The enterpreneur registered in the Commercial Register is obliged to undertake legal actions under the name of his company, i.e. under his business name.
An entrepreneur can change the company‘s name at any time if he deems it appropriate or necessary. A necessary condition for the change of the company name is to change the Articles of Association.
The change of the Articles of Association is subject to the decision of the General Meeting. A valid decision of the General Meeting of the company on an amendment to the Articles is the basis for submitting a proposal for the registration of a change of the company name in the Commercial Register to the competent court.
Change of the company‘s name is effective from the date of registration in the Commercial Register. Until the new company name is registered in the Commercial Register, the company acts under its "old" business name.
The competent registry court is obliged to take action and within 15 days from the filing of the application decide on the matter. It is important to distinguish between a court decision to permit the registration and the actual execution of the registration. The competent court performs the entry within 10 days after the date when the decision to authorize the registration took effect.
When changing the name of a company, it is important to keep in mind that a business name must not be identical or interchangeable with another business name and must not be misleading.
Steps for changing the name of the company
- Detailed research of existing business firms in the Commercial Register
- Amendment of the company's Articles of Association
- Decision of the General Meeting to amend the Articles of Association
- Proposal for registration of change of the company‘s name in the Commercial Register
- Notification of the change of the company name to the relevant Trade Licensing Office and Tax Office
- Notification of the change of the company name to the competent social security administration and health insurance provider
- Notification of change of the company name to the relevant cadastral office and the Office of Industrial Property
- Labeling the premises with the new company"s name
- Reflecting changes to all business documents (orders, invoices, business letters ...)
- Notification to banks, service providers, business partners and at the discretion of other competent authorities (e.g. the Office for Personal Data Protection, etc.)
The change of the business name must have the form of a notarial deed.
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