Entity Formation and Structuring Services for Establishing Companies in Germany
1. Initial Consultation and Needs Assessment
- Client Requirements Analysis: Conduct an in-depth consultation to understand the client’s business goals, industry, and specific needs.
- Legal Structure Recommendations: Advise on the most suitable legal structure (e.g., GmbH, AG, KG, or branch office) based on the client’s business model and objectives.
2. Legal Entity Formation
- Company Name Registration: Assist in selecting and registering a unique company name with the local Chamber of Commerce.
- Drafting Founding Documents: Prepare and draft the articles of association (Gesellschaftsvertrag) or statutes (Satzung) required for the chosen legal structure.
- Notarization Services: Coordinate with notaries to notarize the founding documents, a mandatory step in the formation process.
3. Registration and Compliance
- Commercial Register Entry: Facilitate the registration of the company with the commercial register (Handelsregister), including the submission of all necessary documents.
- Trade Office Registration: Register the business with the local trade office (Gewerbeamt) to obtain a trading license (Gewerbeschein).
4. Tax and Financial Structuring
- Tax Registration: Obtain a tax identification number (Steuernummer) from the local tax office (Finanzamt) and assist with VAT registration.
- Financial Structuring: Advise on the optimal financial structure for tax efficiency and compliance, including capital contributions and shareholder loans.
5. Corporate Governance Setup
- Board and Management Structure: Establish the governance structure, including the appointment of directors, board members, and management.
- Shareholder Agreements: Draft and negotiate shareholder agreements to define the rights and obligations of shareholders.
6. Employment and Labor Setup
- Employment Contracts: Draft employment contracts compliant with German labor laws.
- HR Policies and Procedures: Develop HR policies and procedures, including employee handbooks, to ensure compliance with local regulations.
7. Office and Infrastructure Establishment
- Office Space: Assist in finding and securing office space, whether for a headquarters, branch office, or virtual office setup.
- Utilities and Services: Coordinate the setup of essential services such as telecommunications, internet, and utilities.
8. Banking and Financial Services
- Bank Account Setup: Help open corporate bank accounts with reputable banks in Germany.
- Financial Services: Introduce clients to local financial advisors and accountants for ongoing financial management and compliance.
9. Compliance and Regulatory Support
- Regulatory Approvals: Identify and obtain any industry-specific permits and regulatory approvals.
- Ongoing Compliance: Provide ongoing support to ensure the company remains compliant with local laws and regulations, including annual filings and audits.
10. Post-Incorporation Services
- Corporate Secretarial Services: Offer secretarial services to manage company records, board meetings, and statutory filings.
- Amendments and Re-structuring: Assist with any future changes to the company’s structure or operations, such as capital increases, mergers, or conversions.
