Foundation of a Company

Do you plan to found a company in Germany?

If you are planning to become active in the German market, you have to be aware of manifold issues, including legal requirements.

The most common possibility to step into the German market is to found a company in Germany. To smoothly scope with this challenge, we support, inform and advise you in planning and realizing your ambition.

The favorite legal form of company in Germany is the GmbH. It is comparable for example with the Spanish SL, the French Sàrl, the Dutch BV and the Private Limited Company (“Ltd.”) in Great Britain. The basic points for founding a GmbH are the Shareholders, the nominal capital and the Managing Director. Shareholders can be natural persons as well as legal persons. The necessary number of shareholders ranges from one to infinite number. Neither nationality nor residence are decisive factors for being a shareholder. The nominal capital of a GmbH has to amount to a minimum of € 25.000.-. If you found the company by cash, it is sufficient to pay in half (€ 12.500.-) to be registered in the commercial register. The payment has to be verified by bank statement towards the registration court. Each GmbH needs to have at least one Managing Director, who has to be registered in the commercial register. The nationality is not decisive. But you have to be aware of the rights and duties that come up to you as Managing Director.

Beginning with the arrangement of the single founding processes, we advises you in all regulations you have to observe in Germany (e.g. minimum capital, company name, required permits, certifications), we prepare Articles of Association, Shareholders` resolutions as well as Managing Director`s service agreements and support you in filing an entry into the commercial register. Besides, we coordinate all necessary steps with the notary. Subsequently we draw up respective company agreements, employment contracts for your staff as well as terms and conditions (to name just a few examples). Thus you are able to completely focus on your business. We particularly support in respect of:

  • Choice of legal form
  • Articles of association, company agreements
  • Managing director`s service agreement
  • Liability of managing directors
  • Appointment and revocation of managing directors
  • Managing directors` by-laws
  • Power of procuration, commercial power of attorney
  • Shareholders` resolutions
  • Agreements with employees and freelancers, terms and conditions