Since 01.01.2024, it has been possible for partnerships under civil law (GbR) to be entered in the new GbR register. Here we explain why the GbR register was created and when it makes sense to register as a GbR:
1. Reason for the new company register
Reliable information about the existence, identity and proper representation of a GbR was previously difficult to obtain. However, the legal and business community has a legitimate interest in information such as this. Reliable information about the GbR should therefore be publicly accessible to everyone, as is the case with other forms of company.
2. Introduction of the new company register
The legislator has recognized the need for action here and has already decided to introduce a company register on 1 January 2024 with the Personal Company Law Modernization Act (MoPeG) promulgated on 17 August 2021. The following information will now be entered in the company register:
Name of the company,
registered office and address,
General representation regulations,
shareholders, authorized representatives and special powers of representation,
Legal form and other legal relationships (e.g. name changes, dissolution, change of status).
Each registered GbR receives a register number, e.g. GbR 3142. Upon entry in the company register, the GbR is obliged to add the words "eingetragene Gesellschaft bürgerlichen Rechts" or "eGbR" as an addition to its name.
3. Obligation to register
The registration in the GbR-register is generally not mandatory for GbR shareholders. However, from now on a registration in the GbR- register is a requirement for carrying out legal transactions which in turn require the registration in another register (e.g. land register, commercial register, share register, trademark register). So real estate purchases by a GbR are now only possible with a registration in the GbR-register.
4. Conclusion
Shareholders of a GbR should check whether their current or planned business requires a registration in the GbR-register in order to make the registration and the corresponding amendments to their articles of association in good time.
