For many businesses, it is almost impossible to avoid contact with the Commercial Register, whether when a commercial company is established or during its existence.
Since the business environment is constantly changing as a result of various factors and circumstances, the legal regulation of the Commercial Register is also evolving, as it must respond to new requirements and challenges in the corporate environment.
Evidence of this is the long-awaited amendment to the Commercial Register Act, which, with effect from 1 November 2023, introduces a new method of registering a limited liability company in the Commercial Register. Until that date, data could be entered in the Commercial Register only through the so-called registry courts, which was often associated with a number of practical problems. Under the current legislation, an application for the registration of a limited liability company may be filed not only through registry courts but also through notaries.
If you decide to use the legal services of our law firm in connection with the formation of a limited liability company, from 1 November 2023 our firm can apply on your behalf for the registration of your new company not only to the competent registry court but also to any notary.
The formal and substantive requirements for the application for registration of a company in the Commercial Register are the same for registration through a notary as they were before the amendment took effect. The method of filing the application has also remained unchanged, so the law still only allows the application to be filed electronically through the designated electronic communication channels. What is new, however, is that if the applicant wishes to be represented in registration proceedings before a notary by someone other than their employee, their authorised representative may only be an attorney or a notary.
What is the main advantage of registering a limited liability company through a notary?
The greatest advantage of registering a limited liability company through a notary is clearly the speed of the process. If all conditions are met, the notary will register the company in the Commercial Register within a few minutes. By contrast, registration of a company through a registry court usually takes several days (registry courts have a statutory time limit of two working days, although even this time limit for making the entry is not always observed by the court). Registration through a notary therefore appears to be suitable especially if you need to start doing business as soon as possible.
How much does it cost to register a limited liability company through a notary?
For registration of a limited liability company through a registry court, a court fee of EUR 150 is payable. The notary’s fee for registering the company in the Commercial Register is somewhat higher, as in this case the client pays the notary a fee of EUR 180 (EUR 150 + VAT). For a slightly higher cost, however, the applicant obtains a considerably faster registration procedure.
If you need help with setting up your company, do not hesitate to contact us.
