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Home >> Companies >> Incorporation of a company
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Incorporation of a company PDF Print E-mail

With the exception of the small concern and the GbR (company constituted under Civil Law) all legal forms, whether companies or partnerships, must be registered in the companies register. this registration is conducted by the district course and provides legal certainty, since all legal and actual measures must be proven.

The companies register contains all the information that someone wishing to do business with the company may desire to see, including for instance:

  • the firm
  • the name of the owner or name of the liable partner(s) of an unincorporated firm
  • the liability of the limited partner
  • the nominal capital of a GmbH (company with limited liability)
  • who has been granted power of attorney
  • Whether the firm is in liquidation
  • Whether the firm is bankrupt

The companies register is public and offers all interested parties the possibility of seeing the documents free or charge. copies are obtainable for a nominal fee. the companies register, as per the land registry is a holder of the public faith, that is to say people may rely on its content as being correct.

The companies register has two sections:

  • Section A for registered merchants and partnerships (OHG and KG)
  • Section B for companies with stocks or shares (AG and GmbH for instance)
The Civil Law Notary will ensure all legal relations of the company are declared, checked by the registry office. He will further ensure they are entered in the Companies Register and declared in the daily press. The registration must be undertaken by the members of the representative body of the company

Proclamation

It is necessary to proclaim the registration of the company in a public register by means of the daily press as well as in the Electronic Federal Legal Gazette.

Since the 1st of January 2007 the following can be submitted electronically:

  • Publications and proclamations in the Electronic Federal Legal Gazette
  • Entries in the electronic commercial register, cooperatives register and in the partnership register
  • Necessary proclamoations to the above registers.
  • as well as enterprise-relevant proclamations

 

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