Definition and legal classification of official deletion
Die Official deletion is a legally significant process in which an authority or registry court deletes a legal entry in a public register ex officio (i.e., without a corresponding application from an interested party). Official deletion is particularly relevant in German civil and administrative law, but is also applied in other legal systems. It concerns, among others, the commercial register, land register, association register, partnership register, and patent register.
The legal basis for official deletion varies depending on the register involved and is governed by various laws and regulations. The primary purpose of this measure is to correct, maintain order, and ensure the accuracy of the registers.
Legal basis for official deletion
Commercial register
In the commercial register, official deletion is governed in particular by §§ 393, 394 FamFG (Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction) and other special legal provisions. In principle, an entry in the commercial register can be deleted if it is inadmissible, incorrect, or has become obsolete, and no application has been made.
Examples of grounds for deletion in the commercial register
- The company no longer exists (for example, due to dissolution or full winding-up)
- Erroneous entry or mistake determined retrospectively
- Revocation of the appointment of a commercial power of attorney (Prokurist) in the registers
- Lack of succession arrangements for deceased sole proprietors
Land register
Official deletion in the land register is regulated in § 84 GBO (Land Register Code). Here, deletion ex officio is provided for when, for example, it has been proven that an entry is “incorrect” or that the legal basis for the registered right no longer exists.
Typical occasions for official deletion in the land register
- Owner is deceased and heirs have been clearly identified
- Cancellation of easements, mortgages, or land charges without any further legal basis
- Correction of obvious errors in inventory or ownership details
Association and partnership registers
In the association register, official deletion is carried out pursuant to § 29 BGB in conjunction with §§ 394 ff. FamFG, for example in the case of obvious actual dissolution of the association or if the entry was factually incorrect and this has been proven.
Process and procedure of official deletion
Initiation of the official deletion procedure
The procedure for official deletion can be triggered by third-party notices, control mechanisms of the registration authority, or by judicial review. The competent registry court (or registration authority) independently examines whether grounds for deletion exist.
Hearing and rights of the parties involved
Before deletion, the affected parties are generally given a hearing, particularly with regard to the principle of the right to be heard. This gives the parties concerned the opportunity to provide information or submit objections.
Execution of the deletion
After final review and, if necessary, evaluation of any statements received, the entry is deleted from the register. In most registers, the deleted entry is either italicized or marked with a note documenting that it once existed. This generally serves to ensure traceability and legal certainty.
Legal remedies against official deletion
Legal remedies against official deletion are regularly available according to the relevant provisions, such as an appeal to the regional court or through registration and deletion in the context of the registry’s complaints procedure.
Relevance of official deletion in different areas of law
Significance in commercial life
Official deletion is an important contribution to maintaining the accuracy of registers, thus fostering trust in the commercial register, association register, land register, etc. Especially for legal transactions, contracts, or succession, correct register management is essential.
Protection of public interests and acquisition in good faith
By correcting inaccurate entries, both the public interest in clear legal relationships and the private rights of third parties are protected. In the land register, for example, official deletion affects acquisition in good faith, as erroneous entries are to be avoided.
Consequences and effects of official deletion
Priority and effectiveness
Once carried out, official deletion is binding both on the parties involved and on third parties (publicity effect). The deleted entry is deemed to have ceased from the moment the deletion becomes effective. Depending on the register, this can also affect priorities in the land register or other registers.
Documentation and traceability
All official deletions are documented in the respective register so that it remains traceable which changes were made for what reasons. This traceability is of particular legal significance, especially in dealings involving the commercial and land registers.
Literature and further information
- Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)
- Land Register Code (GBO)
- German Civil Code (BGB)
- Commercial Code (HGB)
- Commercial Register Ordinance (HRV)
Summary
Official deletion is a fundamental legal instrument for ensuring the accuracy and clarity of numerous public registers. It is applied whenever an entry has become outdated, incorrect, or faulty in content and no external initiative is taken. The legal framework and procedural rules governing official deletion serve to protect legal and commercial transactions, as well as the interests of all parties affected and the general public.
Frequently Asked Questions
Who is entitled to apply for official deletion?
An application for official deletion is generally not made by the parties themselves but is initiated by the registration authority. According to § 394 FamFG (Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction), registry courts are obliged to examine ex officio whether an entry in the register should be deleted. However, anyone can suggest an official deletion, especially authorities, affected companies, shareholders, or third parties with a legitimate interest. A simple indication of an inaccuracy is sufficient to prompt further examination by the registry court. However, the decision to actually initiate the procedure and carry out the deletion lies solely with the registration authority, which acts independently and at its discretion.
What are the requirements for an official deletion?
For official deletion to be carried out, it is essential that an entry in a public register (such as the commercial, association, cooperative, or land register) has obviously become incorrect — for example, due to a change in the registered facts or due to subsequent discovery of defects, such as an invalid registration. The registration authority must determine this inaccuracy independently and beyond doubt. Deletion cannot be carried out if there is only doubt or uncertainty regarding the inaccuracy. It is essential to examine whether overriding protective interests of third parties – for example, bona fide acquirers – are affected, as deletion would otherwise be impermissible. In individual cases, special statutes such as § 395 FamFG must also be observed, which may exclude official deletion proceedings under certain circumstances.
How does the procedure for official deletion work?
The procedure for official deletion is, as a rule, non-contentious and carried out ex officio in accordance with the principles of the right to be heard as per § 393 section 2 FamFG. Upon notice of a potential inaccuracy, the registration authority examines the facts and regularly involves the affected persons or companies to allow them the opportunity to comment. If the inaccuracy is determined, a hearing is conducted first; thereafter, the registry court decides by order on the deletion. An appeal against the deletion order is admissible, offering the parties legal protection against potentially unjustified deletion. A separate application or legal action is not required; the procedure is therefore at the administrative law level.
Are there any deadlines to be observed for official deletion?
The law generally does not provide for fixed deadlines for official deletion; it is always possible if the entry has demonstrably become incorrect and there are no overriding third-party interests. Therefore, the initiation of official deletion can take place many years after the original entry. Exceptions may exist if special limitation or exclusion periods apply – for example, in land register law, where bona fide acquisition of ownership has occurred and protection for such acquisition prevails after certain time limits. The specific deadline situation thus depends very much on the register in question and the relevant area of law.
What are the consequences of official deletion for those affected and for third parties?
The legal consequence of official deletion is the complete removal of the incorrect register entry ex tunc, that is, retroactively to the time the original entry was made. Claims and legal positions based solely on the incorrectly registered fact expire retroactively upon deletion. Persons affected receive a note of deletion in the register, but are not protected from compensation claims by third parties if these suffer damage as a result of the deletion. Protection of bona fide third parties is regulated in particular in real estate law by special provisions, so that official deletion may be precluded if third-party rights have been created irrevocably.
Can an official deletion that has been carried out be reversed?
An official deletion that has already been completed can generally not be reversed without further ado; it creates a new legal status. If new facts or evidence arise after the deletion showing that the earlier inaccuracy did not exist, a new application for registration is the only remedy, for which all general requirements for a register entry must be met again. In addition, in the event of procedural errors (e.g., lack of hearing or other infringements of the right to be heard), the deletion order can be challenged by way of appeal, provided that the time limits and requirements of the appeal procedure are met.
Are there costs incurred through official deletion?
Unlike voluntary applications, the procedure for official deletion generally does not incur court fees for the affected persons, as the deletion is carried out in the public interest. However, the fee schedule to the Court and Notary Costs Act (GNotKG) contains exceptions for certain special cases, particularly in proceedings under special register provisions or if the parties have caused the deletion through incorrect information. Notary costs generally only arise if the involvement of a notary is required for the procedure, which is usually not the case in official deletion proceedings.
