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Confirmation Statement
I need a confirmation statement for an annual general meeting, detailing the company's compliance with statutory obligations, including financial disclosures and shareholder resolutions, and confirming the reappointment of directors and auditors.
What is a Confirmation Statement?
A Confirmation Statement helps German businesses formally verify and document important facts or circumstances, often as part of legal or administrative processes. It's commonly used when dealing with government authorities, banks, or business partners to officially confirm specific details about a company's status, transactions, or compliance matters.
Under German commercial law (Handelsgesetzbuch), these statements carry legal weight and must be truthful and accurate. Companies typically need them for tasks like opening bank accounts, confirming ownership structures, or certifying compliance with regulatory requirements. The statement must include the date, relevant details, and authorized signatures to be valid.
When should you use a Confirmation Statement?
Use a Confirmation Statement when your German business needs to formally verify important facts for official purposes. Common scenarios include opening new bank accounts, confirming shareholding structures to authorities, or documenting significant company changes. Banks and government offices often request these statements during regulatory processes or major transactions.
This document proves especially valuable during time-sensitive situations like mergers, applying for licenses, or responding to official inquiries. German tax authorities and commercial registries (Handelsregister) frequently require Confirmation Statements to verify compliance with local regulations. Having one ready can significantly speed up administrative procedures and strengthen your position in business negotiations.
What are the different types of Confirmation Statement?
- Standard Business Confirmation: Basic version used for general corporate matters, ownership verification, and routine administrative procedures
- Bank Account Confirmation: Specialized format for financial institutions, focusing on account details and signing authority
- Regulatory Compliance Statement: Detailed version for government authorities, containing specific legal declarations and compliance confirmations
- Transaction-Specific Statement: Customized format addressing particular business deals, mergers, or acquisitions
- Tax Authority Statement: Targeted version meeting German tax office requirements, often including specific financial or ownership declarations
Who should typically use a Confirmation Statement?
- Company Directors: Primarily responsible for signing and verifying Confirmation Statements, especially for important corporate changes or regulatory matters
- Legal Counsel: Draft and review statements to ensure compliance with German law and protect company interests
- Financial Institutions: Request and rely on these statements for account openings, loans, or major transactions
- Government Authorities: Receive and process statements for regulatory oversight, particularly tax offices and the commercial registry
- Business Partners: Often require statements during significant deals, mergers, or joint ventures to verify key facts
How do you write a Confirmation Statement?
- Basic Information: Gather company details, registration numbers, and relevant dates for the statement
- Purpose Clarity: Define exactly what facts or circumstances need confirmation and for which authority or party
- Supporting Documents: Collect relevant corporate records, certificates, or evidence backing your statements
- Authorized Signers: Identify who has legal authority to sign under German law and gather their details
- Format Selection: Choose the appropriate template based on your specific needs - our platform provides legally-sound options
- Internal Review: Double-check all facts and ensure compliance with German documentation requirements
What should be included in a Confirmation Statement?
- Header Information: Company name, registration number, and registered address per German Commercial Code requirements
- Statement Purpose: Clear declaration of what facts or circumstances are being confirmed
- Legal Basis: Reference to relevant German laws or regulations supporting the confirmation
- Factual Details: Specific information being confirmed, with precise dates and relevant reference numbers
- Signatory Section: Full names and positions of authorized representatives, plus signature fields
- Formal Declaration: Statement affirming the truth and accuracy of all confirmed information
- Date and Place: Location and date of signing, as required by German documentation standards
What's the difference between a Confirmation Statement and a Disclosure Statement?
A Confirmation Statement differs significantly from a Disclosure Statement in both purpose and legal implications. While both documents serve important roles in German business communications, they function quite differently in practice.
- Purpose and Scope: Confirmation Statements verify specific facts or circumstances, while Disclosure Statements reveal important information about risks, conflicts, or material facts
- Legal Weight: Confirmation Statements carry direct legal verification power under German commercial law, whereas Disclosure Statements primarily serve to protect the disclosing party from liability
- Timing of Use: Confirmation Statements are typically used for immediate administrative or regulatory needs, while Disclosure Statements are often part of ongoing business relationships or transactions
- Content Requirements: Confirmation Statements focus on specific, verifiable facts, while Disclosure Statements need comprehensive information about potential risks and material information
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