Section 59 – Requests

(1) A request under Section 58 shall be filed directly with the register authority. Only legal representatives may file the request on behalf of the corporation. The person filing the request may not be represented by an authorized representative.

(2) The request may be made in writing with an officially or publicly certified signature or electronically. The applicant must prove his identity and his power of representation.

(3) If the request is submitted electronically, it shall be submitted to the register authority (www de)[1] using the access offered on the internet. The electronic proof of identity pursuant to Section 18 of the Identity Card Act, pursuant to Section 12 of the eID Card Act[2] or pursuant to Section 78 (5) of the Residence Act shall be kept. In doing so, the electronic storage and processing medium of the identity card, the eID card[3] or the electronic residence permit must be transmitted to the registration authority:

1. the data pursuant to Section 18 (3) sentence 1 of the Identity Card Act, pursuant to Section 12 (3) sentence 2 of the eID Card Act[4] in conjunction with Section 18 (3) sentence 1 of the Identity Card Act or pursuant to Section 78 (5) sentence 2 of the Residence Act in conjunction with Section 18 (3) sentence 1 of the Identity Card Act, and

2. surname, maiden name, first names, place of birth and date of birth, nationality and address.

If the electronic storage and processing medium does not permit the transmission of the maiden name, the maiden name must be stated in the request and proof must be provided. For data transmission, a secure procedure corresponding to the respective state of the art shall be used to ensure the confidentiality and integrity of the electronically transmitted data set. Proof of identity must be submitted electronically at the same time as the request, and its authenticity and correctness in terms of content must be affirmed on oath. In case documents are to be submitted, the register authority may in individual cases require the original to be submitted. Further details of the electronic procedure are regulated by the register authority.

 

[1] The insertion of an internet address should be reserved in case the address is known before the pronouncement.

[2] The Act on a card for citizens of the Union and members of the European Economic Area with the function of electronic proof of identity (eID Card Act – eIDKG) will enter into force on 1 November 2020, see article 6 (1) of the draft Act on the introduction of a card for citizens of the Union and members of the European Economic Area with the function of electronic proof of identity and amending the Personal Identity Card Act and other regulations of 21 November 2020. June 2019, Federal Law Gazette I p. 846, amended by article 154a of the Second Act to Adapt Data Protection Law to Regulation (EU) 2016/679 and to Implement Directive (EU) 2016/680 (Second Data Protection Adaptation and Implementation Act EU – 2nd DSAnpUG-EU), Bundestag document 19/11181, not yet announced.

[3] see previous footnote above

[4] see previous footnote above