Disclosure vs. deposit: what is the difference?
Disclosure and deposit are two different obligations at the Unternehmensregister. Both concern accounting documents, but differ in visibility, addressee and document scope.
The core difference
In disclosure, accounting documents are made publicly accessible – they are visible to everyone and serve transparency towards creditors and the public.
In deposit, the documents are only filed and are not publicly visible. Access is instead only possible for authorised persons against a fee.
Both are obligations at the Unternehmensregister, but they address different information needs.
Who falls into which path?
Which obligation applies depends on the legal form and size of the company. Size and legal form also determine which specific data must be disclosed.
Medium-sized and large capital companies (e.g. GmbH, AG) must disclose. Small capital companies can often use simplified or shortened presentations; for micro capital companies, deposit is regularly an option.
Capital-market-oriented companies have more extensive obligations and shorter deadlines.
Visibility and access in practice
Disclosure means: the documents can be retrieved by anyone in the Unternehmensregister without special authorisation.
Deposit means: the documents are filed but not freely accessible. Access is only possible for authorised users against a fee – for example, for business partners with a legitimate interest.
Even with deposit, business partners retain the option to inspect the documents if they have a corresponding interest.
| Feature | Disclosure | Deposit |
|---|---|---|
| Visibility | Public, for everyone | Only for authorised persons |
| Purpose | Transparency towards public and creditors | Lower administrative burden for micro capital companies |
| Access | Without special authorisation | Subject to a fee, for authorised persons |
Which documents are affected?
Typical documents are annual accounts (balance sheet, P&L, notes), management reports, group accounts and other communications and reports to be submitted to the Unternehmensregister.
Which documents must be submitted and to what extent depends on company size. Simplifications and shortened presentations can be used if the size criteria permit.
Submission and costs
For financial years beginning after 31 December 2021, accounting documents must be submitted via the Unternehmensregister. XML is the relevant submission format.
Which statutory fees and conversion-related costs apply depends on company size and submission format.
Without liability. Not legal advice. Verify binding requirements with the competent bodies or a qualified legal and tax advisor.