GRP Rainer LLP

Fictitious Name as a Company for Sole Proprietor

A fictitious name for the company of a sole proprietor should be possibly permitted.


Cologne, NRW -- (SBWIRE) -- 08/06/2013 -- GRP Rainer Attorneys and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg and Stuttgart explain: The Higher Regional Court Munich in its decision from November 8, 2012 (file ref. no.: 31 Wx 415/12) decided that the use of a fictitious name for a sole proprietor is not necessarily misleading. This decision also applies to those companies whose name is actually not registered as the official, legal name of company owner.

The local court responsible for registration of the company name into the commercial register had rejected the registration of the company name at issue into the commercial register. According to the opinion of the local court, an existing prohibition registration of misleading new names of companies had been in effect.

The Higher Regional Court Munich has now issued a decision counter to that. The register court must now carry out the requested entry into the commercial register. Also, unrelated company names, objective-based company names, and incorporated companies incorporated by legal persons or mixed form companies shall now be admissible. Therefore, using the name of someone actually non-existent should not lead to any relevant misdirection. It should be sufficient if the incorporated company name consisting of legal persons would contain any surname. Moreover, the use of the name of a fictitious person should be allowed which has no relation to the company, and this should not be constituted as misleading. For legal purposes, it should not be expected that the names of companies should provide information as to the legal name of its owner.

Commercial law is the special private law of merchants and business people. So, the law includes rules concerning the legal relations of the merchant to its business partners, as well as about competition and corporate relationships to other companies. In addition, also accounting and record-keeping obligations arise from commercial law.

A company is the name under which a commercial company conducts its business. Under the company name, the business person issues their legal signature and can sue and be sued. In the formation of a company, there is a strategic choice involved as to the selection of its name; therefore, there are some important topics to consider when selecting a company name.

An attorney experienced in commercial law provides extensive consultation on legal issues in the area of commercial law. On the one hand, an attorney ensures that both rights and obligations as a business person are clear; on the other hand, an attorney helps business persons enforce their legal and economic interests.

About GRP Rainer LLP
GRP Rainer LLP is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Phone: +49 221-27 22 75-0
click my link