If only one managing director is appointed, he shall represent the company alone. If several managing directors are appointed, the company will be represented by two managing directors or by a managing director together with a prokurist. Managing Director: Wedemann, Frauke, Berlin * 18.05.1986, with the right of individual representation with the authority on behalf of the company to conclude with himself in his own name or as a representative of a third party legal transaction. Social contract of 13. 01. 2009 with change from 17.01.2009.Beamed on: 30.06.2009. Unofficial table of contents

Appendix 4 (to § 50 para. 1)

(Fundstelle: BGBl. I 2001, 3693;
with regard to of the individual amendments. Footnote)
Commercial register of the Local Court Division A Number of the company: HR A 

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I a) Company I a) General I I a) Legal form, I a) Day
I b) Seat, I represent-I start and I of
I Lower-I Regulation I I Statute I One-
I b) proprietor, I b) Other I tra-
I domestic personal I I right-I gung
I Business-liable I Prokura I ratios b) Be-
I address I Gesell-I I c) Komman-I mer-
I Branch I, I I ditisten, I kun-
Number of I down-I Business-I I Members I gen
Registration I, guide, I I 2) I
I c) The Board of Management, I I I
I of Under-representative I I
1) Authorized I I I I
I I and special I I
I I Representative-I I
I I authorized I I I
I I authorized I I I
-------------------------------------------------------------------------------
1 I 2 I 3 I 4 I 5 I 6
-------------------------------------------------------------------------------
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
I I I I
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1)
The registration of the company's subject matter is mandatory only with the European Economic Interest Grouper and legal persons.
2)
Members here are those of the European Economic Interest Group.
Note: The header and column headings must always be visible when you retrieve the register data on the screen. Unofficial table of contents

Annex 5 (to section 50 (1))

(Fundstelle: BGBl. I 2001, 3693;
with regard to of the individual amendments. Footnote)
Commercial register of the Local Court Division B Number of the company: HR B 

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I a) Company I I a) General I I a) Legal form, I a) Day
I b) Seat, I I represent-I start, I of
I Lower-I I Regulation I I Statute I A-
I, I b) Member of the Board of Management, I I or Gesell-tra-
I domestic I-I-I-I-I-I-I
I Business-reason I organ, I I contract I b) Bem-
I address, or I business-I Pro-I b) Other I er-I
I receive-I trunk-leading I kura I Right-I kun-
I authorized capital directors, I I ratios
I person I I personally I I I
Point I, branch I I, I I I I
I lower-I I Gesell-I I I
One-I Regione I I, I I I I
(c) Subject I Business-I I I
I of the Under-I Guide, I I I
I I I represent-I I
I I I authorized I I
I I and special I I
I I Representative-I I
I I I empower I I

-------------------------------------------------------------------------------
1 I 2 I 3 I 4 I 5 I 6 I 7
-------------------------------------------------------------------------------
I I I I I
I I I I I
I I I I I
I I I I I
I I I I I
I I I I I
I I I I I
I I I I I
I I I I I
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Note: The header and column headings must always be visible when you retrieve the register data on the screen. Unofficial table of contents

Annex 6 (to section 50 (1))

(Fundstelle: BGBl. I 2001, 3694;
with regard to of the individual amendments. Footnote)
Commercial register of the Local Court Division A Company number: HR A
Playback of the current register content
1. Number of previous entries:
2. a) Company:
b) Registered office, branch office, domestic business address branches:
c) The Company's subject matter: 1)
3. a) General rules of representation:
b) Proprietor, personally liable partner, managing director, board of directors, representative and special representative:
4. Prokura:
5. a) Legal form, beginning and statutes:
b) Other legal relationships:
c) Kommanditisten, members 2):
6. Date of last registration:

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1)
The registration of the company's subject matter is mandatory only with the European Economic Interest Grouper and legal persons.
2)
Members here are those of the European Economic Interest Group.
Note: The two headlines must always be visible when fetching the register data on the screen. Unofficial table of contents

Annex 7 (to section 50 (1))

(Fundstelle: BGBl. I 2001, 3694;
with regard to of the individual amendments. Footnote)
Commercial register of the Local Court Division B Company number: HR B
Playback of the current register content
1. Number of previous entries:
2. a) Company:
b) Registered office, branch office, domestic business address, authorized person Branch:
c) The subject of the company:
3. Basic or share capital:
4. a) General rules of representation:
b) Board of directors, managing body, managing directors, personally liable partners, managing directors, representatives of representatives and special power of representation:
5. Prokura:
6. a) Legal form, beginning, statutes or social contract:
b) Other legal relationships:
7. Date of last registration:

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Note: The two headlines must always be visible when fetching the register data on the screen. Unofficial table of contents

Appendix 8 (omitted)

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