On 01.04.2003 the transitional period for the validity of § 19 HGB ended, the wording of which is reproduced at the end.
With regard to the imprint obligations according to § 6 TDG , the own company name has to be checked and changed. Violations may result in fines of up to EUR 50,000.00 or measures under competition law.
Company letterheads, business cards etc. must also be adapted.
In legal proceedings and in particular in order for payment proceedings, the complete information is mandatory.
Minor traders who are not registered in the commercial register or freelancers may no longer conduct the proceedings under the "company name" and the owner addition. Violations lead in the reminder procedure to the monierung of the request and thus to substantial loss of time.
Example: so far permissibly "newspaper publishing house ABC owner Mr. ABC + summonable address".
From 01.04.2004 "Mr. ABC + summonable address".
Further exemplary details:
According to § 19 I No. 1 HGB
the registered sole trader must be designated as such. This can be done by the abbreviations mentioned in No. 1. However, other abbreviations are permissible if they are generally understandable. The businesswoman may also use a corresponding female suffix.
According to § 19 I No. 2 HGB
the corresponding designation or a generally understandable abbreviation must be used for the general partnership. OHG" or "oHG" have become customary and accepted. The personal name of a general partnership must contain the surname of at least one personally liable partner, the first name is no longer required but permissible.
On the basis of § 19 I No. 3 HGB
the limited partnership must contain the designation "Kommanditgesellschaft" or a generally understandable abbreviation.
It is in no case sufficient to indicate only general and suggestive additions (ABC & Co. ). ABC & Co without concrete legal form addition or ABC GmbH & Co are therefore inadmissible.
Only ABC & Co KG or ABC GmbH & Co KG would be correct.
Wording of § 19 HGB in the version generally applicable as of 01.04.2003 :
§ 19 HGB
(1) The company name, even if continued under sections 21, 22, 24 or other statutory provisions, must contain:
1. in the case of sole traders, the designation "eingetragener Kaufmann", "eingetragene Kauffrau" or a generally understandable abbreviation of this designation, in particular "e.K.", "e.Kfm." or "e.Kfr;
2. in the case of a general partnership, the designation "general partnership" or a generally understandable abbreviation of this designation;
3. in the case of a limited partnership, the designation "Kommanditgesellschaft" or a generally understandable abbreviation of this designation.
(2) If no natural person is personally liable in a general partnership or limited partnership, the name, even if continued under sections 21, 22, 24 or other statutory provisions, must contain a designation indicating the limitation of liability.
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