Company

The business idea is born. Now, you want to realize your dream and become an entrepreneur. One of the first and most essential questions when setting up a company is the appropriate legal form.

Your notary will clarify all essential legal issues with you in a consultation, support you in choosing the name of your company (company), and arrange for entry into the commercial register.

Operating a company as a merchant requires entering the commercial register as a "registered merchant".

The sole trader is personally liable for all his assets for claims arising from business operations. This company suits small and medium-sized companies whose business activities do not involve significant liability risks.

Several persons join for commercial cooperation in a general partnership (OHG).

All partners are personally liable for all their private assets for claims arising from business operations. All partners must enter the OHG in the commercial register via the notary.

The limited partnership (KG) is similar to the general partnership (OHG), the purpose of which is to operate a commercial enterprise under a joint name.

The difference to the OHG is that, in addition to the personally liable partner (general partner), at least one partner is only liable to a limited extent to the amount of his liability contribution (limited partner).

The KG is represented externally exclusively by the general partner(s). Limited partners have no authority to manage the company.

The GmbH is the most common form of company. The founders must jointly raise share capital of at least € 25,000. The advantage of the GmbH is that its liability is limited to the amount of the share capital.

A public limited company's share capital of at least € 50,000 must be raised. The AG is rarely of practical significance for start-ups.

However, it can be a sensible alternative to the other legal forms mentioned in individual cases. Your notary will always provide expert advice and suggest the best, most suitable company form.

If you want to acquire a company or shares in a company, careful and forward-looking contract drafting is a top priority.

To minimize risks and clarify essential questions, you should seek advice from your notary.

In principle, there are two ways to acquire a company. In the case of universal succession ("asset deal"), each company asset is acquired individually.

In a "share deal", on the other hand, a stake is acquired by the company owner, allowing influence to be gained over the company's management.

Like company start-ups, company successions must be regulated thoroughly and with foresight. Even if the time of a company's transfer is not fixed, a provision should not be missing.

Your notary will support you in planning and implementing your company pension and succession plan. As an expert in this field, he will make you aware of all the issues that need to be settled.