(1) The following information and documents also are accessible via the European Justice Portal, insofar as they concern share capital companies or branch offices of share capital companies that are subject to the laws of another Member State of the European Union or of another Contracting Party to the Agreement on the European Economic Area:
1. entries in the Commercial Register,
2. register notices by publication,
3. documents submitted to the Commercial Register,
4. financial reporting documents pursuant to section 325, as well as
5. a certificate of merger, of division into several enterprises, or of a change of legal form in accordance with section 316 (1) sentence 4, section 329 sentence 3 or section 343 (1) sentence 4 of the Transformation Act (Umwandlungsgesetz – UmwG).
To this end, the Land departments of justice transmit the data of the Commercial Register and the body maintaining the Business Register transmits the data of accounting documents, respectively, to the central European platform pursuant to Article 22 paragraph (1) of Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law (OJ L 169 of 30 June 2017, p. 46), as last amended by Directive (EU) 2019/2121 (OJ L 321 of 12 December 2019, p. 1; L 20 of 24 January 2020, p. 24), insofar as such transmission is required to create access to the original data via the search service on the website of the European Justice Portal. The information and documents are made accessible via the European Justice Portal subject to the provisions of Commission Implementing Regulation (EU) 2021/1042 of 18 June 2021 laying down rules for the application of Directive (EU) 2017/1132 of the European Parliament and of the Council as regards technical specifications and procedures for the system of interconnection of registers and repealing Commission Implementing Regulation (EU) 2020/2244 (OJ L 225 of 25 June 2021, p. 7).
(2) The court of registration at which the register page of a share capital company or branch office of a share capital company within the meaning of subsection (1) sentence 1 is maintained participates in the exchange of information between the registers via the central European platform. To this end, share capital companies and branch offices of share capital companies within the meaning of subsection (1) sentence 1 are to be allocated a unique European identifier. In accordance with the following subsections, the court of registration transmits to the central European platform information and documents on
1. the registration of the opening, revocation or termination of insolvency proceedings concerning the assets of the company,
2. the registration of the dissolution of the company and the registration of the completion of liquidation or winding-up of the company or its continuation,
3. the striking-off of the company,
4. the certificate of merger, of division into several enterprises, or of a change of legal form in accordance with section 316 (1) sentence 4, section 329 sentence 3 or section 343 (1) sentence 4 of the Transformation Act, the coming into effect of a cross-border transformation, as well as the entry of the new company resulting from a cross-border division into several enterprises or the entry of the cross-border division into several enterprises for inclusion in the register of the acquiring company,
5. the registration of the establishment of a branch office and the registration of the closure of the branch office, as well as
6. the change of the following data of the company or of the branch office:
a) the company name or the name of the branch office,
b) the seat of the company or the business address of the branch office,
c) the legal form of the company,
d) the number under which the company or the branch office has been entered in the register,
e) the persons who are authorised, in their capacity as corporate body stipulated by law or as members of such a body, to represent the company in court and out of court, or who participate in the management, supervision or control of the company.
The transmission of the information is effected subject to the provisions of Commission Implementing Regulation (EU) 2021/1042.
(3) The Land departments of justice designate the electronic information and communication system via which the data from the Commercial Register are to be made accessible (subsection (1)) and transmitted and received in the exchange of information between the registers (subsection (2)), and they are responsible for operating the transfer of data in accordance with subsections (1) and (2), without prejudice to the responsibility of the body maintaining the Business Register provided for in subsection (1) sentence 2. Section 9 (1) sentences 3 to 5 applies accordingly.
(4) The body maintaining the Business Register transmits, in accordance with the requirements of Commission Implementing Regulation (EU) 2021/1042, any change of the accounting documents that a share capital company having its seat in Germany has disclosed (section 325 (1b) sentence 1), without undue delay, to the central European platform if the share capital company has established a branch office that is subject to the laws of another Member State of the European Union or of another Contracting Party to the Agreement on the European Economic Area. If the body maintaining the Business Register receives data, via the European system of interconnection of registers, relating to the change of the financial reporting documents of a share capital company that is subject to the laws of another Member State of the European Union or of another Contracting Party to the Agreement on the European Economic Area and that has established a branch office within Germany, then the body maintaining the register will confirm receipt of the data via the European system of interconnection of registers.