Frequently asked questions

• What administrative procedures can be managed via the Point of Single Contact in the State of Brandenburg (EAPBbg)?
• What to do if my concern does not fall within the scope of the EU Services Directive and cannot be conducted via the EAPBbg?
• What procedures cannot be managed via the EAPBbg?
• Do I need to register my company in the Commercial Register?
• What regulations do I have to consider as a merchant?
• I have received an electronically signed document of a public body. How can I get information about the e-signature?

What administrative procedures can be managed via the Point of Single Contact in the State of Brandenburg (EAPBbg)?

Pursuant to the EU Services Directive (2006/123/EC) the EAPBbg enables service providers to collect all relevant information and to complete administrative procedures and formalities needed for access to and exercise of their service activities in the state of Brandenburg, including at a distance and by electronic means. This particularly applies to notifications and applications for licenses, approvals and permits, including registration procedures for professional/public registers or data bases and professional associations.

Moreover, the EAPBbg offers services concerning the recognition of professional qualifications according to the Professional Qualifications Directive (2005/36/EC).

The EAPBbg will not interfere with the responsibilities of the competent authorities. It rather acts as an intermediary and will therefore not issue the relevant permits (etc.) itself.

What to do if my concern does not fall within the scope of the EU Services Directive and therefore cannot be conducted via the EAPBbg?

At first, please contact the EAPBbg. We would like to get detailed information about your concern. If it does not fall within the scope of the EU Services Directive, it is possible to complete the procedures relevant to your business activity directly with the competent authorities (for example registering a business). The EAPBbg will give you further information.

What procedures cannot be managed via the EAPBbg?

The Federal State of Brandenburg is pursuing a one-to-one implementation of the EU Services Directive. According to this, for the following services and issues the EAPBbg is not responsible for:

• Non-economic services of general interest;
• Financial services, such as banking, credit, insurance and re-insurance, occupational or personal pensions, securities, investment funds, payment and investment advice;
• Electronic communications services and networks, and associated facilities and services, with respect to matters covered by other regulatory acts;
• Services in the field of transport, including port services, falling within the scope of Title V of the Treaty;
• Services of temporary work agencies;
• Healthcare services whether or not they are provided via healthcare facilities, and regardless of the ways in which they are organised and financed at national level or whether they are public or private;
• Audiovisual services, including cinematographic services, whatever their mode of production, distribution and transmission, and radio broadcasting;
• Gambling activities which involve wagering a stake with pecuniary value in games of chance, including lotteries, gambling in casinos and betting transactions;
• Activities which are connected with the exercise of official authority (e. g. police);
• Social services relating to social housing, childcare and support of families and persons permanently or temporarily in need which are provided by the State, by providers mandated by the State or by charities ecognized as such by the State;
• Private security services;
• Services provided by notaries and bailiffs, who are appointed by an official act of government;
• The field of taxation;
• Working and employment conditions;
• Non-profit making amateur sporting activities;
• Requirements, such as road traffic rules, rules concerning the development or use of land, town and country planning, building standards as well as administrative penalties imposed for non-compliance with such rules which do not specifically regulate or specifically affect the service activity but have to be respected by providers in the course of carrying out their economic activity in the same way as by individuals acting in their private capacity.

Do I need to register my company in the Commercial Register?

Merchants need to register in a public list, the Commercial Register, in the competent District Court. Whether you are a merchant or not depends on the legal form and - in case you are a sole proprietor - on the size of your business.

Businesses with the following legal forms are, in any case, commercial enterprises:

• Corporations (Limited liability company (GmbH), stock corporation (AG))
• General Partnership (OHG)
• Limited Partnership (KG)
• GmbH & Co. KG

Small businesses do not need to register in the Commercial Register. The regulations of the German Civil Code are applicable to them. For information on the advantages and drawbacks of commercial enterprises please contact your Chamber of Commerce.

What regulations do I have to consider as a merchant?

The legal basis is the Commercial Code (HGB). By registering in the Commercial Register, you assume all the rights and obligations of a merchant. Merchants are obliged to run trading books, to carry out inventories and run balance sheets. Your commercial correspondence must indicate the name, the registered head office and the registry number.

I have received an electronically signed document of a public body. How can I get additional information about the e-signature?

According to the signature law, the qualified electronic signature represents the digital counterpart to the personal signature. It can be used, for example, in the case of electronically generated decisions of authorities which are sent by email.

If you are recipient of a file with a qualified electronic signature (e.g. an electronically signed fee notification of a Trade Office in PDF format), you can easily obtain information on the embedded signature (editor, validity, holder) via the free software programme “Open Limit Reader” or any other appropriate verification software. You must download the programme (e. g. here) and install it on the computer. Then you are able to examine and check the file with the PDF viewing programme (e. g. Adobe Reader, Foxit Reader). For more details please check the help function of your PDF Viewer and the signature verification software.

In case of problems please contact us for help.