Business register
A business register is an official directory of companies in a state or a confederation of states . Such registers serve to publicize legally essential information and to make it available to the public .
The European Business Register brings together many different national business registers in Europe . Such a summary is typical of business registers. For example, the business register of the Czech Republic also includes state-owned companies and non-profit associations, and that of the Netherlands also includes government agencies and religious communities . The tradition of such registers is old and in Spain , for example, goes back to a register of ships and flags from 1737, which was followed by the local commercial register in 1885 .
Germany
The Business Register of Germany is a database and website for research on German companies that has been operated on behalf of the German government since 2007.
Content of the business register
The company register ( § 8b Commercial Code - HGB ) enables central access to the information from the commercial register , the partnership register and the cooperative register . Because it is not limited to trade , it can also show a conversion of a partnership between freelancers into a GmbH , for example . Ultimately, however, the company register only acts as a search engine that consolidates the results or as an intermediary: the information is transmitted directly from the respective registers ( Section 8b (3) HGB). The registers are retained as such (independently).
In addition to the register data, the company register bundles a range of other information, in particular the commercial register announcements , insolvency announcements and publications in the electronic Federal Gazette (e.g. the convening of a general meeting). It is of particular importance that the accounting documents that are required to be disclosed can be accessed there free of charge.
As a central portal, the company register facilitates the search for information (because all companies are recorded according to their seat, company, searchable) and thus serves legal transactions as well as the protection of creditors and customers . In contrast to the commercial register, there is no protection of trust with regard to the contents of the company register - it develops neither positive nor negative publicity. Something different only applies if the original register information is accessed via the business register. Even the ad hoc announcements are only documented there; it is not an advertising platform.
Legal background
The business register was introduced by the law on electronic commercial registers and cooperative registers and the business register of November 10, 2006. It started operations on January 1, 2007. Its introduction goes back to the final report of the Government Commission on Corporate Governance in 2001. It also serves to implement European law requirements. The business register serves as an “officially appointed system for the central storage of prescribed information” i. S. v. Art. 17 para. 1a, 21 para. 2 of the Transparency Directive and fulfills the requirement of “one file” i. S. v. Art. 3 Para. 1 Disclosure Directive.
With the implementation of Directive 2012/17 / EU by law of December 22, 2014, § 9b HGB also created the legal basis for cross-border access to the accounting documents contained in the company register by networking the national registers in the European Justice Portal .
organization
The company register is operated by the operator of the electronic Federal Gazette , Bundesanzeiger Verlagsgesellschaft mbH. Research on individual companies, access to publications and company owner data are free of charge; Access to extracts from official registers ( commercial register , cooperative register , partnership register ) is chargeable, however, also via the business register. Data transfers to the company register are primarily carried out by the operator of the electronic Federal Gazette (in-house). The federal states provide index data which enable access to the original register data; partially (announcements) the full text is also provided. Companies traded on the stock exchange must either themselves or through contracted companies. a. Publish their ad-hoc announcements or information about proprietary transactions by executives and voting rights .
See also
Individual evidence
- ^ Business registers in the Member States - Czech Republic . European union . March 13, 2013. Retrieved September 3, 2014.
- ^ Business registers in the Member States - Netherlands . European Union. November 29, 2012. Retrieved September 3, 2014.
- ^ Business registers in the Member States - Spain . European Union. June 17, 2014. Retrieved September 3, 2014.
- ↑ Contents . Bundesanzeiger Verlagsgesellschaft. Retrieved December 5, 2011.
- ↑ Christ, Müller-Helle: Obligations to publish under the new EHUG . Haufe, 2007, p. 64 ( Google Books ).
- ↑ Rationale for the draft law ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ DIRECTIVE 2004/109 / EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL dated 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 (PDF)
- ↑ DIRECTIVE 2009/101 / EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 September 2009 on the coordination of the protective provisions that are prescribed in the member companies within the meaning of Article 48 paragraph 2 of the contract in the interests of the shareholders and third parties to make these provisions equivalent to be designed (codified version) (PDF)
- ↑ Directive 2012/17 / EU of the European Parliament and of the Council of June 13, 2012 amending Directive 89/666 / EEC of the Council and Directives 2005/56 / EC and 2009/101 / EC of the European Parliament and of the Council in Reference to the linking of central, commercial and companies registers OJ. L 156/1 of June 16, 2012
- ↑ BGBl. I p. 2409
- ↑ Friedrich Graf von Westphalen: Linking central, commercial and company registers January 21, 2015
- ↑ Text of the regulation on the transfer of the management of the business register
- ↑ Cost of use . Bundesanzeiger Verlagsgesellschaft. Retrieved December 5, 2011.
- ^ Text of the Business Register Ordinance
- ↑ The Securities Supervision . Federal Financial Supervisory Authority . Retrieved on December 5, 2011. ( Page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
