Commercial Register Ordinance (Germany)
| Basic data | |
|---|---|
| Title: | Ordinance on the establishment and maintenance of the commercial register |
| Short title: | Commercial Register Ordinance |
| Abbreviation: | HRV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Section 125 (3) FGG a. K. |
| Legal matter: | Commercial law |
| References : | 315-20 |
| Issued on: | August 12, 1937 ( RMBl. P. 515) |
| Entry into force on: | |
| Last change by: |
Art. 19 G of November 20, 2019 ( Federal Law Gazette I p. 1724, 1738 ) |
| Effective date of the last change: |
November 26, 2019 (Art. 29 G of November 20, 2019) |
| GESTA : | C044 |
| Weblink: | Text of the HRV |
| Please note the note on the applicable legal version. | |
The Commercial Register Ordinance (HRV) regulates the establishment and management of the commercial register in Germany , which has been electronically managed since 2007 in accordance with an EC directive .
The HRV forms the procedural basis for the commercial register, which informs about the essential economic circumstances of business people and companies and can be viewed by anyone ( § 8 , § 9 HGB ). Entries in the commercial register enjoy comprehensive protection of traffic and trust ( Section 15 HGB).
The HRV describes the legal requirements and technical details of the electronic workflow :
- Acceptance of the registrations and other electronic documents digitized, signed and electronically transmitted by the notaries ;
- Collection of the master data relevant for the entry ;
- Registration and disclosure of the facts;
- Online information on the content of the entries and the documents submitted to the commercial register.
Due to its enormous inputs and outputs, the commercial register and the HRV are the first e-justice project to familiarize large sections of the population with electronic legal transactions.
Basics
The HRV is a statutory ordinance of the federal government on the basis of Section 125 (3) of the Act on Matters of Voluntary Jurisdiction (FGG). The long title reads "Ordinance on the establishment and management of the commercial register (Commercial Register Ordinance - HRV)". The ordinance is cited as the Commercial Register Ordinance of August 12, 1937.
Far-reaching changes were made by Art. 5 Para. 1 and 2 of the “Law on Electronic Commercial Register and Cooperative Register and the Company Register ” ( EHUG ) of November 10, 2006 ( Federal Law Gazette I p. 2553 ) and by Art. 13 of the Law on the Modernization of the GmbH law and to combat abuse (MoMiG) of October 23, 2008 ( Federal Law Gazette I p. 2026 ).
With the EHUG, the specification of the so-called SLIM-IV directive for the Europe-wide introduction of electronically managed registers was implemented: “Directive 2003/58 / EC of the European Parliament and of the Council of July 15, 2003 amending Directive 68/151 / EEC of the Council of March 9, 1968 with regard to the disclosure requirements of certain legal forms of companies, Disclosure Directive of March 9, 1968. "
The decisive change by the MoMiG is the introduction of the domestic business address as a record. This means that the domestic business address participates in the protection of traffic and trust in the commercial register and thus facilitates deliveries to companies .
literature
- Robin Melchior, Christian Schulte, Sandra Schneider: Commercial Register Ordinance. Comment . 2nd Edition. Books on Demand, Norderstedt 2009, ISBN 978-3-8370-9070-3 reading sample .
Web links
- Text of the regulation
- Text of the EHUG ( Federal Law Gazette 2006 I p. 2553 ) (PDF file; 266 kB)
- Directive 2003/58 / EC (PDF)(SLIM IV Directive) of July 15, 2003
- Text of the MoMiG ( Federal Law Gazette 2008 I p. 2026 ) (PDF file; 177 kB)
