Foundation in Germany – Setting up a business in Germany
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Foundation in Germany – Setting up a business in Germany
You would like to set up a business in Germany, but you are not quite sure how to go about it? More and more company foundations and start-ups in Germany have a formation process that is not purely domestic.
Founders can choose between self-employed commercial activities and freelancing. There are also different legal forms for selection.
Due to many years of experience in supervising company formations, we know the foundation procedure inside out and will set up your business quickly, legally securely and at a fixed price. Your articles of association, if required, come directly from a lawyer.
We set up your enterprise. You focus on business
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Foundation in Germany
- Can foreigners set up a business in Germany?
- Digression: Work visa
- Special requirements for foreign founders
- Formation by a foreign company
- Preparation of the formation
- Formation process step by step
- Digression: Trade licence and registrations
- Digression: Types of taxes in Germany
- EORI-number
- Employer identification-number
- Insurance and pension
- German contract law
- Other German legal regulations
- FAQ
Andre Kraus, lawyer and founder of the KRAUS GHENDLER RUVINSKIJ law firm, is your contact in matters of company formation, trade mark law, reputation protection and corporate law.
![online-anfrage-gruenden](https://anwalt-kg.de/wp-content/uploads/2020/09/online-anfrage-gruenden-180x180.png)
Online formation or in-person appointment
You can found directly online, book a free initial consultation online or send us a message
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Free initial consultation
You will receive a comprehensive initial consultation free of charge. During this meeting, we will clarify any open questions you may have about establishing a business in Germany and advise you on the most important basic issues in formation, such as the right legal form or the costs and procedure involved.
![vertrag-gruendung](https://anwalt-kg.de/wp-content/uploads/2020/09/vertrag-gruendung-180x180.png)
Setting up your business
We start setting up your business. We will support you, from providing legal advice on forming a company, drafting tailored articles of association, arranging a notary appointment and entering your company in the commercial register, to registering a trademark, drawing up your application for tax and business registration, and handling your bookkeeping.
Can foreigners set up a business in Germany?
Freedom of establishment only applies to EU citizens: They are free to set up a company in Germany. This includes all EEA states (EU plus Iceland, Norway and Liechtenstein) as well as Switzerland.
If you are a non-EU citizen and plan to set up a business in Germany, you must bear in mind that you will need a residence or settlement permit. If you would also like to work with the company in Germany, you need a permanent work visa.
If you have got a German permanent residence, you can start a business here. If you have a work visa it depends. You should check if it also permits self-employment. The same applies to the so called EU Blue Card, a temporary residence permit issued for a maximum of four years in the case of permanent employment relationships. Freelancers can possibly get a freelance visa, if they have got clients in Germany.
![ablauf-gruendung-ug-gmbh](https://anwalt-kg.de/wp-content/uploads/2020/06/ablauf-gruendung-ug-gmbh.jpg)
Digression: Work visa
Highly qualified professionals, third-country nationals with a university degree or a non-academic professional qualification can apply for a work visa in Germany. They must fulfill the following requirements:
- Job offer
- Qualification equivalent to a German qualification
- Qualification recognised in Germany
- Licence to practise the profession.
To apply for the work visa you need certain documents. such as:
Completed and signed application form
Two passport photos
A valid passport
A proof of residence
Health insurance
An employment contract
or a binding job offer, stating the annual salary and with description of the employment
An approval by the Federal Employment Agency, if applicable
CV and proof of qualifications
Proof of a clean criminal record
Proof of visa fee paid
A cover letter stating purpose and duration of the stay and
A declaration of the accuracy of the information given
Special requirements for foreign founders
Depending on the sector, foreign founders may have to provide proof of their professional qualifications (e.g. master craftsman’s certificate).
Non-EU foreigners need a residence or settlement permit. A residence permit can be granted, among other things, if there is an overriding economic interest for the company or if the activity is likely to have a positive impact on the German economy.
The Residence Act (AufenthG) sets high requirements for a settlement permit. These include a residence permit for at least five years, living expenses and housing have to be ensured, sufficient knowledge of the German language is required etc. ( see § 9 AufenthG).
Formation by a foreign company
If a foreign company wants to set up a business in Germany there are three ways of proceeding:
Option 1
With a copy of the original formation documents and an extract from the commercial register for the formation of the parent company
Option 2
With translated and certified formation documents and an extract from the commercial register with apostille.
Option 2
Option 3
With an expert report of foreign notaries
Foundation by a lawyer
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checked cases
Open questions? – Just call us:
(Mo. – So. from 9am to 22pm / NATIONWIDE – German landline)
Preparation of the formation
If you have a residence in Germany and have registered your address with the local residents’ registration office you can get a tax-ID. This is required to register a business.
If you plan to set up a corporation (GmbH, UG etc.), you also need a business account. For foreign citizens without a residence in Germany, opening an account can be difficult. They might not only need documents confirming their identity but also an apostille/ legalisation for documents. If they are not in Germany, a power of attorney for the representative, who opens the account for them, is required.
Exception: If you buy a so-called shelf company the business account is already included in the purchase; problems with opening a German account can be avoided in this way.
Formation process step by step
Step 1 – Free Initial consultation/ legal form
The first question is the legal form of your business. If you want to set up a company in a cost-efficient way and you wish to exclude your personal liability at the same time the choice could be an UG (entrepreneurial company with limited liability).
If you have more money available for the contribution, you could think about a GmbH (limited liability company).
When deciding on a legal form you should also keep in mind it’s external effect/ reputation as well as taxes and administrative costs.
To discuss these and other questions we offer you a free Initial consultation.
Step 2 – In-depth consultation
The next step is an in-depth consultation with a lawyer. He also draws up a formation plan for you. He will tell you whether there are attendance obligations in Germany or whether a residence permit is required, if representation by us is possible (power of attorney) and which documents are required (if necessary, translated and certified foundation documents, apostille)
Step 2 – In-depth consultation
Step 3 – Checking the company name
Some chambers of commerce (IHKs) conduct a so-called preliminary assessment procedure to check whether there are any objections to your company name. We take care of this for you. The procedure is subject to a fee in some municipalities.
Step 4 – Drawing up the articles of association
In a next step your articles of association are formulated by a lawyer – tailored to your business.
Step 4 – Drawing up the articles of association
Step 5 – Notarisation appointment
Once your formation documents are complete, you have to make an appointment with a notary. We will organize this for you. If you are incorporating from abroad, we can represent you in Germany. This requires a formation power of attorney – notarized in your country of residence. Furthermore the application to the commercial register must be certified at the embassy or consulate, and a second notary appointment is necessary.
Step 6 – Opening the business account
Afterward you have to open a business account for your company and pay in the share capital, if necessary. As mentioned before, founders from non-EU countries do not always have easy access to a business account. We can help you with this too
Step 6 – Opening the business account
Step 7 – Entry into the commercial register
Your company will then be entered in the commercial register. If you are abroad, the instructions and commercial register application will be sent to you. The documents are certified by a German ambassador. A second notary appointment is necessary. We will then register your company in the German Commercial Register.
For freelancers and small businesses (Kleinunternehmen) there is no obligation to register in the commercial register. The classification as small business depends on the revenue.
Step 8 – Tax and business registration
Finally a tax and business registration is prepared. If you set up a business as a resident from abroad and choose the “Legally Secure PLUS” package, we will also take care of the business and tax registration for you
Step 8 – Tax and business registration
Transparency register
As of 2019, companies must be entered in the federal transparency register under the Geldwäschegesetz (GwG; German Money Laundering Act) of 2017. This should make it possible to recognise the persons economically responsible for a company at a glance. The first and last names, dates of birth, places of residence and the nature and extent of the economic interest of the beneficial owners must be entered. Registration may be waived if this information can already be retrieved from the commercial register or another public register.
If necessary, your company will be entered in the transparency register after notarisation.
Foundation by a lawyer
✔ CHEAP✔ FAST✔ LEGALLY SECURE
Over
checked cases
Open questions? – Just call us:
(Mo. – So. from 9am to 22pm / NATIONWIDE – German landline)
Digression: Trade licence and registration requirements
Trade licence
If you are not a freelancer in the form of the German “Freiberufler” (e.g. journalist, architect, doctor…), but a tradesperson, you need a trade licence, have to register with the German trade office and you have to pay trade tax. To find out whether you are classified as a freelancer or a tradesperson, just inquire with your local tax office.
If you set up a GmbH, UG or other form of corporation, you usually have to register a trade. To do this, you have to submit an application to the responsible trade office (Gewerbeamt) in your municipality and pay a fee. The documents you need for the registration are:
- Your passport and a registration certificate
- visa/ residence permit
- your commercial register number
- certificates of qualification and permits if applicable
Trades requiring a licence or supervision
In Germany some trades, as for instance security services, gastronomy, real estate and insurance business, require a special licence or supervision. The Trade Licensing Office is the right contact point for this. They will usually ask you for an extract from the commercial register, a Schufa credit report, a certificate of non-objection from the tay office and a certificate of good conduct. Often you also must be able to prove sufficient language skills. Some trades you are only allowed to practise, if you are in possession of a foreign qualification certificate equivalent to the German one required for the job.
Register of craftsmen
In Germany for some skilled trades you have to apply for an entry in the register of craftsmen at the Chamber of Crafts (HWK). Examples are
- qualified automotive engineer,
- master roofer,
- master joiner,
- qualified information engineer,
- qualified scaffolder,
- qualified installation and heating engineer
- qualified glass maker,
- master baker
- qualified hearing aid audiologist
- qualified dental technician or
- qualified optician.
There are more than 40 skilled trades in Germany.
Further registration requirements
Depending on the type of business and legal form, further registrations may be required.
- IHK: A membership of the Chamber of Industry and Commerce is mandatory for many entrepreneurs.
- Professional and trade associations: In addition, membership in professional and trade associations may be obligatory or useful.
- Commercial employers’ liability insurance association: Employers are obliged to register with an accident insurance institutionn (§ 192 of the Social Code VII). The “Berufsgenossenschaften” /BGs are responsible for statutory accident insurance in Germany, for prevention, rehabilitation and compensation of accidents at work, accidents on the way to work and occupational diseases.
Tax registration
By registering your business, you automatically also set the tax office (Finanzamt) in motion. You have to complete the tax registration with the tax office within one month, using the tax questionnaire (§ 137 AO). You cannot write invoices for customers before you have completed this registration and received your tax identification number.
The tax office needs information about your business, your estimated income, expenses and revenue, your bank details, the registrations required (esp. commercial, IHK) and your tax ID (not to be confused with the tax number). Every person, who registers in Germany and receives a registration certificate automatically receives a tax ID shortly thereafter. The number is assigned to everyone registered in Germany.
After you submitted the tax questionnaire the tax office will send you your tax number and also a VAT number, if applicable.
Digression: Types of taxes in Germany
Foreign founders should get advice from a tax advisor in advance in order to clarify which tax obligations exist and what must be observed.
In the case of partnerships (e.g. GbR), the partners are taxed personally. Sole traders are also personally taxable. In contrast, corporations (e.g. GmbH) pay taxes themselves.
The following taxes are particularly relevant:
– Corporation tax (15 percent of your profit)
– Capital gains tax on profit distributions (25 percent plus 5.5 percent solidarity surcharge)
– Trade tax (depending on the location of the enterprise)
– Solidarity surcharge (5.5 percent of corporate income tax, capital gains tax and wage tax)
– Value added tax (19 percent or 7 percent of the invoice total)
Taxes depending on legal form
If the legal form of your business is a sole proprietorship and you are a business- and tradesperson, you have to pay trade tax. As a natural person you are also subject to income tax.
Unless you are a small business owner (Kleinunternehmer) and benefit from tax concessions, you also pay value added tax (VAT). Solidarity tax must be paid at the same time as income tax. Since 2021, however, some entrepreneurs benefit from the partial abolition of the solidarity surcharge depending on their income. If they are members of a church, church tax must also be paid and, if employees are employed, payroll tax is raised.
If the legal form of your business is an OHG, KG or GbR (partnership, German “Personengesellschaft”) as a shareholder you pay tax on the profits at your personal income tax rate. If a commercial business model is pursued, trade taxes must be paid. You are usually also subject to value added tax (VAT). If applicable, solidarity tax must be paid, church tax and payroll taxes for employees.
If the legal form of your business is a corporation as the GmbH, UG, AG (German “Kapitalgesellschaft”) it is subject to Corporation tax, solidarity tax, trade tax and VAT if applicable, also to payroll taxes for employees. In the case of profit distributions you also have to pay capital gains tax (25 %). Due to the enormously high taxation of profit distribution, it may sometimes not be worthwhile for an individual entrepreneur to set up a corporation.
Annual Obligations
Companies are obliged to keep books and accounts and, in particular, to prepare and file annual accounts, with balance sheet and profit and loss account. as well as a tax return annually. Advance turnover tax returns must be submitted regularly, initially on a monthly basis.
EORI number
If you need to declare exports/ imports to customs or require an exports permit from the competent authority (BAFA) you have to apply for an EORI number, an EU registration and identification number for businesses related to the import or export of goods into or out of the European Union.
It is necessary to obtain the EORI number from the national customs authority as soon as you start your first export or import transactions.
The EORI number is assigned on request and free of charge by the General Directorate of Customs’ Master Data Management office in Dresden (GZD – DO Dresden). The application procedure can be a bit tricky and you have to fill out an application form. We can also help you with this.
Employer identification number
If you if you employ members of staff you need an employer identification number. It is necessary to apply for it before you conclude employment contracts.
The number is required to be able to pay social security contributions (esp. health insurance, pension insurance, unemployment insurance).
The competent authority is the Federal Employment Agency (Bundesagentur für Arbeit).
We advise you about the application prosess and explain to you how to fill in the application form.
Insurance and pension
Pension insurance
In Germany there is a statutory pension insurance system. Contribution is mandatory for employees and also for many self-employed people as for instance
- midwives and obstetric nurses
- teachers and educators, if they work without an employee subject to compulsory insurance
- physiotherapists dependent on instructions
- nurses without employees subject to compulsory insurance
- artists and publicists or
- self-employed persons without employees subject to compulsory insurance who work permanently mainly for one client.
If this does not apply to you, you are free to make voluntary contributions. You have to pay a minimum of 18.6 percent of your income. Artists and publicists can apply to have half of their contributions paid by the Artists’ Social Insurance Fund (Künstlersozialkasse), if they become a member.
An alternative to the the statutory pension insurance are private pension plans offered by banks and insurance companies.
Health insurance
Health insurance is mandatory in Germany. However, self employed people can choose between contributing to the German statutory health insurance or taking out private health insurance.
Unlike employees, self-employed entrepreneurs have to pay for everything on their own, i.e, 14,6 percent of their income in case of statutory health insurance. Especially for young and healthy people, private health insurance can be much more cost-effective.
Other insurances
There are other ways to cover any risks, such as:
- Business interruption insurance
- Insurance against burglary and theft, fire, water
- Electronics insurance
- Commercial legal protection insurance
- Liability insurance, product liability insurance and environmental liability insurance
German Contract Law
Entrepreneurs who set up and do business in Germany are subject to German contract law in many respects. For example, they conclude
- contracts with landlords (commercial tenancy agreements),
- with customers (e.g. purchase contracts, service contracts)
- and suppliers as well as
- employment contracts with employees.
Many entrepreneurs also require general terms and conditions (GTC). We can help you with the drafting of contracts and the formulation of GTC.
Other German legal regulations
There are several other laws and regulations in Germany that you may have to take into account as well.
- If you have your own website, you must comply with the regulations on data protection and the mandatory information in the imprint. Especially for online shops, there are also special duties of disclosure. There is for instance an obligatory price indication within the meaning of the Price Indication Ordinance.
- In the case of an existing employment relationship or a shareholding in a company, non-competition or secondary employment prohibitions may have to be observed.
- There are statutory opening hours for shops in Germany and
- there is also an obligation to provide parking spaces for cars on the company premises.
It is important to know these and other regulations so as not to inadvertently violate laws. We will be happy to advise you.
Costs
The following costs are incurred when a UG is formed.
DESCRIPTION | COSTS (NET AMOUNTS) | |
---|---|---|
Formation costs | Advice on legal form, advice on forming a company and advice on financial statements, drawing up of the articles of association and forming documents, organisation of the formation, representation during the entire formation process, company audit by the IHK, managing director contract, opening balance sheet and preparation of the trade and tax registration, VAT ID application and contract documents. | Fixed price: 209,– € (“formation package START-UP”), 629,– € (“Rechtssicher”) or 859,– € (“Rechtssicher PLUS”) |
Notarisation costs | Notarisation of the articles of association and other forming documents. By providing prior advice on formation and drawing up the articles of association and the formation documents for a fixed price, we may save you the significantly higher costs of a contract drawn up by the lawyer notary on the basis of the RVG (German Law on Lawyer’s Fees), or when invoicing on an hourly basis. | Between 280,- (Standard Record) and 835,- € (individual Statutes) on average |
Check of company name with IHK | If the responsible IHK / HWK conducts a preliminary statement procedure, we will conduct an examination procedure at your IHK /HWK for your company. This is to show whether there are any objections to your company name. In some cities or municipalities (e.g. in Berlin) the preliminary statement procedure is subject to a fee. | In some cities or municipalities about 45,- € |
Entry into the commercial register | Often 170,- € | |
Commercial registration | Depending on the city or municipality, €10.00 to €60.00 | |
Tax registration | Free of charge | |
IHK contribution | From 115,- € |
Formation of an UG at a fixed price
Our legal fee is a one-time fixed amount: you will not incur any further costs. In particular you will have to pay
- no higher lawyer’s/notary’s fee according to RVG for the formation consultation as well as the final consultation
- no higher lawyer’s/notary’s fee according to RVG for the preparation of your individual articles of association
- no higher lawyer’s/notary’s fee according to RVG for the organization of your incorporation/your representation during the incorporation process
- no higher notarial fee according to GNotKG for the preparation of the formation documents (shareholders‘ resolutions, etc.)
These costs are usually not fixed from the beginning and can get very out of hand. With us it remains with a fixed price, which is independent of the complexity or lengthiness of your case (price transparency).
Discount for serial founders or Holdings
Often several companies are founded. This happens especially in the case of serial founders or when several companies are established within the framework of a holding model. In this case, we grant a discount of 20% on our respective fixed price from the second company onwards.
FAQ foundation
Can foreigners set up a company in Germany?
Yes. Freedom of establishment applies to EU citizens. As a non-EU citizen you need a residence or settlement permit.
Is it possible to found a company from abroad?
Yes, but the formation documents must be signed before a notary public in Germany. If shareholders or managing directors cannot appear in person, we can take care of the formalities for you. For this purpose, among other things, we need a power of attorney.
What kind of visa do company founders need?
You need an entry visa and a residence permit.
Are there special requirements for foreign founders?
Depending on the sector, foreign founders may have to provide proof of their professional qualifications (e.g. master craftsman’s certificate).
Are there licence- and registration requirements?
Yes. Companies are to be entered in the commercial register. If you are not a freelancer (“Freiberufler”), but a tradesperson, you need a trade licence and you have to register with the German trade office.
You also have to register with the tax office. Depending on the type of business and legal form, further registrations may be required (membership of the Chamber of Industry and Commerce, membership in professional and trade associations).
What taxes exist in Germany?
The most relevant taxes are income tax, corporation tax, capital gains tax, trade tax and value added tax.
What is a German permanent establishment?
A Permanent Establishment is a dependent branch of an already existing company. It acts on behalf of the head office.
What is a branch office?
A branch office is a legally and economically dependent part of a company that is locally separate from the company’s registered office.
What is a subsidiary?
A subsidiary is a company owned or controlled by another company abroad, the parent company. It is legally independent, has got its own legal personality and can trade and conclude contracts under its own company name
I have got a foreign internet presence; can I file my expenses from abroad?
If the enterprise is located in Germany it is responsible to file tax declarations in Germany, expenses are deductible from the taxable income.
The tax authorities usually accept international invoices as expenses.
Can I employ staff as a foreigner?
Yes, but if you employ members of staff you need an employer identification number.
Do I need a business account?
If you plan to set up a corporation (GmbH, UG etc.), you also need a business account.
Do I need an EORI number?
If you need to declare exports/ imports to customs or require an exports permit from the competent authority (BAFA) you have to apply for an EORI number,
Are there compulsory insurances in Germany?
Yes. Health insurance is mandatory in Germany. there also is a statutory pension insurance system. Contribution is mandatory for employees and also for many self-employed people.
Are there regulations for Websites?
Yes. If you have your own website, you must comply with the regulations on data protection and the mandatory information in the imprint. Especially for online shops, there are also special duties of disclosure. There is for instance an obligatory price indication within the meaning of the Price Indication Ordinance.
What forms of enterprises are there in Germany?
Companies can be divided up into partnerships, corporations and sole proprietorships.
What are the costs for founding a GmbH?
Our legal fee is a one-time fixed amount: you will not incur any further costs.
Notarisation costs are between 280,- ( standard record) and 835,- € (individual statutes) on average, the Entry into the commercial register costs between 170,- € and 240,- € and the commercial registration Depending on the city or municipality from 10,- to 60,- €., However, the formation of a GmbH requires a capital contribution of €25,000 or €12,500. An UG can be formed with only €1 of share capital.
Your formation team
![](https://anwalt-kg.de/wp-content/uploads/2018/08/Andre-Kraus.jpg)
Andre Kraus
Specialist lawyer for insolvency law
![](https://anwalt-kg.de/wp-content/uploads/2018/08/Ahaliya-Kapilan.jpg)
Ahaliya Kapilan
Lawyer
![](https://anwalt-kg.de/wp-content/uploads/2018/09/Oksana-Enns.jpg)
Oksana Enns
Business law graduate
![](https://anwalt-kg.de/wp-content/uploads/2018/09/Sara-Garcia-Corraliza.jpg)
Sara Garcia Corraliza
Lawyer
![](https://anwalt-kg.de/wp-content/uploads/2015/11/kgr-team-foto-alle-im-buero-v06-495x400.jpg)
and a team
of legal advisors, business law graduates and other lawyers
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Principles
Free initial legal consultation
Free initial legal consultation on your foundation project.
Quick and easy
We take care of the formalities of your formation – You concentrate solely on your business. There is no waiting period or long processing time.
Legal security
Your incorporation directly from the lawyer. We fulfill the reservation of legal advice by a lawyer (§ 2 II RDG) and assume the full legal guarantee.
Price transparency
We accompany you at a fixed price – without complex fees or indirectly allocated costs from intermediary portals.
Specialization
Due to our concentration on certain core areas we offer you a particularly high level of expertise at a a relatively low fixed price.
Long-term perspective
The consulting for your formation is our investment in a long-term cooperation in the fields of corporate and consumer law.
Start your company now!
Do you have a general question about „formation in Germany“? We answer them here for free! Enter your question here
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Fragen zur UG Gründung
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Hinweis
KRAUS GHENDLER RUVINSKIJ ist eine Kooperation der folgenden unabhängigen und rechtlich selbständigen Rechtsanwaltskanzleien: KRAUS GHENDLER Rechtsanwälte Partnerschaftsgesellschaft mbB, GHENDLER RUVINSKIJ Rechtsanwaltsgesellschaft mbH und KRAUS Anwaltskanzlei (Rechtsanwalt Andre Kraus).