Letterhead. Among the new rules introduced by the business register, which has came into force on January 1 of the current year, there is also a special obligation of information.
On their letterheads or ordering forms addressed to certain receivers on paper or in any other form (especially in electronic format) as well as in their emails and websites, all companies recorded in the business register have to include the following information: name of the company, legal form of the company, headquarter, number of entry into the business register, the indication of a pending liquidation procedure, if this is the case, and the court where the business register is kept.
This obligation does not apply to communications and reports sent in the framework of an already existing business connection where usually forms are used (such as bills of delivery, order confirmation or invoices).
In case of general partnerships and limited partnerships, where none of the partners subject to unlimited liability is a natural personal, the letterheads, ordination forms and addresses on websites have to give the above information with reference to the partner who is subject to an unlimited liability. Sole proprietors have also to give their name should it be different from the name of the company.
Legal form. Entrepreneurs who have already provided for an entry into the business register but who have not indicated the legal form, have to register this supplementary information by December 31, 2009. Sole proprietors have to provide for the registration of the addition “eingetragener Unternehmer” (registered entrepreneur) or “e. U.”.
General partnerships (OG) and limited partnerships (KG) may chose a name for their company consisting of a name or the object of the activity followed by “OG” or “KG”. Only companies, which already before January 1, 2007, were registered with the additional indication of “OHG” may continue to do so without any change.
The request for entry of the change to the name of the company is free of any charge if referring only to the additional information of the legal form and if filed before October 1, 2010.