Act to Modernize Partnership Law
The MoPeG has been in force since January 01, 2024. In particular, the requirements for civil law partnerships ("GbR") have been partially changed. The company register has been newly created, in which GbRs can or, in some cases, must register. We would like to briefly inform you about important changes and any obligations that may apply to you:
When is action required?
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Do you have a partnership in the form of a GbR, oHG or KG? |
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Have your articles of association reviewed and, if necessary, adapt them to the legal changes – also for oHG and KG the old law applied, so the contracts may also need to be adjusted here. |
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Since this year, a company register comparable to the commercial register has existed for the GbRIn principle, registration is voluntary. |
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Exception: If you have an asset management GbR, i.e. a GbR with Real Estate or shareholdings? Then you can only make legal changes in the commercial register or land register as a registered GbR (eGbR), so that in these cases a obligation to register If the GbR is not registered, the company may be unable to act. One positive aspect is that the eGbR makes legal transactions in real estate transactions much easier. |
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Consequence: For companies that register in the Companies Register, the Registration in the transparency register is mandatory. Failure to comply with this obligation may result in a fine. |
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What should be the next step? Have expert advisors check the changes to be made to the partnership agreement and any mandatory registration. Please note that the company register must always be updated and that all partners must make the entries together. |
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Are there any costs involved? Court and notary fees are incurred for the registration. Correcting the land register or commercial register also incurs costs. Please contact us in individual cases to discuss the costs involved. |
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Why all this? Apart from the fact that you will be called "eGbR" after registration, nothing will change for your company in everyday life. The aim of the MoPeG is to create more transparency and legal certainty for your business partners. Please feel free to contact us for further legal changes. |
This client information does not replace legal advice in individual cases, but rather represents non-binding information. Our experts in corporate law and your contact persons for more in-depth advice or questions on this topic.
Get in touch with us!
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Eugen Mayer |
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Marc Conrad |
