New registration requirements for real estate civil law partnership (GbR)

The German Act on the Modernization of Partnership Law (MoPeG) fundamentally redesigns the GbR as an external company.

The MoPeG was published in the Federal Law Gazette on August 17, 2021 and will essentially come into force on January 01, 2024.

The MoPeG is accompanied by numerous changes in the wording of the law, which affect not only future new formations of partnerships, but also existing partnerships. In particular, the introduction of a company register is to be emphasized, which is to create publicity and transparency for the legally capable external company.

Entry in the company register will be required for particularly significant legal transactions such as the acquisition or disposal of real estate. Thus, if a GbR wishes to acquire a plot of land, it must now also be entered in the companies register prior to its entry as the owner of the land in the land register. For GbRs already entered in the land register when the MoPeG comes into force, there is initially no need for action. However, an entry in the company register must be made subsequently if an existing land register entry is changed, for example if the GbR wishes to sell the property or if there has been a change in the shareholder structure.

PBC Legal takeaways: If you are the owner or shareholder of a real estate GbR, we recommend that you already take the necessary actions under the MoPeG. Our team of lawyers will be happy to advise you on the necessary actions for your GbR and explain the new regulations of the MoPeG.