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von Göler (Hrsg.) / Alexander Bayer / § 35a

§ 35a Required particulars in business letters

(1) All business letters, regardless of their form, which are addressed to a specific recipient must indicate the company’s legal form and registered office, the court of registration at the place of the company’s registered office and the number under which the company has been entered in the Commercial Register, the directors and, if the company has established a supervisory board and the supervisory board has a chairperson, the chairperson of the supervisory board together with his or her family name and at least one given name written out in full. Where information is supplied regarding the company’s capital, the share capital as well as, if all the capital contributions to be made in cash have not yet been made, the overall amount of the outstanding capital contributions must in any case be stated.

(2) The particulars referred to in subsection (1) sentence 1 are not needed in notifications or reports issued in connection with an existing business relationship and for which forms are generally used in which only the required particular needs to be entered in an individual case.

(3) Order forms are deemed to be business letters within the meaning of subsection (1). Subsection (2) does not apply to them.

(4) All business letters and order forms used by a branch office of a limited liability company with a registered office abroad must include the register in which the branch office is recorded and the number of the register entry; in all other cases, the provisions of subsections (1) to (3) apply to particulars regarding the main office and the branch office insofar as foreign legislation does not require any deviations therefrom. If the foreign company is in liquidation, this fact and all the liquidators are also to be indicated.

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