The eGbR is coming - need for action, especially for real estate companies
The Act on the Modernisation of Partnership Law (MoPeG) comes into force on 1 January 2024. Essentially, this will adapt the German Civil Code to developments in case law. In recent decades, case law has carefully adapted the law of civil law partnerships (GbR) to the requirements of today's legal practice.
> Dezember 2023
Of particular practical importance is the introduction of a new company register in which the GbR can be entered. In legal transactions, it then appears as a registered civil law partnership (eGbR). There is no legal obligation to register. However, there is often a de facto obligation to register, as the GbR's capacity to act can only be maintained through registration.
Suppose entries concerning a GbR are to be made or amended in the land register or commercial register. In that case, the GbR must be entered in the company register from 1 January 2024. This also applies without restriction to companies existing before 1 January 2024. Property companies, in particular, must arrange for registration to remain capable of acting. We recommend arranging this early and not waiting until land register transactions are to be carried out.
In addition, the law amends a large number of regulatory areas that are typically addressed in the partnership agreement. This can lead to ambiguities. We therefore advise that existing partnership agreements be reviewed and, if necessary, adapted to the new legal situation.