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Germany implements digitalization directive
On the 1st of August 2022, two laws came into force: Act on Implementation of The Directive (EU) 2019/1151 of the European Parliament and Council of the 20th of June 2019 amending Directive (EU) 2017/1132 in regards to the use of digital tools and process in company law Directive (Gesetz zur Umsetzung der Digitalisierungsrichtlinie (DiRUG), Bundesgesetzblatt Jahrgang 2021 Teil I Nr. 52, ausgegeben zu Bonn am 13. August 2021) (Digitalization Directive). It addresses a number of amendments including but not limited to the Law on limited liability (GmbH) companies, the Commercial Code, the Notary Act, the Certification Act, the Commercial Register Ordinance and many more.
The most significant change is that it is now possible to establish a GmbH fully online, to enter filings only via the Business Register rather than sharing via separate platforms, cross-border exchange of information about branches and disqualified managing directors is facilitated across EU Member States as well. Besides that, it is expected that a notary would be able to certify signatures electronically, however, the special software is still being implemented.
