Is the freelancer registered in the commercial register?

Posted on by Beckham Fox


Is the freelancer registered in the commercial register? The freelancer is only registered in the commercial register if he chooses the legal form of a GmbH or AG (in addition, there is also the partnership company, which, however, is not registered in the commercial register, but in the partnership register).

What do freelancers have to do?

There are a number of things that freelancers have to do when they set up their own business. But one of their duties is not to be entered in the commercial register. However, they have the right to do so and can be listed in the commercial register if they wish.

What is the commercial register for traders and freelancers?

The commercial register is for tradesmen or freelancers do not get an entry. Small businesses and GbR are also an exception. They also do not need an entry in the commercial register. All other companies must be entered in the commercial register.

Is it possible to register voluntarily in the commercial register? However, sole proprietorships and partnerships under civil law (GbR) have the option of voluntarily registering in the commercial register. Freelancers do not have this option, even if they run a freelance GbR. They are therefore denied entry in the commercial register even on a voluntary basis.

What does merchants mean for traders?

For commercial traders, this means that since the company is entered in the publicly accessible commercial register, business partners can check there who is behind the company. Fantasy names are therefore possible. Freelancers and other non-merchants are usually not entered in the commercial register.

What are the differences between small business and sole trader?

A distinction must also be made between small businesses and small traders: This is an unregistered sole proprietor who is subject to private law under the German Civil Code (Bürgerliches Gesetzbuch, BGB), while a sole trader is subject to the German Commercial Code (Handelsgesetzbuch, HGB).

What is the accounting obligation for traders?

The accounting obligation includes a minimum record-keeping obligation for traders who meet all the requirements for the accounting obligation. According to this, a goods receipt book § 143 AO and a goods issue book §144 AO must be kept. The obligation to keep records begins with the fiscal year following the notification by the tax office.

What is the legal basis for the merger of several freelancers?

The legal basis for the merger of several freelancers is the law on partnership companies (PartGG). There are a number of things that freelancers have to do when they set up their own business. But their duties do not include registering in the commercial register.

What are the conceivable legal forms of freelancers? Of the multitude of conceivable legal forms, four legal forms are of particular interest in the practice of freelancers: the sole proprietorship, the civil law partnership, the partnership company and the limited liability company.

Which legal forms are interesting in the practice of freelancers?

An overview of the various legal forms. Of the many conceivable legal forms, four legal forms are of particular interest in the practice of freelancers: the sole proprietorship, the civil law partnership, the partnership company and the limited liability company.

How do freelancers join forces?

If freelancers join forces, they are able to offer significantly more comprehensive services. They can thus expand their portfolio and also offer services unrelated to their profession. The other participants here represent a kind of subcontractor.

What is a commercial register?

The Commercial Register is a business register. It contains basic information about a company. This information can be accessed by anyone, for example via the joint register portal of the federal states. The commercial registers are maintained by the competent district courts.

What does the commercial register contain?

Commercial register. Typically, the commercial register contains, among other things, information on the company name, registered office, branch and subsidiaries, the object of the company, persons authorized to represent the company, the legal form of the company, as well as the share capital or nominal capital and the name of the business owner.

What are the legal bases for the commercial register?

The legal basis for the commercial register can be found in the German Commercial Code (§§ 8 - 12 HGB) and, in addition, in the Commercial Register Ordinance. Applications to the Commercial Register for new entries, changes or deletions of information must be publicly certified. Entries usually require an application.

Is the commercial register a public register?

The commercial register is a public register. This means that anyone can view the commercial register entries and request extracts. On site, this is possible for an appropriate fee; online, a user account must be created for the register portal.

What is the commercial register for traders and merchants?

The commercial register is for traders or merchants. Freelancers do not get an entry. Small businesses and GbR are also an exception. They also do not need an entry in the commercial register. All other companies must be entered in the commercial register.

What is the commercial register for a merchant? Every merchant is obliged to register his company and the location of his commercial establishment with the locally competent commercial register. The commercial register enjoys public faith, which means that one may trust in the accuracy of the information contained therein. The commercial register also serves to protect the company.

What is a trade not registered in the Commercial Register? According to § 2 HGB, a trade that is not entered in the commercial register is not a commercial enterprise, and therefore not a merchant. Thus, the commercial enterprise is now very closely related to the concept of a merchant.

Which self-employed persons may voluntarily register in the commercial register?

Other self-employed persons, for example small traders and freelancers, may voluntarily register in the commercial register and become a merchant. This blog post has been reviewed for legal accuracy by our partner law firm VETO Rechtsanwaltsgesellschaft mbH.

Why do self-employed sole proprietors have to register in the Commercial Register?

In principle, self-employed sole proprietors and partnerships under civil law (GbR) do not have to register in the commercial register. However, they can do so on a voluntary basis. We discuss the advantages and disadvantages. In practice, it has been shown that registration in the commercial register increases the trust bonus of business partners.

What legal points should they pay attention to as freelancers?

You should consider the following legal and tax points as a freelancer when starting your own business: Legal form for freelancers Registration for freelancers to start self-employment Pension insurance for freelancers Artists' social insurance for freelancers Health insurance for freelancers Taxes for freelancers.

What are the differences between freelancers and professionals? One major difference is that freelancers do not have to pay trade tax, while tradespeople do. In the following, we explain further differences that need to be considered when making a choice. Avoiding trade tax sounds tempting at first.

What makes it difficult to recognize freelancers in IT?

The latter, in particular, often makes it difficult for freelancers in IT to be recognized because IT service providers often also sell equipment and technology as well as perform maintenance and support work. How does the registration of your IT business work? You register your self-employed IT activity at the responsible trade office.

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