Issue of Certificates on the Content of the Commercial Register
If companies are represented in the notarization, the notary has to determine who is representing the company and whether these persons are authorized to represent the company. If the power of representation is based on an entry in the commercial register or a similar register evidencing such facts (e.g. cooperative or association register), a certificate issued by the notary is sufficient for the determination of such right of representation. The notary may issue the certificate only after first having satisfied himself of the fact that the entry has been made, based on inspection of the register or of a certified copy thereof. The certificate of representation is regularly included in the notarial deed or the certification note.
A notarial certificate of registration can also be issued regarding the following facts and circumstances:
- existence or seat of a legal person (e.g. GmbH, AG) or commercial enterprise (e.g. oHG, KG),
- changes of business name of companies and partnerships,
- transformations or
- other legally relevant circumstances (e.g. previous business names of companies and/or termination of the company in the course of a merger with another legal entity),
if these are based on an entry in the commercial register or a similar register (e.g. cooperative or association register).