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Procedure descriptions
Partnership register - registering an entry
The legal form of partnership company (PartG) is reserved exclusively for members of the professions. It corresponds to the general partnership (OHG). Lawyers, doctors or architects can choose this legal form as an example. Other professions can be incorporated into the partnership company.
Note: The partnership company is not compulsory for the professions. Other legal forms are also possible.
The partners are personally liable with their own assets as a rule. Should only individual partners have been occupied with the processing of an order, only they will be liable for professional mistakes alongside the partnership.
The partnership register is a public directory. The register is managed electronically. The partnership register discloses the actual and legal circumstances of a partnership on the basis of the details submitted by the partners. In particular, it contains the following details:
- Name, place of business and purpose of the partnership.
- Professional designation of all occupations belonging to the partnership.
- The partners involved in the partnership (first name, family name, place of residence, date of birth and power of representation).
- Opening, suspension or cancellation of insolvency proceedings (without these entries being made public)
- Dissolution of the partnership
- Deletion of the name of the partnership
For the entry of a partnership, all partners must register in the register.
Responsible authority
the registration court, in whose district the future premises of the partnership company are located
Note: Registration courts in Baden-Württenberg are the local district courts (Amtsgericht) in Freiburg, Mannheim, Stuttgart and Ulm.
Details
Prerequisite
- The partnership company is not a trading business.
- The partners in a partnership company can only be natural persons.
- A partnership agreement has to be signed.
The partnership agreement must be in writing and has to contain the following information:
- name and registered office of the partnership
- surname and first name as well as the profession exercised in the partnership and the place of residence of each partner
- purpose of the partnership
Procedure
The entry in the partnership register must be registered by all partners at the register court in whose district the future business premises of the partnership company are located. The registration takes place exclusively electronically. You must submit your registration in an officially certified form, i.e. with a qualified signature in accordance with the German Signature Act (Signaturgesetz).
Tip: Please contact a notary. He or she will help you formulate the registration, will certify it and submit it to the competent register court. The local Chamber of Notaries (Notarkammer) can help you find a notary located close to you.
In particular, your registration must contain:
- Name, place of business and purpose of the partnership.
- First names and family names of the partners, as well as their occupation in the partnership, place of residence, date of birth and power of representation.
Required documents
The competent body can request documents, for example licence certificates or competency certificates of the partners.
Costs
The costs of registration are graded according to registration expense.
Miscellaneous
All new entries and changes are notified electronically in the register portal at www.handelsregister.de.
Legal basis
- § 4 Partnerschaftsgesellschaftsgesetz (PartGG) (Anmeldung der Partnerschaft)
- § 5 Partnerschaftsgesellschaftsgesetz (PartGG) (Inhalt der Eintragung, anzuwendende Vorschriften)
- § 12 Handelsgesetzbuch (HGB) (Anmeldungen zur Eintragung und Einreichungen)
- Verordnung über die Einrichtung und Führung des Partnerschaftsregisters (Partnerschaftsregisterverordnung, PRV)
- Handelsregistergebührenverordnung (HRegGebV) (Gerichtsgebühren für die Eintragung)
Release note
The German original version of this text was drafted in close cooperation with the relevant departments. The Justizministerium released it on 14.05.2019. Only the German text is legally binding. The Federal State does not assume any liability for the translated texts.
In cases of doubt or if you have any questions or problems, please contact the relevant authorities directly.