Beweisfunktion

The Beweisfunktion of the commercial register refers to the public credibility and evidential value of the facts recorded there. According to § 15 HGB, any party in business transactions can trust that the company name, authorization to represent, registered office, legal form, or capital are reliably and currently represented. This legally established protection of trust provides companies, creditors, and investors with a high degree of legal certainty because register entries are considered public documents and thus provide full documentary evidence in legal proceedings. Those entering into contracts, conducting due diligence, or asserting claims can quickly gain certainty through an extract from the commercial register and significantly simplify their evidence. At the same time, the Beweisfunktion protects against misuse: false entries are punishable under § 9 HGB and can trigger claims for damages. Therefore, it is essential for notaries, lawyers, tax advisors, and compliance departments to regularly check register data and promptly report changes. In summary, the Beweisfunktion of the commercial register forms the foundation for transparent, secure, and efficient legal and business transactions—a valuable tool for all market participants who rely on valid corporate information.