Founding a GmbH (limited liability company) is a decisive step on the way to realising entrepreneurial goals. This legal form not only limits liability risks, but also allows entrepreneurial ambitions to be realised individually.
However, there is an important step to take before becoming self-employed: registering the GmbH.
Here you can find out what is involved, why this step is so important and how it runs smoothly so that your business idea becomes a reality.
To register a business for your GmbH, you must first go to the local trade office, which is part of the public order office in your city. The business registration can be done in person on site or in writing by post.
It is important that the business registration for a GmbH must be signed personally by you as the managing director. If you are unable to sign the buasiness registration on site, this can also be done by an authorised legal representative.
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Founding a GmbH
No pre-registration with the public order office is required for a business registration. However, you do need to carry some documents with you. If you belong to a certain professional group, you may have to submit additional documents specific to your profession. This is particularly the case for industries that require monitoring and authorisation.
The following applies to all founders:
Bring a valid identity card or passport with a registration certificate to your appointment.
If you are a founder from abroad, you must have a residence permit with you.
Here you will find the most common industry-specific features of the occupational groups requiring a permit:
1. buying and selling
You will need a police clearance certificate and an extract from the central trade register.
2. care services
To open a care service, you need to have completed nursing training, at least two years of professional experience, further training as a care service manager or a degree in care management and authorisation from the care insurance funds.
3. catering:
If you would like to work in the catering industry, you will need a health certificate from the public health department, a police clearance certificate, a valid rental, purchase or lease agreement and a liquor licence (if you want to sell alcoholic beverages).
4. pharmacies
To open a pharmacy, you need a licence in accordance with Section 1 (1) of the Pharmacy Act (from the local regional council).
5. driving school
If you want to open a driving school, you should have completed driving instructor training, have at least two years of professional experience and have plans for your classrooms.
6th trade
To run a craft as a business, you need a craft licence (or a licence to practise), which you can obtain from the relevant Chamber of Crafts.
7. taxi company
If you set up a taxi company, you must present a taxi licence and a certificate of competence for taxi drivers, which you apply for at the State Office for Citizens' and Regulatory Affairs.
There are other trades that require authorisation. It is therefore always advisable to enquire whether such a licence is required before registering a business.
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You can find out which forms you need for business registration on the website of your local trade office or locally. You can use the finder of German trade offices to find your local trade office.
You must provide the following information to the trade office:
Your personal details
Name and legal form of your company
Number of legal representatives in the company
Details of the business premises
Information on the business activities of the GmbH
The trade office will then check the information for legal accuracy and completeness. If all the information is correct, you will be contacted by the Chamber of Industry and Commerce or Chamber of Crafts and the tax office, to which the trade office will register you directly.
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Business registration is subject to a fee and costs between 30 and 65 euros, depending on the location. If additional documents such as an extract from the commercial register or a certificate of good conduct have to be submitted, further administrative fees will be charged. These are usually between 10 and 15 euros. However, the presentation of a trade licence can be more expensive and costs between 80 and 250 euros.
What is a GmbH?
A GmbH is a corporation and is considered a legal entity. The company has its own rights and obligations. It can exercise these through its management. The GmbH is a limited liability company, which means that it is liable for all internal and external obligations as a company as a whole. The shareholders are not personally liable with their own assets.
What does the abbreviation GmbH mean?
The abbreviation ‘GmbH’ stands for ‘Gesellschaft mit beschränkter Haftung’ (limited liability company). When the company is entered in the commercial register, it benefits from a limitation of liability.
Is business registration necessary for a GmbH?
Yes, a business registration is required for a GmbH (limited liability company) in Germany. Registration takes place at the trade office of the city or municipality in which the GmbH has its registered office. This is an important step when setting up a GmbH, as the business cannot be legally operated without this registration. It is also necessary in order to obtain a trade licence, which is often required for various commercial activities.
Who is liable for a GmbH?
If the company is entered in the commercial register, liability is limited. This limitation of liability relates to the company's internal and external liabilities. It is only liable for the liabilities incurred in the company with its company assets and the private assets of the shareholders remain unaffected in the event of liability.
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