The abbreviation RB stands for the registered businessman and may also be used by him. This designation describes a natural person who is registered as a merchant in the respective commercial register.
A sole trader can be registered in the commercial register, but is not forced to do so. The fact that it is not registered does not mean that it does not lose its merchant status. The situation is different for people who run a small business or belong to the under-traders. You are only considered a merchant if you are entered in the commercial register.
Registered businessman: The legal form
As already mentioned above, the merchant can have himself entered in the commercial register, but does not have to. A registered businessman is a sole proprietorship and therefore has no partners or silent partners. There are also no co-determining partners. Solely the merchant acts on behalf of the company and acts for it. As soon as the merchant thinks about getting a partner, he has to switch to a partnership or trading company.
Such entrepreneurs who really do active commercial trade are required to be entered in the commercial register and are referred to as so-called ” actual merchants “. They are also subject to the provisions of the Commercial Code.
Entrepreneurs who do business, but not trade, are referred to as “can traders ”. You can choose whether or not to register. They are only subject to the provisions of the Commercial Code once they have been registered.
What must be entered in the commercial register?
There are two different departments within the commercial register. Department A and Department B exist . In department A, among other things, the sole traders are also entered. In section B, on the other hand, companies such as the stock corporation are entered.
For the most part, the two departments differ in the data to be entered.
In Department A, data such as the registered office and legal form are entered. The owner of the company and the amount of the limited partner’s contribution can be seen in the respective entry.
Possible exclusions of liability in the event of a business takeover, suspension or cancellation of insolvency proceedings and also the opening of the company can be found in the entry.
Who has to be entered in the commercial register?
Freelancers and small businesses are free to choose whether to be registered in the commercial register. But as soon as you have yourself entered in the register, you become a merchant directly. Forexample, a GbR becomes an OHG.
For commercial merchants , for an OHG , a GmbH and for the AG, the obligation for entry in the commercial register exists at the time of formation. In order to make it easier to judge whether a certain business enterprise needs to be entered in the commercial register, data such as annual sales, number of employees and the number of business transactions are looked through.
If you start the registration process, you will be given a commercial register number . This number must be given on the company website. It can also be communicated to business partners so that they can obtain information about the company.
When do I have to be entered in the commercial register?
An entry in the commercial register is usually necessary when the company is opened. This means that the entry must be made with the opening. Small traders alone have the free decision whether to register or not.
However, even those people who run a small business are not always free to make this decision. If there is a certain annual turnover and the people also meet other points, then they must also be registered and no longer enjoy freedom of choice.
Unfortunately, small businesses can only orientate themselves on rough information, because the legislature has not clearly defined when they have to make an entry.
This is how the entry in the commercial register works
After all this information you are of course wondering how the whole entry in the commercial register works . So that you have a rough idea of how this works, here are a few things to look out for that are explained.
What do I have to consider when registering?
Normally, a registration is certified by a notary, which means that you have to look for one first. There are usually several notaries in your area and you only have to choose one of them.
The following things are then communicated to the notary:
- Company and company name
- Seat, branch, possibly branches and addresses of the respective branches
- Corporate purpose
- Authorized representatives and their powers of representation
- legal form
- Amount of share and share capital
If there are any changes, this must be communicated to the competent registry court. The managing director must ensure that there are no special circumstances, such as bankruptcy proceedings.
Entry in the commercial register: the costs
The cost usually play the most important roles here when it comes to a company to start to open or. The cost of entry in the commercial register depends on factors such as legal form and company size. For sole proprietorships, costs of € 200-300 can be expected.
Do you have to register as a businessman with the trade office?
To even become a businessman, you have to register a trade . There is the possibility of opening what is known as a small business. Small traders are not the same as merchants and have the free choice of whether or not to register as a merchant. If they carry out an activity in their commercial activity that is commercial according to the Commercial Code, then they are also businessmen at the same time. This means that merchants also have to register with the responsible trade office.
Rights and benefits as a registered businessman
The registered merchant brings all sorts of advantages that normal traders or partnerships do not have. Since the registered businessman has no partner, he is also the sole owner of the company and does not have to share his earnings with someone else. He also makes all important decisions himself and does not have to ask anyone for advice.
No minimum capital is required for this legal form . This registration alone gives the merchant a better reputation with banks and other business people. Fantasy names are also permitted and allowed.
As a registered businessman, however, he must also adhere to all of such obligations. For example, he is personally liable for all company obligations. In addition, with the entry in the commercial register, he undertakes to draw up a balance sheet .