Germany's Partnership Law Reform (MoPeG) Takes Effect January 1, 2024
A significant reform of German partnership law, the MoPeG, will come into effect on January 1, 2024. The "generational reform" modernizes centuries-old regulations and introduces a new registry for civil law partnerships (GbR).
Germany's partnership law is set for a major overhaul with the introduction of the Law on the Modernization of Partnership Law (MoPeG), effective January 1, 2024. This comprehensive reform, described as a "generational reform," updates extensive legislation, including significant changes to the German Civil Code (BGB).
The MoPeG aims to align the law with decades of case law and judicial development while introducing new features. A key innovation is the establishment of a new "Gesellschaftsregister" (company register) for civil law partnerships (Gesellschaft bürgerlichen Rechts, GbR). This registry is intended to enhance transparency and legal certainty by providing a reliable means to prove a GbR's existence, identity, and representation.
While registration in the Gesellschaftsregister is voluntary, it becomes practically mandatory for GbRs seeking to acquire or dispose of certain rights. For instance, registration is required for a GbR to be entered into the land register, ship register, or to be listed as a partner in a GmbH or shareholder in an AG. Registered GbRs must append "eingetragene Gesellschaft bürgerlichen Rechts" or "eGbR" to their name.
The reform also opens up possibilities for registered GbRs to undergo restructuring under the Transformation Act (Umwandlungsgesetz) and to elect an administrative seat separate from their registered office. Existing partnerships are advised to review their articles of association to ensure compliance with the new provisions. Potential delays in the registration process are anticipated during the initial phase.