Effective January 1st, 2007, EHUG Expanded Mandatory Information Requirement for Business Correspondence of German Business Entities

The Act on Electronic Commercial Registers and Company Registers (Gesetz über elektronische Handelsregister und Genossenschaftsregister sowie das Unternehmensregister, (EHUG)), has clarified mandatory information requirements in business emails. The mandatory information required by sections 37a, 125a and 177a of the German Commercial Code (HGB), section 80 of the German Stock Corporation Act (AktG), section 35a of the German Limited Liability Company Act (GmbHG) and section 25a of the German Act on Mutual Societies (GenG) must be provided in every form of business correspondence, effective January 1st, 2007.  The information required remains the same as for printed business letters.

Sole proprietor – Einzelkaufmann (section 37a HGB)

  • Name of business and legal form.
  • Location of the commercial branch.
  • Competent registry court and commercial register number.

Commercial partnership – OHG/KG (section 125a HGB, section 177a HGB, section 80 AktG, section 35a GmbHG)

  • Name of partnership and legal form.
  • Location of the commercial branch.
  • Competent registry court and commercial register number.
  • Additionally for partnerships where no shareholder is a natural person, a partnership or a limited liability partnership (with a natural person as personally liable shareholder): the company name of the personally liable shareholder(s) and the respective mandatory information for the limited liability company or the stock corporation.

Limited liability company – GmbH (section 35a GmbHG)

  • Name of company and legal form.
  • Registered office of the company.
  • Competent registry court and commercial register number.
  • All managing directors and their deputies – surname and at least one first name.
  • If applicable, chairman of the supervisory board – surname and at least one first name.

Stock corporation – AG (section 80 AktG)

  • Name of company and legal form.
  • Registered office of the company.
  • Competent registry court and commercial register number.
  • All members of the management board and their deputies, specifying the chairman – surname and at least one first name.
  • Chairman of the supervisory board – surname and at least one first name.

German branches of foreign limited liability companies or stock corporations – Zweigniederlassungen ausländischer Gesellschaften (sections 35a para 4 GmbHG, 80 para 4 AktG)

  • Competent registry court and commercial register number of the German branch.
  • The respective mandatory information for the foreign limited liability company or stock corporation as set out above, provided the applicable foreign legislation does not require any deviations.


The above overview was excerpted from a more detailed discussion by Freshfields Bruckhaus Deringer.

The Act was published in “Bundesgesetzblatt Jahrgang 2006 Teil I Nr. 52“.

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