Introduction

Corporate entities such as GmbH, UG and AG are subject to a range of publication obligations. These obligations are regulated by law and serve to ensure transparency and security in business transactions.

This article explains which publication obligations apply to corporate entities and what founders need to bear in mind.

Which types of companies are affected?

The publication obligations apply to all corporate entities registered in the commercial register. These include:

• GmbH
• UG
• Public limited company (AG)
• Partnership limited by shares (KGaA)
• European Company (SE)
• European Cooperative Society (SCE)

What is new?

In August 2022, the EU Directive on the publication of company information (DIRUG (EU) 2022/123) was transposed into German law. The directive stipulates that the publication of annual financial statements and other company information will in future take place via the Unternehmensregister (company register). Previously, this information had to be published in the Bundesanzeiger (Federal Gazette).

The new regulation applies to all financial years beginning after 31 December 2021.

Who is responsible for publication?

The responsibility for publication lies with the managing director of the corporate entity. They are responsible for ensuring that the required documents are submitted to the company register on time.

What are the consequences of non-compliance?

Non-compliance with publication obligations may result in fines of up to €2,500.

Tips for founders:

• Consult your tax advisor to find out about the publication obligations for your corporate entity.
• Ensure that you submit the required documents to the company register on time.
• Keep an eye on deadlines and do not let the volume of documents overwhelm you.

Conclusion

Strict publication obligations apply to corporate entities. These obligations are regulated by law and serve to ensure transparency and security in business transactions.

Founders should therefore inform themselves about these obligations at an early stage and ensure that they are properly fulfilled.