Law Consulting Germany

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Law Consulting Germany – Every day, we receive inquiries from foreign entrepreneurs who want to set up a business center in Germany. The most commonly used structure is the German limited liability company (Gesellschaft mit beschränkter Haftung, abbreviated GmbH), which will often be the natural choice for serious business purposes. However, some customers have heard or googled that there is a possibility to start a so-called “Unternehmergesellschaft haftungsbeschränkt” (“UG”), which is often called a “Mini-GmbH” in Germany. This is still relatively new in German commercial law. It was introduced in 2008 by German law as a response to the fact that many types of foreign companies (UK Limited, Dutch BV etc.) were used to create new businesses based in Germany. The idea was to create an option for German entrepreneurs to set up a limited liability company without using foreign company forms. So far, so good. So this option has been available since 2008.

We often discourage our clients from setting up a Mini-GmbH, because in German business life such a Mini-GmbH is not taken seriously. Every business partner, bank and customer will immediately assume that the company (and shareholder) is insolvent. The traditional concept of German GmbH is that the shareholder must at least come with 12, 500 Euros minimum share capital. This is referred to as the “depth test”. German law requires that the company form GmbH be used only by shareholders who have and are willing to spend enough money to start the business without running out of money from day one.

Law Consulting Germany

A common misunderstanding in that regard is that the share capital of a German GmbH will be locked up somewhere as a kind of inaccessible deposit. This is wrong. The share capital can be used by the management of the GmbH for business purposes. However, it cannot be paid to the shareholders because the whole idea of ​​the limited share capital is to provide a solid financial basis for the new GmbH.

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If you wish to be considered a reliable business, we therefore recommend setting up a “genuine GmbH”. Especially since the Mini-GmbH is only a temporary step. It is not a specific legal form but a slightly different way of starting to form a GmbH. The formation procedure is the same whether you have chosen a Mini-GmbH or a real GmbH. Why, because they are legally the same type of company: According to German law each Mini-GmbH must eventually “grow” to become a true GmbH. Therefore, Mini-GmbH shareholders are not allowed to receive dividends until the share capital of 25,000 EUR has been accumulated. This leads to more complicated accounting. In addition, the Mini-GmbH is increasingly being monitored by the tax authorities.

See here for more information on how to set up a company or register a business in Germany. Or enter “business” in the search box above.

The law firm Graf & Partners (Germany) has been providing business and commercial law advice since 2003 and has a network of experts in the areas of tax, IT, marketing and business consulting. Please contact German lawyer Bernhard Schmeilzl at +49 941 463 7070.

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, Owner: (Registered business address: Germany), processes your data only to the extent necessary for the operation of this website. All information in the privacy policy. Compliance involves many different legal obligations in Germany. Laws and regulations impose complex reporting requirements, internal training obligations and increased accountability opportunities. Even small and medium-sized German businesses must ensure that their business activities and even the activities of business partners do not create a need to report or violate a business penalty.

Compliance creates legal certainty, increases your company’s productivity and ensures responsiveness to critical situations. When properly understood and implemented, compliance measures increase the effectiveness of your processes and procedures. the inner one. Take advantage of our corporate compliance and governance consulting expertise.

To complicate matters further, German labor law and social insurance law create many guidelines and regulations to follow, e.g.

Failure to comply with these rules and regulations can result in significant liability risks and penalties for the company, the executive board and the management.

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We can help with all aspects of contract management. Our compliance services and compliance assessment services include risk assessment, design and implementation of compliance procedures and ongoing employee training. We can support you by writing manuals, checklists and guides to keep your management systems up to date. We can also assist your firm as an external regulatory compliance officer and help your company establish whistleblowing procedures to meet regulatory requirements.

If you have questions about German compliance management or would like to receive a proposal for a custom-made system, please contact our legal advisors to discuss our services in detail.

Looking to set up a regulatory framework in Germany, review your current compliance structure or get a full quote for our compliance services? Our German regulatory attorneys look forward to answering all your questions about German compliance.

Blog 29.12.2022 Group-wide Introduction to the Compliance Management System in Germany: Legal Obligation of Parent Companies for Their Subsidiaries?

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Do you have questions about our services or would like to schedule your consultation? We look forward to hearing from you! Please fill out the following information.Are you looking for professionals with specialized knowledge of U.S. immigration law? and visa support? MLH Consular Consulting’s team of licensed, experienced attorneys, along with a solid principal, owner and American-born Magdale Labbe Henke, with years of experience more than 10, they provide personal advice and visa solutions in German and English. Based in Munich, the firm handles complex immigration law issues, green card cases and work or travel visa processing issues for companies and individuals planning projects in the USA . The firm also liaises closely with U.S. tax advisors. In addition, the firm has extensive experience in managing and handling cases in the entertainment, media and sports sector.

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