The Partnership Register: Need for Action for Civil-Law Partnerships

The Act to Modernise the Law on Partnerships (MoPeG) entered into force on 1 January 2024. With the introduction of the so-called partnership register (Gesellschaftsregister), civil-law partnerships (GbR) that participate in legal transactions can be registered. In addition to the name of the GbR, the place of residence or registered office of the partners and their power of representation must also be registered.

The MoPeG changes numerous rules on the registration of rights in public registers, such as the land register (Grundbuch) or the list of shareholders of a GmbH. For example, a GbR can only be registered in the land register as the owner of, or as the holder of another right in, a plot of land if it is registered in the partnership register. This applies to all changes of rights in the land register that occur after 1 January 2024.

Despite the new rules, many GbRs have not yet reacted.