Category

German Corporate Law

Business in GermanyBusiness Tax & Fiscal ObligationsGerman Corporate LawStarting Business

Establish a German Limited Company (GmbH): FAQ and Checklist

If you wish to establish a German Limited Company (Gesellschaft mit beschränkter Haftung, in short: GmbH) from abroad, you will probably not get very far without the assistance of experienced professional service providers. For more than 10 years the German law firm Graf & Partners advises and assists foreign shareholders and company directors on how to: establish a German company or subsidiary, buy a German company or open a branch office or engage a fiduciary…
Bernhard Schmeilzl
August 7, 2013
Business in GermanyGerman Corporate LawStarting or Expanding BusinessTrustee & Escrow Services

Buying a German Company: A quick Checklist

How to acquire a German Business In case you think about buying or merging with an existing German enterprise there are many legal and tax aspects to consider (for the formation of a new Germany company see here). Below we have compiled a few issues from the perspective of a German lawyer that may be of interest for a potential buyer: What kind of legal entity is the target company? There are various legal forms…
Bernhard Schmeilzl
May 13, 2013
Business in GermanyBusiness Tax & Fiscal ObligationsContract TemplatesGerman Corporate LawGerman Labor LawStarting BusinessStarting or Expanding Business

Checklist: Formation of a German Company. And then what?

Setting up a German Limited Liability Company and everything that comes with it The most popular company form in Germany is the "Gesellschaft mit beschränkter Haftung" which translates "company with limited liability". We explain the formation process here (see PDF guideline) and provide a sample set of documents (articles of association, statutes etc.) here. If you have decided to set up a German subsidiary or register a branch office of your existing company in Germany,…
Bernhard Schmeilzl
October 17, 2012
Business in GermanyGerman Corporate LawGerman LawStarting Business

What is a GmbH? The German Limited Liability Company explained

Checklist for your Startup in Germany "Gesellschaft mit beschränkter Haftung" (in short: GmbH) means Limited Liability Company. It is the most popular company form in Germany and protects - as long as the legal rules are being obeyed - its shareholders from any personal liability. For an overview of German company forms see here. However, in contrast to most other EU member states, there is still a hefty minimum capital requirement of 25,000 Euro, half…
Bernhard Schmeilzl
October 4, 2012
Business in GermanyGerman Corporate LawGerman LawProfessional Regulations

What is a German “Civil Law Notary”?

And what are their Fees? When you engage in business in Germany you will sooner or later encounter a so called "Notar". These civil law notaries are neither judges nor attorneys, but something in between. German law (for example in Sec. 311.b.(1) Civil Code) requires the intervention of a notary in cases of important transactions with long-term effects and a particular economic or personal significance for the parties concerned, e.g. real property transactions, establishment of…
Bernhard Schmeilzl
June 16, 2012
Business in GermanyGerman Corporate LawGerman Labor Law

Guide for doing Business in Germany

Practical tips and helpful websites The following websites and brochures may prove helpful if you plan to do business in Germany or with German commercial partners: .Germany Trade and Invest (www.gtai.de) is the foreign trade and inward investment agency of the Federal Republic of Germany. Its mission is to promote Germany as top location for industrial and technological investments and to identify investors for the German market. The organization advises and supports foreign companies seeking…
Bernhard Schmeilzl
June 15, 2012
German Corporate LawGerman Law

Company Forms in Germany: An Overview

Which legal entity is best for your German business? Foreign companies may, of course, do business in Germany. Company forms from another EU country may even have their seat in another European country. Thus, legally, there is no strict necessity to establish a national company under German rules. However, there are many good reasons to found an “original” national company, when someone wants to engage in business activities within Germany. If only because customers and…
Bernhard Schmeilzl
June 12, 2012
Business in GermanyGerman Corporate LawGerman Law

How to incorporate a German Limited Liability Company (GmbH)

Chosing the right company structure is the first step of starting your German business Make sure you opt for a German company form which does ideally meet your needs. Some of the central criteria for making the right choice are: do you need protection from personal liability? what business entity triggers the least costs and the least organisational hassle? do you plan to sell the business in the foreseeable future? The most suitable form of…
Bernhard Schmeilzl
June 11, 2012