Notaries and notaries: A legally secure start to founding a company

The path from an idea to your own company raises numerous legal questions. Entrepreneurs benefit from reliable legal advice from notaries when founding a company. Their neutral, competent support ensures that start-ups have a solid foundation right from the start.

Get clarity early - on site or online

„For young companies in particular, it is crucial to make clear contractual arrangements at an early stage - regarding shareholdings, voting rights or possible exit scenarios. Notaries help to strategically address these issues and find a legally secure solution,“ says Dr. Markus Baschnagel, Managing Director of the Baden-Württemberg Chamber of Notaries. „We support founders as neutral advisors from legal advice, drafting, notarization and registration in the commercial register through to financing rounds - whether on site or online.“

Since 2022, it has been possible to form GmbHs online using video notarization; it is not necessary to be present in the notary's office. The requirements are an ID card with eID function and associated PIN, a smartphone with camera and NFC interface and a computer with webcam, microphone, loudspeakers and internet connection. For ID cards issued before August 2, 2021, a passport is also required for verification. ID documents and passports from EU or EEA member states that have an eID function also enable online authentication.

Central contact point for everything to do with start-ups

Interested parties can obtain comprehensive information even before going to the notary's office. The website gmbh-gruenden.notar.de provides information on all the legal framework conditions for founding a GmbH. The entire formation process is also explained in detail:

• Notaries provide support in drawing up the articles of association, determining the share capital and other important key points.
• At the notarization meeting
  • the articles of association are read out, explained and signed by all shareholders;
  • the managing directors sign the commercial register application and the list of shareholders after being instructed by a notary.
• After the notary appointment, the share capital is paid in and the company is entered in the commercial register - thus creating the GmbH.
• After registration, the parties involved arrange the next steps. Entry in the transparency register and application for a tax number must be arranged, as well as business registration if necessary.

„With the new online offering on gmbh-gruenden.notar.de notaries make the formation process even more accessible,“ Baschnagel continues. „Of course, the website does not replace individual advice from notaries. However, the platform links directly to the notary search at www.notar.de and also enables the start of the notarial online procedure - simple, direct and secure.“

„If you're smart, you go straight to the notary“

Another key advantage of starting at a notary's office: The notary fees for the formation consultation and the drafting of the articles of association are already included in the notarization fees - additional consultation appointments in advance do not incur separate fees. „So-called ‚incorporation packages‘ offered online generally offer no added value at higher costs. If you're smart, go straight to the notary,“ concludes Baschnagel.

 

 

More information and images on this and other topics can be found on the website of the media association of the chambers of notaries at:

www.medienverbund-notarkammern.de.

 

 

About the media association of the chambers of notaries

The media association of the chambers of notaries is an association of the professional organizations of the full-time notarial profession. Its members are the Bayerischer Notarverein e.V., the Notarkammer Baden-Württemberg, the Notarkammer Brandenburg, the Hamburgische Notarkammer, the Notarkammer Mecklenburg-Vorpommern, the Notarkammer Koblenz, the Notarkammer Pfalz, the Rheinische Notarkammer, the Notarkammer Sachsen, the Notarkammer Sachsen-Anhalt and the Notarkammer Thüringen. The media network of the chambers of notaries provides information on topics where citizens can expect help from notaries.