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Part 2 · Formation of the company › Section 39

Content of the entry in the register

(1) In entering the company in the register, the following particulars are to be provided: the business name and the seat of the company, a business address within Germany, the purpose of the enterprise, the amount of the capital stock, the day on which the by-laws were established, and the members of the management board. Where an application is filed to enter in the Commercial Register a person authorised to receive declarations of intent and to accept documents served on the company and such person has an address within Germany, this information is to be entered as well; in relation to third parties, the authorisation to receive declarations of intent and to accept service of documents will be considered as continuing in force until it is cancelled in the Commercial Register and notice of such cancellation has been given by publication unless the third party was aware of the fact that no authorisation to receive service of documents existed. Furthermore, the type of power of representation conferred upon the members of the management board is to be registered as well.

(2) Where the by-laws include provisions governing the duration of the company or its authorised capital, these provisions as well are to be registered.

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