News: Registration of company in Germany AG

Registration of companies in Germany

Company Law & Trust International offers a range of services for registration of companies in Germany. Members of our stuff are responsible for the following:

1. Issuing invitations for obtaining a visa which is necessary for legal stay of business founders in the territory of Germany, as well as subsequent visit of the country.
2. Preparation of a package of documents. Lawyers ensure registration of companies in Germany by collecting all the necessary documents, the list of which is compiled on an individual consultation with a client.
3. Opening an account at a German bank. Each company must have the basis of the authorized capital, which is transferred to bank account in Germany. While applying it is necessary to collect the relevant package of documents.

Using services of company Law & Trust will allow you to avoid mistakes during the registration of the offshore company in Germany.

Registration of company in Germany: Legal aspects

Choice of organizational and legal form of business

In case the client is the resident or the citizen of Germany, our company offers the opportunity to register such type of company as "association". If the client is the citizen of another State, and is not the German resident, he/she may register a Gesellschaft mit beschränkter Haftung (analogue of LLC) or Aktiengesellschaft (JSC).

Gesellschaft mit beschränkter Haftung

Registration of such form of business in Germany is regulated by the Gesetz betreffend die Gesellschaften mit beschränkter Haftung. It is special law, in which the main document is a memorandum of association. The client is entitled to choose the name of his own company personally, but the presence of the abbreviation GmbH therein is obligatorily.

Minimum amount of authorized capital should be 25,000 euros. In case the company in Germany has two or more founders, half of the stated sum is possible to be inserted. The rest of the sum shall be paid within the first year of operation of the company. Offshore company in Germany requires the presence of manager, who can be either citizen of Germany or non-resident.

Aktiengesellschaft

German analogue of the joint-stock company is registered under the rules of Aktiengesetz. The law regulates not only the establishment of business, but also its further activities. The name should fall under the statute of Chamber of Commerce of Germany and contain the AG abbreviation.

Minimum initial capital of business shall be 50,000 euros, a quarter of the sum should be paid while registering the company. For establishment of company the presence of one or several shareholders, one manager and three members of the supervisory commission is necessary.

Among general conditions for registration of both types of organizational and legal forms of business, there can be distinguished the necessity for the founders to move on the territory of Germany, and in view of this they will be granted with business visas, and subsequently the residence permits.

Business in Germany: documents for registration

1. In order to register a company in Germany, it is necessary to provide information about the directors and founders of the company. Personal information includes: full name, date of birth, place of birth, official place of residence, as well as series and passport numbers.

2. If formation of the company in Germany is performed by a legal entity, collection of the statutory documents of the existing business will be required.

3. Business in Germany requires mandatory contribution of the authorized capital before submitting the application the information concerning the amount of contribution and the level of distribution of financial shares among founders should be transmitted. In order to prove successfully passed payment of the capital an additional document will be required.

4. The Chamber of Commerce can reject the name of the company if it does not comply with the rules. In view of this factor several variations of the name of the offshore company in Germany should be prepared.

5. Address reference from the place where the head office is planned to be.

6. When registering company in Germany, you must specify the type of activities of the company.

Business registration period in Germany shall not exceed 8 weeks from the date of submission of application and set of documents. Duration of consideration of the documentation depends on the region of application as well as organizational and legal form of the company. Lawyers of Law & Trust will help you to organize business in Germany correctly and then will provide legal and accounting support according to your desire.

Acceptance of applications is carried out both in the office or remotely. Consultations for regular and new clients are free. Offshores in Germany are not established, the registration of an offshore company in Germany is prohibited in terms of legislation.