Company Formation in Germany for Non-Residents

Germany is recognised as one of the economic powerhouses of the European Union. Government assistance and initiatives for Small and Medium Enterprises have resulted in considerable developments on the German mainland (SMEs). Small businesses are often known as ‘Mittlestands.’ The government provides a variety of benefits and incentives to help these enterprises succeed.

 

The government is encouraging and offers training to all enterprises so that they can engage in a variety of activities. In Germany, SMEs are regarded as the economic backbone. Because the economy is conducive for doing business, entrepreneurs and investors can register a company in Germany. One of the most powerful passports in the world is that of Germany. As a result, investors might think about forming a company in Germany.

 

Documents Required for a German Company Formation

In order to register a company in Germany, you’ll need the following documents:

  • Registration application
  • Articles of Association that have been notarized (AOA)
  • A diagram of the management board’s organisation.
  • A document proving that the share capital has been deposited.
  • Directors’ visas in the case of foreign residents
  • Address of the company’s registered office Information on the company’s shareholders and directors
  • Any other information that the notary may request.

 

Non-Residents’ Company Formation Process in Germany

You must follow the steps below in order to register a company in Germany:

Pick a Business Structure

There are a variety of business structures in Germany. First, the applicant must select a suitable business structure. A typical applicant for a GmbH entity must have at least EUR 25,000 in their bank account. Other business models in Germany, on the other hand, demand less capital.

Name of the Organization

In the next process, the applicant must choose a suitable company name. To see if the company name has already been taken, the applicant must verify the business registration.

The Business’s Objectives

The applicant’s next step would be to look for the business’s items in the commercial registry. Such items must be clearly mentioned in the application.

An application to the German Chamber of Commerce has been submitted.

After registering the business’s objects, the applicant must register the business’s name and objects with the German Chamber of Commerce. Completing this step will not cost you anything. The applicant must also verify for company registration with the notary.

Creating the Articles of Incorporation

As the next step, the applicant would draught the company’s articles of association. For this, the applicant can use either the basic template or the customised version. The applicant would then need to get the relevant documentation for the interview.

Visit the Notary.

Before the notary, all parties involved would have to appear. The notary, on the other hand, must be authorised to carry out the company registration operations. There are several different types of notaries in Germany. As a result, the notary must certify the existence of the corporation. Information must be submitted by shareholders and management directors, for example. Check that the person has the proper passports and visas if they are a managing director. The individual would need either a resident permit or a visa because the process would require many entries into Germany.

Bank Account for Corporations

In Germany, the notary has a variety of jurisdictions. When it comes to the bank, some notaries are exceedingly picky. As a result, selecting a bank that can help you is crucial.

Capital to be deposited in a bank account

The applicant must deposit the amount of capital required for the company formation process after opening the bank account. The Stammkapital number can be used as a reference by the applicant. The applicant for German company registration will then ensure that the deposit receipt is presented to the notary.

The Notary is paid.

The notary would have to be paid by the petitioner. You’d also be in charge of paying the Handelsregister bill. This is a requirement for the application. This step is not necessary if the notary has already finished the prior step.

Implications for Taxation

If your firm is based outside of Germany, you will be compelled to pay domestic tax. In addition, international tax may be owed on some transactions. To avoid any problems, you should seek the guidance of a tax specialist.

Trade registration must be submitted.

The trade registration must then be submitted to the trade office by the applicant. Gewerbeanmeldung is another name for business registration. If the business is located in a metropolis such as Berlin, English can be used as the primary language.

Taxpayer Identification Number

After filing the application, the applicant will receive a tax ID from the tax office. A condition like this must be met in accordance with the invoice’s requirements.

Insurance that is safe

It is critical to obtain insurance for both the firm and the employees if the individual is a non-resident.

Conclusion

Whether you prefer to incorporate your company in person at a notary or by preparing the relevant powers of attorney remotely, our professionals at Vakilsearch will assist you with the development of any corporate legal structure.

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