A simple request for access to the corporate directory and its consequences ...
In a business book to me personally as a judge letter addressed writes Peter R **:
Once the register of companies was truly free and accessible to everyone. Now this is only apparently and obviously things have changed:
is freely available, it only until 2005 - until then, the computerized records (book) records updated, then. And (you may view the computer's not!) A written statement for the period beyond 2005 will cost € 10, --. Costs by introducing's "Hintertürl" and therefore only pseudo-freedom!
In my case (for, what I want to know [who is currently on the W ** I ** GesmbH capital owners with name and mailing address?] Would be € 10, - but really totally inappropriate), these costs do not stand for it!
I urge you to give me the requested information (return postage is enclosed about € 0.55)!
With thanks and best regards Peter R **
now swings in that letter, a discomfort or a revolt by the fact that the assessment or levying of fees, access to justice is limited, or should be. Whether this risk even by levying a fee of € 10, - will be implemented to create a business book excerpt, I leave undecided.
I would just show that I have this informal information in the required form may not even exist:
According to § 9 para 1 UGB everyone is entitled to inspect the general ledger and in the document collection for documents lodged. According to § 9 para 2 of the entries in the UGB may ledger and the collection of documents for documents produced extracts (prints) are required.
According to § 33 par 1 FBG is the insight into the general ledger (§ 9 UGB) grant by printing (commercial register extracts) the insight into the collection of documents submitted documents by printouts of such documents shall be granted (§ 33 para 2 FBG). Upon request, the court short messages over the recorded documents in the collection of documents to give oral, and instead, a corresponding access to the collection of documents are provided with the assistance of appropriate technical devices (§ 33 para 2a FBG).
According TP 10 D III. GGG is the court fee for copies from the general ledger of the company's book, on either party shall, at their request, for every 850 lines or part thereof € 10, --. According
note 20 to TP 10 GGG may be handed excerpts from the general ledger of the company's book until the fee is taught in this regard.
in the letter requested information arising from the general ledger the corporate book. To access this information, therefore, the insight into the general ledger in which must be issued in § 33 par 1 FBG regulated manner. As the result that the fees claim of the Republic according to TP 10, neither the staff nor the book departments of the companies business directory judge without prior provision of this fee to pass on the information. As this Republic in its right to impose the court's fee would be reduced, such a disclosure would be through a judicial body even criminal law (§ 302 StGB).
It can lament it though, the appropriate addressee of this could, however, the legislature and not the executive organs.
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