Found a company

The lawyers at LAWMUC are your competent partners if you want to set up a company. We support you in all matters relating to company formation - business registration, contracts, resolutions, formation of a GmbH, UG, OHG, KG, AG, GbR and the various mixed forms of company law.

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Choosing the right legal form

Which legal form is the right one for my business? You should ask yourself this question in good time and make the right choice after receiving comprehensive advice from a lawyer. If you want to do business in Germany, you can choose between the following legal forms:

  • Sole proprietorship - particularly suitable for small businesses, craftsmen, freelancers, service providers

 

  • GbR (Gesellschaft bürgerlichen Rechts) - just as suitable for beginners, especially for small businesses, freelancers, craftsmen and service providers

 

  • OHG (general partnership) - suitable for several people who run a commercial business together. The partners are liable for the company's liabilities with their private assets.

 

  • KG (limited partnership) - this form of company is particularly suitable for merchants who require additional capital and partners who wish to limit their personal liability. There are two types of companies within a limited partnership: 1. limited partners, whose liability is limited to the amount of their contribution, provided this has been paid; general partners, who are personally liable for the company's liabilities.

 

  • KGaA (partnership limited by shares) - this form of company has similarities with both the Public limited company(AG) as well as with the  Limited partnership (KG). The KGaA is a stock corporation that does not have a management board but instead has personally liable partners (general partners). The limited partners own shares in the company. Partnership nevertheless counts as a corporation.

 

 

  • GmbH & Co. KG - this is a KG whose personally liable partner is a GmbH. It combines the advantages of a commercial partnership with the limited liability of a corporation.

 

  • PartG (Partnerschaftsgesellschaft) - this is a partnership that is only available to members of the liberal professions. The liberal professions are organised in  18 EStG is defined as a self-employed scientific, artistic, literary, teaching or educational activity. This regulation also lists the classic liberal professions (catalogue professions). These are, in particular, lawyers, doctors, auditors, tax consultants, patent attorneys, experts and architects.

 

  • PartGmbB (Partnerschaftsgesellschaft mit beschränkter Berufshaftung) - this is a variant of the partnership company. This provides members of the liberal professions with a company form that limits their personal liability without being a corporation.

 

  • Limited liability company (GmbH)

The GmbH (limited liability company) is the most widespread form of corporation in Germany. It has limited personal liability and can therefore protect private assets. In 2016, over 1.15 million limited liability companies were registered in Germany. German company law provides for various structuring options - a single GmbH, a GmbH with several shareholders, a cash formation or a non-cash formation, etc. The minimum share capital for the formation of a GmbH is 25,000 euros.

Found a limited liability company

There are many structuring options when setting up a GmbH. It is therefore advisable to seek advice from an experienced lawyer in good time.

Formation of a GmbH - Costs

The costs for founding a GmbH depend on the founding modalities. There are always notary fees for the notarisation of the articles of association, the notarisation of the first shareholders' meeting and the registration of the company and the managing directors in the commercial register. The total costs are usually between 450 and 1000 euros plus VAT. The lawyers at LAWMUC will advise you comprehensively on all issues relating to the formation of a GmbH. Contact us now without obligation.

  • UG (entrepreneurial company)

The UG (Unternehmergesellschaft haftungsbeschränkt) is a "smaller version" of the GmbH created in 2008. It is a simplified form of the GmbH and is becoming increasingly popular in Germany. The minimum share capital of a UG is 1 euro. This is why it is often colloquially referred to as a mini-GmbH or 1-euro GmbH.

Found a UG

When forming a UG, there is the option of a simplified standard formation according to the model protocol. However, if you want an individual articles of association that deviates from the model protocol, you can no longer choose the simplified and more favourable standard formation.

UG formation - costs

The costs for founding a UG depend on the specific conditions of the foundation. Important factors here are in particular the number of shareholders and the share capital. Another circumstance that is relevant to the amount of the formation costs is the question of whether individual articles of association or a model protocol is used. The costs are generally between 300.00 euros and 1,000.00 euros.

AktG (stock corporation) - it is particularly suitable for companies with large capital requirements. The share capital is divided into shares, which usually belong to a large number of shareholders. The shareholders receive dividends from the income generated by the stock corporation. Shareholders can also exercise their voting rights at the shareholders' meeting.

Registered co-operative (eG) - this form of company is a mixture of a corporation and an association. The purpose of the co-operative is acc. § 1 GenG to promote the acquisition or the economy of its members or their social or cultural interests through joint business operations. Registered co-operatives can be found in many sectors - retail, wholesale, banking, housing, agriculture, energy suppliers, etc.

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