Legal Form Suffix "eGbR": Not Necessarily at the End of the Company Name (Higher Regional Court of Cologne, 4 Wx 4/24)

Since the entry into force of the Act to Modernise the Law on Partnerships (MoPeG), civil-law partnerships entered in the partnership register (Gesellschaftsregister) must bear the suffix "eingetragene Gesellschaft bürgerlichen Rechts" (registered civil-law partnership) or "eGbR" (§ 707a(2) sentence 1 of the German Civil Code, BGB). In practice, the question that frequently arises is less a substantive than a formal one: where must the legal form suffix be placed?

The order of the Higher Regional Court (Oberlandesgericht, OLG) of Cologne of 24 April 2024 (case no. 4 Wx 4/24) provides clarity in this respect. Contrary to the view of some register courts, the suffix "eGbR" does not necessarily have to be placed at the end of the partnership's name. Rather, it may also appear within the name, provided that the legal form remains clearly recognisable.

In doing so, the OLG relies on the wording as well as the meaning and purpose of the provision: business dealings are to be informed about the liability and partnership situation – not about a particular order of the designation.

Practical note: despite this decision, for reasons of legal certainty it remains advisable to place the suffix "eGbR" at the end of the partnership's name in order to avoid delays and rejections in the register procedure.