Which decisions are in the central trade register?
The decisions relate to the registration variants already mentioned. The competent authorities make a judgment about the extent to which a trader has violated the applicable regulations and the penalty they are imposing on this person.
Criminal decisions are only imposed against natural persons or an association of persons . In contrast, administrative decisions , decisions imposing fines and waivers , both natural and legal persons meet.
There are these types of decisions:
- Administrative decisions: This category includes all applications that have been rejected or subsequently revoked. The imposition of a training ban in your company or a prohibition of the commercial enterprise are also so-called administrative decisions.
- Fine decisions: Administrative offenses are sanctioned with a corresponding fine. However, only those fines that are over a value of 200 euros are entered in the central trade register . In the case of so-called collective notices, each individual offense is noted with the corresponding amount.
- Disclaimers: If you are threatened with revocation due to unreliability, you can object. If you then decide not to continue this procedure, the corresponding waiver will also be entered in the GZR.
- Criminal judgments: In the case of a criminal offense which, according to the third book of social legislation, is related to commercial operations, the offense will be recorded in your company’s file in the central commercial register. This happens from the imposition of a fine of 90 daily rates or a prison sentence of three months . This includes, for example, illegal employment or tax evasion .
How can you get information from the trade register?
As a private person, you can request information from the trade register at any time. The regulatory or trade office of the municipality in which the company is based is responsible for this .
Requirements, procedure, costs, etc.
In order to receive a copy of the trade register entry , you have to submit a corresponding trade office request in accordance with §14 Trade Regulations GewO. Note that the Local Business Directory is not a public register. So you have no legal right to access. When applying, you have the choice between simple or extended business information:
|Simple business information
||In this excerpt, the name, the activity and the address of the company are given.
A simple personal or written request is sufficient for the fairly unproblematic application.
|Extended business information
||In addition to the name of the company, the activity and the address of the company headquarters, additional personal data of the owner (e.g. name, address, date of birth) are recorded in the extended business information.
In addition, with the extended information you will receive information about the legal form and any previous company addresses.
To apply, you must be able to credibly prove that you have a legal interest in this information.
The costs for information are based on the local regulations of the municipality. The Berlin Trade Register currently charges a processing fee of five euros for extended e-information and 10 euros for written information. The Frankfurt trade register, on the other hand, already requires 13 euros for a simple and 16 euros for an extended information.
As an alternative to the written information already mentioned, you can put the extract from the trade register online. This is usually a little cheaper and faster. Not all municipalities offer this service. If your community has an online system, you will find the relevant information on how to apply on their website.
What does an extract from a trade register look like?
An extract from the trade register is an official certificate confirming that a company has been properly registered. The letterhead therefore consists of the details of the municipality and the trade register number of your company. Reference is then made to Section 340 (1) of the Trade Regulations and the data on your trade is given (type, owner, date of entry, activity). At the end of the day, it is important for the validity of an extract that both the fees paid and the official stamp of the municipality can be seen.
How can you have entries deleted from the trade register?
A deletion from the normal, municipal trade register is done quickly and is based either on §14 GewO or §55c GewO . It is important that you either download the relevant form from the website of your municipality or pick up a copy of the form directly from the office. Depending on the local regulations, a small processing fee may apply and proof of the termination of your business may be required.
In a nutshell: frequently asked questions about the trade register
What is a GISA extract?
In contrast to Germany, Austria has a central trade register that lists all of the country’s companies. This register is called the Austrian Business Information System (GISA for short). A GISA extract is accordingly a trade register information . This information contains information on the name of the company, the location, the trade license and possibly the place of residence of the owner.
What is the Central Trade Register?
The central trade register is a special department of the federal central register. It lists all the offenses committed by a company. An extract from the central trade register can be used as document type 1 for private individuals or document type 9 for authorities and serves as a kind of commercial certificate of good conduct.
What does an extract from the central trade register cost?
If you would like to receive information from the central trade register, this has cost a fee of 13 euros since 2002 . You have to pay this to the receiving authority.
When is a GmbH a trade?
A GmbH (limited liability company) is automatically also a trade, because it is founded with the idea of generating economic income. As a GmbH, you have to be entered in the commercial register and the trade register.
As a rule, you have to register a trade with the municipality in whose territory the company is based before you start business operations. The entry is done quickly using a completed form. In contrast to the municipal trade register, only those companies can be found in the state’s central trade register that have become conspicuous in their actions in any way. Similar to a certificate of good conduct, you can apply for a central trade register if there is a serious interest in doing business.
A personal request is sufficient for simple information from the municipal register. If you move the headquarters of your company, you have to apply for a change in the entry in the register or, if you move to another municipality, a change of registration.