Registered merchant

from Wikipedia, the free encyclopedia

The name registered trader or registered clerk (also single merchant or assistants ) are in Germany that an individual entrepreneur , that is a natural person , as a merchant in the Commercial Register entered is. Common abbreviations for sole traders are in particular e. K. , e. Kfm. Or e. Kfr. ( § 19 HGB).

The Commercial Code thus applies to the business of the registered merchant . For him, therefore, the commercial customs , such as the obligation to notify ( § 377 HGB) or the principles of the commercial letter of confirmation apply in particular . Although the registered businessman is not a legal person , he can sue and be sued under his company ( § 17 HGB).

information

The sole proprietorship in the broader sense, regardless of any entry in the commercial register , is the most common legal form in Germany. The owner of the sole proprietorship bears full personal liability for all liabilities of the company.

Insofar as the sole trader is by virtue of his activity a merchant within the meaning of the HGB ( actual merchant , commercial trade according to § 1 HGB), entry in the commercial register is required by law ( § 29 HGB). Other tradespeople can register themselves voluntarily and thus become a merchant by virtue of registration (so-called optional merchants: small businesses in accordance with Section 2 of the German Commercial Code, agricultural and forestry businesses in accordance with Section 3 (2) of the German Commercial Code).

The businessman is entered in the commercial register in section A. The entry is declaratory with an actual merchant, the merchant status thus exists even without entry. In the case of an optional merchant according to § 2 or § 3 HGB, the entry is constitutive for the merchant status, so this is only acquired through the entry.

The merchant runs a company , i. H. a name under which he appears in business dealings. This is entered in the commercial register. When selecting the company, the company principles of § 18 HGB must be observed.

As a sole trader, as is otherwise only possible for legal entities, the establishment of branches is permitted ( Section 13 HGB).

The fees for registration, registration and publication of the e. K. are about 180 euros.

Advantages and disadvantages

advantages

The advantages of the legal form include quick decision-making. No complex coordination processes are required, as the registered businessman is solely responsible and authorized to make decisions. This means that there are no conflicts about the type of company management or the distribution of profits.

disadvantage

The disadvantage of this legal form compared to others is the liability risk, as the merchant is personally and without limitation liable for his business decisions. The procurement of equity capital is also limited to one's own assets, that is to say, one cannot increase the capital by selling shares or shares. In contrast to an unregistered small business owner, he is obliged to draw up a balance sheet of his assets and liabilities. According to the Commercial Code, the obligation does not apply if sales of EUR 600,000 and profit of EUR 60,000 in each case are not exceeded in two consecutive financial years ( Section 241a ) or, in the case of formation, are not exceeded on the first reporting date after the start-up. However, the decisive factor (because it is more likely to be fulfilled) is § 141 AO, according to which there is an accounting obligation if a turnover of € 600,000 or a profit of € 60,000 was achieved in the previous year.

Individual evidence

  1. ↑ The (voluntary) entry in the commercial register. IHK Region Stuttgart, accessed on February 12, 2020 .