Law on the electronic commercial register and register of cooperatives and the business register
| Basic data | |
|---|---|
| Title: | Law on the electronic commercial register and register of cooperatives and the business register |
| Abbreviation: | EHUG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Commercial law , company law |
| Issued on: | November 10, 2006 ( BGBl. I p. 2553 ) |
| Entry into force on: | November 16, 2006 and January 1, 2007 |
| GESTA : | C020 |
| Please note the note on the applicable legal version. | |
The law on electronic commercial registers and cooperative registers as well as the company register (EHUG), which mainly came into force on January 1, 2007, is a German article law with which the European legal requirements through the Disclosure Directive and the Transparency Directive were implemented into national law.
It created the framework for the management of electronic commercial registers , introduced an electronic company register and reorganized the procedure and sanctions for the disclosure of annual financial statements .
In particular, the reform of the procedure and the enforcement of the statutory obligation to publish annual financial statements led to a paradigm shift for non-capital market-oriented companies in Germany with regard to the disclosure of their annual financial statements . While before 2007 violations of the disclosure obligation were only prosecuted at the request of an authorized person , the EHUG created a fine procedure that is initiated ex officio.
Corporations are required by law to submit their financial statements to the electronic Federal Gazette no later than 12 months after the end of the financial year . Violations of this disclosure obligation are punished with administrative fine proceedings and fines between 2,500 and 25,000 euros by the Federal Office of Justice . The digitization of disclosure data enables the Federal Office of Justice to pursue such violations across the board.
literature
- Susanne Christ, Adrian Müller-Helle: Obligations to publish under the new EHUG . Haufe Verlag, Munich 2007, ISBN 978-3-448-07495-6
Individual evidence
- ↑ Directive 2003/58 / EC of the European Parliament and of the Council of July 15, 2003 amending Directive 68/151 / EEC of the Council with regard to the disclosure requirements of certain legal forms of companies OJ. No. L 221 of September 4, 2003
- ↑ Directive 2004/109 / EC of the European Parliament and of the Council of December 15, 2004 on the harmonization of transparency requirements with regard to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34 / EC OJ . No. L 390/38 of December 31, 2004
- ^ Draft of a law on electronic commercial registers and cooperative registers as well as the business register (EHUG) BT-Drs. 16/960 of March 15, 2006
- ↑ cf. Synopsis of the laws changed by the EHUG
- ↑ Lexicon of Tax Law: EHUG, Law on the Electronic Commercial Register and Cooperative Register and the Business Register 6th edition, August 15, 2019
- ↑ EHUG - New Disclosure Duties IWW Institute, AStW Current Issues from Tax and Business Law, Edition 02/2007, p. 132
- ↑ Sebastian Holzmann: Employees as addressees of accounting: Empirical analysis of the influence of corporate publicity policy on employee remuneration . 1st edition. Publishing house Dr. Kovac, Hamburg 2019, ISBN 978-3-339-11370-2 , pp. 57 ( verlagdrkovac.de [accessed December 8, 2019]).
