Open new company

German legislation allows foreign citizens to register a business in the country. And since Germany has a high level of stability in the field of economy and business development, investors from all over the world take advantage of this opportunity – managing a company in a prosperous and highly developed state is the goal of any business person. At the same time, GmbH in Germany is the most popular legal form of enterprise in 2024.

Open new company

Varieties of legal forms in Germany

Although foreign citizens are allowed to start a company in Germany, residents of the country have more options regarding the choice of legal forms of enterprises. Thus, residents of Germany have the right to register:

  • A personal society (Personengesellschaft) is an association of individuals and legal entities that is not itself a legal entity, has limited legal capacity, and is an association of fully legal persons.
  • A capital company (Kapitalgesellschaft) is a legal entity based on the association of the founders’ capital and created with the mandatory contribution of authorized capital.
  • A private enterprise (Einzelunternehmer) is a business organization represented by a single individual on whose behalf the economic activity is carried out and on whom all responsibility is assigned.

The following legal forms are available to foreigners, relating exclusively to the category of capital (share) companies – legal entities:

Benefits of doing business

Open new company in German provides the owner of the organization with such opportunities as:

  • Entering the European market.
  • Possibility of obtaining a residence permit in this country. Moreover, it is worth noting that not only the campaign’s owner but also his family members have the right to obtain citizenship and a residence permit.
  • Possibility to obtain a business visa for one month to one year.

It is worth noting that the person registering the company is not required to reside permanently in Germany. He can manage his business even from another country.

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Deadlines for registering an LLC in Germany

Starting for opening a company in Germany usually takes 1 to 2 months. Opening a bank account usually takes only one day, and the notary reviews the necessary documents also within one day. The final deadline for obtaining a registration number depends on the district court and its workload. Usually, this procedure takes no more than two weeks, although sometimes it may take longer—up to 3-5 days.

After successfully opening the company, the founders can demand compensation for expenses from their own LLC for payment of customs and legal services. These expenses can be reimbursed and do not exceed 10% of the company’s authorized capital.

Deadlines for registering an LLC in Germany

Various ways to start a business in Germany are available to entrepreneurs

Purchase of a ready-made business or registered company. Although this process is somewhat more straightforward, it is significantly more expensive since purchasing a registered limited liability company, one of Germany’s most popular business forms, requires at least 33 thousand euros. In addition, a ready-made business can cost 50 thousand euros or more.

To buy and start a business, an entrepreneur needs:

1draw up a business purchase and sale agreement
2have such an agreement certified by a notary. The list of notaries of the federal states can be selected on the official website
3send copies of documents to the Trade Register and the tax service at the place of registration

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Important things to consider when opening a company

Before starting a company in Germany choose the name of a company with the form of ownership GmbH, it is better not to use generally accepted terms or proper names (only if there is no director or shareholder with that name). Also, you cannot use the Cyrillic alphabet.

To make sure that the chosen name does not coincide with existing companies, you can check it through the German Federal Patent Office database or on the Federal Trade Register portal on the Internet. This will reduce the number of visits to the Chamber of Commerce and Industry to a minimum.

The company name must contain the form of ownership (for example, GmbH) and be in German; if the title is in another language, a translation must be provided.

The company’s activities can be focused on any type of business, except certain restrictions established by law. For example, certain restrictions apply to open new companies in the fields of money, healthcare, and other regulated areas.

National tax system and employee legislation. For example, in Germany, there are high standards of social protection for workers, which can affect the cost of labor and the company’s profit level.

 

Important things to consider when opening a company

Faq

Foreign citizens can open a company in Germany by choosing from various legal forms, with the most common being the GmbH (limited liability company) or UG (simplified GmbH). The process involves drafting necessary documents, registering with the Trade Register, and fulfilling capital requirements. It’s not mandatory for the owner to reside permanently in Germany; the business can be managed remotely from another country.

Opening a company in Germany offers several advantages. It provides access to the European market, facilitates obtaining a residence permit for the business owner and their family, and allows for potential citizenship opportunities. Germany’s stable economy and business-friendly environment attract investors seeking reliable business prospects in a highly developed country.

Registering a GmbH in Germany typically takes 1 to 2 months. Key steps include drafting the memorandum of association, appointing governing bodies, and submitting documents to the Trade Register. Opening a bank account usually takes one day, and notary procedures can also be completed within a day. The final registration by the district court can take up to two weeks, depending on workload.

Germany offers several legal forms for companies, including personal associations (Personengesellschaften) and capital companies (Kapitalgesellschaften). For foreign citizens, the options are primarily capital companies like GmbH, UG (mini-GmbH), AG (joint-stock company), and SE (European company). Each form has specific requirements and benefits tailored to different business needs.

Yes, purchasing a ready-made business or registered company is an option in Germany. This process is quicker than starting from scratch but is more expensive, typically requiring at least €33,000 for a registered GmbH. The steps involve drawing up a purchase agreement, notarizing it, and submitting copies to the Trade Register and tax authorities at the registration location.

When selecting a company name in Germany, ensure it includes the form of ownership (e.g., GmbH) and is in German. Avoid using common terms, proper names (unless a director or shareholder shares that name), or the Cyrillic alphabet. Check the name’s availability using the German Federal Patent Office database or the Federal Trade Register portal to minimize visits to the Chamber of Commerce and Industry.

Starting a company in Germany involves costs such as notary fees, registration fees with the Trade Register, and initial capital requirements (e.g., €25,000 for a GmbH). Notary fees typically range from €500 to €1,000, while registration fees are around €150 to €300. Additional costs may include legal and consulting fees, depending on the complexity of the business setup.

Business permits and licenses in Germany vary depending on the industry and business activities. Common requirements include a trade license (Gewerbeschein) for general business operations. Specific sectors like healthcare and finance may require additional licenses from regulatory authorities such as the Federal Financial Supervisory Authority (BaFin) or local health authorities.

Opening a company in Germany offers international business expansion opportunities within the European Union. The GmbH structure provides limited liability, enhancing credibility with partners and clients. It also allows for product distribution under the prestigious “Made in Germany” label. Additionally, Germany’s business-friendly environment and support programs attract foreign investors seeking stability and growth in the European market.

Foreign entrepreneurs starting a company in Germany should first choose a suitable legal form such as GmbH or UG. They need to draft the memorandum of association, appoint company directors, and fulfill capital requirements. Submitting documents to the Trade Register and opening a bank account are essential steps, with the entire process typically taking 1 to 2 months. Legal and financial advice can help navigate specific requirements and ensure compliance with German business regulations.

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