Registrability

In German registry law, registrability refers to the fundamental possibility of voluntarily having a certain fact entered into a public register—usually the commercial register—even though there is no statutory obligation to do so. Registrable facts are explicitly recognized in the German Commercial Code (HGB) or through established case law. Typical examples include the registration of an agricultural business under § 3 HGB, whereby the business becomes a 'merchant by registration' with the register entry. In contrast, the granting of a power of attorney is considered non-registrable and therefore does not appear in the commercial register. Registrability ensures increased publicity, legal certainty, and protection of commercial transactions, as third parties may rely on the register's content. Companies use it to transparently document their legal relationships—such as relocation of headquarters, legal form suffix, or employee representatives on the supervisory board. A prerequisite is an application for registration at the competent registry court, which must be certified by a notary.