DiKE Das (kaufmännische) Unternehmen

A trade (enterprise) and a trade conducted in a commercial manner (commercial enterprise) give rise to the right or obligation to be entered in the Commercial Register. The registration (obligation) in turn is linked to numerous consequences such as the obligation to keep accounts, the ability to file for bankruptcy, commercial jurisdiction or even threats of sanctions. Despite their far-reaching significance and long-standing existence, the terms "trade" and "commercial nature" have remained blurred. This leads to persistent uncertainties in practice. Previous revisions of the law, such as most recently that of the Commercial Register Law, hardly brought any clarification. The present work offers a well-founded interpretation aid and concise definitions of terms. It is based on an in-depth analysis of the legislative history, case law and related terms. The work is completed with a prudent regulatory proposal in the area of registration and accounting obligations.