The following forms of incorporation are customary in Germany:
A Limited Liability Company (with the suffix GMBH)
- One person is sufficient to set up the company.
- a minimum registered share capital ,as defined by law.- At least one quarter of the capital must actually be invested.
- At least one quarter of the capital and no less than an amount defined by law must actually be invested.
- Management is in the hands of one or more directors according to the Articles of the company.
- In a company with more than 500 employees, it is compulsory to appoint a "supervisory committee".
- The GMBH form of incorporation is the most popular in Germany, This is true as well for foreign investors who are setting up a branch in Germany.
- The company's liability is for the amount of the capital only.
A Stock Company (with the suffix AG)
- A minimum of five people is required to set up the company.
- The minimum registered share capital - is defined by law.
- At least one quarter of the capital must actually be invested.
- Management is in the hands of the majority of the directors.
- The shareholders' meeting will appoint a "supervisory committee".
- The company's liability is for the amount of the capital only.
A Regular Partnership (with the suffix OHG)
- All the partners are jointly and severally liable for the obligations of the partnership.
- The profit from the partnership is not taxed as from a separate body. The profits of the partnership are divided among all the partners according to their shares in the partnership, other than in instances in which the partnership agreement determines otherwise.
A Limited Partnership(with the suffix KG)
- The liability of the partners is limited to the amount of their investment in the partnership.
- At least one of the partners is liable for the obligations without any limit to the amount.
Note: The information in this site is for general guidance only. Users of this site are advised to take professional advice before taking practical tax decisions.
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Note: The information in this site is for general guidance only. Users of this site are advised to take professional advice before taking practical tax decisions.
Please read our terms of service
before entering this site.