Foreign producer without a German branch: Appointing an authorised representative
If you as a producer with an obligation to register do not have a branch in Germany, you must appoint an authorised representative to be responsible for fulfilling your legal obligations as a producer in Germany and who applies for the necessary registrations in your stead.
Any reliable and legally capable legal person with a branch in Germany can be an authorised representative. Only one authorised representative may be appointed for all brands and types of equipment from one producer.
By public ‘appointment’ of an authorised representative all the obligations according toof a producer without a branch in Germany are transferred to the domestic authorised representative chosen by the producer.
A valid appointment of an authorised representative must be in writing and in German, be valid for at least three months (§ 8 paragraph 1 clause 3 ElektroG) and contain especially the following contents:
- The exact name of the one that is to be appointed as authorised representative. This is fulfilled by submitting the information according to Appendix 2 number 1 ElektroG.
With natural persons additionally the place and date of birth must be submitted, as well as proof of residence in Germany (registration card or business registration).
With legal persons or partnerships the legal form and if available, a commercial register entry or business registration must be submitted.
- The exact name of the represented foreign company with details according to Appendix 2 number 1 and 2 ElektroG.
- Statement that the represented foreign enterprise is a producer according to § 3 number 9 a) to d) ElektroG, who has no branch within the validity scope of ElektroG.
- Confirmation that the producer has not appointed any other natural or legal person or partnership as an authorised representative according to § 8 paragraph 1 ElektroG.
- Obligation of the authorised representative to attend all the tasks of the represented foreign producer in his own name to fulfill its producer obligations.
- Declaration of consent of the authorised representative to attend to all the tasks in their own name to fulfill the foreign producer’s obligations as a producer.
- Time from which the appointment should start (if applicable ‘as of immediately’).
- The signature of both the represented foreign producer and the authorised representative, with statement of date and place. Hereby the signature line should contain both full name, as well as the position in the company, or respectively, a note on power of representation (i.e. ‘managing director’).
If all the legal preconditions are fulfilled (§ 8 paragraph 3 in connection with paragraph 1 ElektroG), the stiftung ear confirms the appointment of the authorised representative. As soon as this confirmation has reached both the authorised representative, as well as the represented foreign producer, the authorised representative can be registered as an authorised representative for this producer.
Authorised representatives with more than 20 valid registrations have to be approved latest as of 1st january 2023. The application for the approval as an authorised representative can be made in the ear-portal as of 1st oktober 2022.