Mandatory information from business letters now also required for e-mail/fax

The "Act on Electronic Commercial Registers and Registers of Cooperatives as well as the Business Register" (EHUG) has been in force since 01.01.2007.

This law changes, among other things, the provisions of § 37a HGB, § 125 a HGB, § 25 GenG and § 35a GmbHG. The EHUG now makes it obligatory for all German entrepreneurs and companies (merchants, trading companies and societies) to provide the mandatory information that they previously only had to provide in printed business letters in business e-mails and faxes. Sole traders, general partnerships, limited partnerships, limited liability companies and public limited companies entered in the commercial register must therefore now provide the mandatory information required by law in all business-related business letters.

However, the term "business e-mail" or "business fax" has not been determined by the law. However, this term is to be interpreted very broadly. It covers, among other things, all offer letters, enquiry confirmations, orders, receipts, invoices, delivery notes, contract texts and order confirmations.