«Статус Европейской конвенции относительно учреждения компаний (ETS N 57) (Страсбург, 20 января 1966 года)» [рус., англ.] (по состоянию на 24.01.2011)

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Notes: a: Accession - s: Signature without reservation as to ratification - su: Succession - r: Signature "ad referendum".
R.: Reservations - D.: Declarations - A.: Authorities - T.: Territorial Application - C.: Communication - O.: Objection.

LIST OF DECLARATIONS MADE WITH RESPECT TO TREATY No. 057

EUROPEAN CONVENTION
ON ESTABLISHMENT OF COMPANIES

Status as of: 24/1/2011

Germany:
Declaration made at the time of signature on 5 November 1968 - Or. Engl.
1. Authorization to carry on a trade
Section 12 of the Trade and Industry Code (Gewerbeordnung) as amended on 13th August 1965:
Foreign juristic persons require authorisation to carry on a trade. Such authorisation is normally granted if reciprocity is guaranteed and if the foreign juristic person fulfils the same requirements regarding the amount of capital as must be met under German law by comparable German juristic persons.
2. Business accountancy and auditing
Section 27 and Section 130 (2) of the Business Auditing Regulations of 24th July 1961:
Only German joint stock companies and partnerships may be authorised as business auditing companies.
3. Tax consultancy
Section 16 of the Tax Consultancy Act of 16th August 1961:
Only German joint stock companies may be recognised as tax consultancy companies.
4. Bookmaking
Section 2, paragraph 1, 2nd sentence, of the Racing and Lotteries Act of 8th April 1922:
Foreign juristic persons may not be granted authorisation.
5. Inns, restaurants and guesthouses; retail trade in liquor; ice-cream parlours
Section 1 (2) of the Catering Act of 28th April 1930 and Section 2 of the Ordinance of 16th July 1934 on Ice-Cream Parlours:
Foreign juristic persons may be denied authorisation if the need for the proposed undertakings has not been proved.
6. Retail trade in non-precious metals
Section 2 (2) of the Non-precious Metals (Trading) Act of 23rd July 1926:
Authorisation can be denied if proof of need is not furnished. According to its wording, the Act applies equally to foreign and national companies. As, however, with regard to German companies it may no longer be permissible under Article 12 of the Basic Law for the Federal Republic of Germany to examine the need - a question which has not been finally clarified -, the present provision is included as a precautionary measure.
7. Industrial manufacture, finishing and repair of firearms and ammunition, as well as traffic in firearms and ammunition
Section 10 of the Ordinance to implement the Firearms Act of 19th March 1938:
Foreign juristic persons may not be granted authorisation to manufacture or trade in weapons; however, exemptions may be permitted under Section 3 (3) of the Firearms Act.
8. Branch establishments of foreign credit institutes
Section 53 of the Banking Act of 10th July 1961:
Foreign credit institutes may be denied authorisation to open branches if there is no need for them. Since the registered office is in a foreign country, at least one natural person having his domicile in Germany must be appointed as being authorised to conduct business and represent the institute.
9. Foreign insurance companies intending to carry on an insurance business in Germany through representatives, attorneys, agents or other intermediaries
Section 105 and seq. of the Law of 6th June 1931 concerning Supervision of Private Insurance Companies and Building Societies:
The authorisation may be denied or withdrawn at discretion. The foreign insurance company must maintain an es

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