Unternehmensgründung in Deutschland

Our international law firm offers comprehensive, precise, and tailored advisory services relating to the planning and establishment of your company in Germany. 

Our internationally experienced lawyers have been assisting Hungarian clients in Germany for more than twenty years with the formation of sole proprietorships, partnerships (OHG or KG / general partnerships or limited partnerships), as well as corporations (AG or GmbH / public limited companies or limited liability company). 

You do not need to travel to Germany in order to establish your company. As part of our comprehensive service package, we take care of all administrative matters on your behalf, from selecting the most suitable corporate and tax structure, drafting the articles of association, opening bank accounts, and obtaining tax numbers, through handling all legal matters that may arise during the operation of the company. 

Depending on your needs, we provide continuous Hungarian communication through the whole process and, if required, a registered office address. Furthermore, our Hungarian-speaking lawyers in Germany can also support the day-to-day operation of your company, including Hungarian-language accounting services. 

The Process of Company Formation in Germany 

For entrepreneurs who are just starting out and are uncertain about the future success of their business, the UG (Unternehmergesellschaft) may be the most advantageous option. In this case, a share capital contribution of only EUR 1 is sufficient, and registration in the German Commercial Register (Handelsregister) is not conditional upon the company already having a bank account. 

The second most common business form, equivalent to a Hungarian limited liability company (Kft.), is the GmbH (Gesellschaft mit beschränkter Haftung). In this case, half of the share capital (EUR 12,500 out of the required EUR 25,000) must be paid into the company’s German bank account, or otherwise demonstrably made available to the company. Although it is not a formal requirement for incorporation, practical experience shows that for opening a bank account, it is often advantageous if the managing director has a residential address in Germany. 

An AG (Aktiengesellschaft), or public limited company, may be established with a share capital of EUR 50,000. With regards to its structure, it must have a management board, a supervisory board, and a general meeting. Due to the specific requirements of German corporate law, its operation is relatively complex and its maintenance can be rather costly. 

A KG (Kommanditgesellschaft), which can be established without a notarial partnership agreement, is essentially the German equivalent of a Hungarian limited partnership. The general partner is liable for the obligations of the partnership with all of their assets, while the limited partners are liable only up to the amount of their contributions. 

Notarial Procedure and Registration 

In Germany, company formation is, in almost all cases, completed by way of a notarial deed. This deed may be signed either by you personally or, on the basis of a power of attorney, by our German lawyers acting on your behalf. 

Before registration in the commercial register, the competent registry court forwards the proposed company name and business activity to the relevant Chamber of Commerce and Industry (Industrie und Handelskammer – IHK) based in the company’s future registered office, for a preliminary opinion. The preparation of the incorporation process generally takes only a few days. 

Every German corporation must have a German (or comparable) bank account into which the share capital is paid. Following payment of the share capital, the notary public submits the incorporation documents electronically to the competent registry court. Under ideal circumstances, the company is registered within a few weeks. 

You may commence business activities in the form of a pre-incorporation company (Vorgründungsgesellschaft/Vorgesellschaft) immediately after signing the incorporation documents. However, we generally recommend that any business activity involving significant risk should only begin after the company’s final registration, as it is only from that point that the founders can be certain of benefiting from limited liability protection. 

Tax Numbers and Further Registrations 

Following registration with the registry court, German companies first receive a corporate tax number and subsequently a VAT identification number, enabling VAT-free, cross-border trade within the European Union. In addition, if your company engages in import or export activities, it will also require an EORI number. 

Our Support 

The international lawyers of our German law firm perform all incorporation-related tasks with the highest level of precision and efficiency. We regularly monitor and follow up on the status of the incorporation process. However, it is important to note that the exact duration of company formation depends on the workload of the relevant authorities and the speed of the responsible officials. 

In every case, we provide solutions tailored to our clients’ individual needs. We also keep our clients informed of alternative pathways and options, such as the acquisition of an existing debt-free company. 

Contact us with confidence. As your dedicated long-term partner, we will handle the incorporation of your company in Germany and help lay the foundation for a successful business venture.