(1) The following provisions additionally apply to branch offices of limited liability companies having their seat abroad.
(2) An officially certified copy of the statutes and, insofar as such articles are not drawn up in the German language, a certified translation into German, are to be attached to the application. The provisions of section 8 subsection (1) no. 2 and subsections (3) and (4) of the Act on Limited Liability Companies apply. Section 8 (3) of the Act on Limited Liability Companies is not to be applied to stock corporations that are subject to the laws of a Member State of the European Union or of another Contracting Party to the Agreement on the European Economic Area. Where an application for registration of the establishment of a branch office is made within the first two years following registration of the company in the Commercial Register of its seat, the arrangements made pursuant to section 5 (4) of the Act on Limited Liability Companies are to be included in the application, unless foreign law necessitates divergence.
(3) The registration of the establishment of a branch office also is to contain the particulars required by section 10 of the Act on Limited Liability Companies as well as the particulars required by section 13e (2) sentences 3 to 5.
(4) The managing directors are to apply for registration in the Commercial Register of any amendments to the foreign company’s articles of incorporation. Unless foreign law necessitates divergence, the provisions of section 54 (1) and (2) of the Act on Limited Liability Companies apply accordingly to the application.
(5) In all other regards, the provisions of sections 39 and 65 (1) sentence 1, section 67 (1) and (2) and section 74 (1) sentence 1 of the Act on Limited Liability Companies apply accordingly, unless foreign law necessitates divergence. Section 39 (3) of the Act on Limited Liability Companies is not to be applied to stock corporations that are subject to the laws of a Member State of the European Union or of another Contracting Party to the Agreement on the European Economic Area.
(6) The provisions concerning the establishment of a branch office apply accordingly to the closure thereof.