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Zurückonline proceedings from August 2022
publiziert am 14/04/2022
With the Act for the Implementation of the Digitization Directive (abbrv. DiRUG) of July 5th, 2021 the path was cleared for the online formation of the GmbH (~ limited liability company), as well as with the implementation of register applications via online proceedings with effect starting August 1st, 2022.
These regulations are now to be supplemented and expanded once again. In the future, online certification of commercial register applications will be possible for all legal entities. At the same time, applications to the register of partnerships, cooperatives and associations will also be included in the scope of the notarial online certification procedure.
The online formation of a GmbH (~limited liability company) will no longer be limited to cash formations, i.e. where the share capital is provided by the founders in cash. Formations on the basis of non-capital contributions, where the capital is contributed in the form of objects such as motor vehicles, are to be included in the scope of online formation. Foundations in kind involving the contribution of objects whose transfer is itself subject to notarization (for example, land or GmbH shares) are excluded. Online procedures are generally not permitted for these objects of notarization.
In addition, shareholder resolutions to amend the articles of association, including capital measures (increase and reduction of share capital), will also be included in the scope of the online procedure.
We have already installed appropriate video-communication facilities in the Bergstraße notary’s office and are looking forward to August 2022.
Please do not hesitate to contact us should you have any further questions.
Yours,
Notaries Bergstrasse
Online Verfahren ab August 2022
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