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Exemption from section 181 BGB

By the e-handelsregisterauszug.de editorial team · Published · Reviewed

Section 181 BGB concerns transactions in which a representative also acts personally or represents another party. An exemption can permit such transactions within its authorised scope.

Meaning and context

Self-contracting can occur when the same person acts for a company on one side and personally on the other. Multiple representation concerns acting for both parties to a transaction.

What the documents show

An exemption differs from sole authority to represent. Being exempt from section 181 does not automatically allow someone to represent every company alone. The registered wording may distinguish different categories of transaction.

Research tip

Read the exemption with the general representation rule. A particular contract also requires consideration of the parties, people and scope of their powers. An isolated register note cannot answer all those questions.

Related reading

Authority to represent a GmbH

Managing directors and representation rules: what to look for when reading a German company register extract.