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Glossary · Legal forms

Registered merchant (eingetragener Kaufmann, e.K.)

Also: e.K., e.Kfm., e.Kfr., eingetragener Kaufmann, eingetragene Kauffrau, sole trader in the commercial register

In short

A registered merchant is a sole proprietor whose business name is entered in division A of the commercial register and who uses a suffix such as "e.K.", "e.Kfm." or "e.Kfr.". Like every sole proprietor, they are liable without limit with their private assets.

Registered merchant (eingetragener Kaufmann, e.K.) explained

Registration is mandatory as soon as the business, by its nature or scope, requires a commercially organised operation (Sec. 1 (2), Sec. 29 HGB). Smaller traders may register voluntarily (Sec. 2 HGB). With registration, the Commercial Code applies: the owner may also use a descriptive or invented business name, must state the business name, suffix, place of business, register court and register number on business letters (Sec. 37a HGB) and can grant Prokura. A registered merchant only needs books and a balance sheet above the thresholds of €800,000 turnover or €80,000 annual profit (Sec. 241a HGB); below that, cash-basis accounting is sufficient.

Legal basisSec. 1, 2, 19 (1) no. 1, 29, 37a HGB; Sec. 3 (2) HRV

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Related terms

ProkuraProkura is a commercial-law power of attorney for all types of transactions and legal acts that operating a commercial business involves; its holder is called a Prokurist. It is granted expressly and entered in the commercial register.Asset management GmbH (vermögensverwaltende GmbH)An asset management GmbH manages its own assets, such as real estate, securities or shareholdings, instead of running an operating business. It is often used as a holding company or to invest accumulated profits.Corporation (Kapitalgesellschaft)In a corporation, the capital contributed is what matters, not the person of the shareholders; examples are the GmbH, UG and AG. It is a legal entity and in principle is only liable with the company's assets.eGbRThe eGbR is a GbR that is entered in the partnership register at the local court and carries the suffix "eGbR". Registration has been possible since 1 January 2024 and is voluntary, but it is a prerequisite for acquiring real estate or GmbH shares.Foundation (Stiftung)A foundation is a legal entity without members, endowed with assets in order to fulfil a purpose set by the founder permanently and sustainably. It comes into existence through the act of establishment and recognition by the competent state authority.GbR (civil law partnership)A GbR comes into existence as soon as at least two persons contractually undertake to pursue a common purpose, without a notary, register or minimum capital. All partners are personally liable for its debts, without limit and jointly and severally.

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