Gmbh, just know that!
Did you see the word Gmbh, i always did, i asked myself many times what are those letters, or what does it mean, well lets explore and see what about it!
Gesellschaft mit beschränkter Haftung that the name abbreviated
GmbH, GesmbH or Ges.m.b.H. in English [company with limited liability], literally "corporation with limited responsibility"
It is a type
of legal entity very common in Germany, Austria, Switzerland, and other Central
European countries.
The name of the GmbH form emphasizes the fact that the
owners (Gesellschafter, also known as members) of the entity are not personally
liable for the company's debts.GmbHs are considered legal persons under
German law.
The laws governing this type of legal entity were
adopted in Germany in 1892, and in Austria in 1906.
The concept of limited
liability created by these laws inspired the legal establishment of the limited
liability company form in other countries, although the concept of a limited
liability company already existed in the United Kingdom. Other variations
include mbH (used when the term Gesellschaft is part of the company name
itself), and gGmbH (gemeinnützige GmbH) for non-profit companies.
The GmbH has become the most common corporation
form in Germany, since the AG (Aktiengesellschaft), the other major company
form corresponding to a stock corporation, was until recently much more
complicated to form and operate.
The Website
The
GmbH is the most common form of incorporated company in Germany. This is
effectively the same type of company as the Spanish SL, the French Sàrl, the
Dutch BV, or the Private Limited Company in the UK.
Documents and Information
To
start incorporating your company in Germany we require the following:-
- Your Company Name
- The Director/s full name, date of birth, address and nationality
- The Shareholder/s full name and address
Documents
you are required to provide:-
- Proof of identity. Either passport, national identity card, photographic driving licence.
- Proof of residential address. Gas/electricity bill or credit/debit card bank statement dated within the last 3 months
Incorporating your
Gesellschaft mit beschränkter Haftung (Gmbh)
- We register the proposed company name at the local Chamber of Industry and Commerce.
- We draft the articles of association and the foundation agreement, which are then filed with the local Trade Register.
- We provide assistance with opening a bank account and depositing the share capital.
- We then notify the local trade register of the establishment of the business
Company Name
The
name of a GmbH must be derived from the surname of one or all of its
shareholders. Alternatively, it must contain a component from which the object
or nature of business may be sufficiently inferred, and readily comprehensible
to outsiders. The company name may contain a mixture of both the surnames of
the shareholder(s) and the nature of the business. Other than that, one may
choose to add an imaginary designation. Further demanded by law is an
indication of the corporate form, in this case the German equivalent for a
private company limited by shares, 'Gesellschaft mit beschränkter Haftung' ,or
'GmbH'.
The
company name will be checked with the Chamber of Commerce and Industry. The
objects of the proposed GmbH may require official approval. We then need
confirmation from the German Trade Register, the 'Handelsregister'. There are
more than 400 local trade registers in Germany, as well as several Chambers of
Commerce and Industry.
In
normal cases, the suffix 'Gesellschaft mit beschränkter Haftung' or the
abbreviation GmbH must always be appended to the company designation.
Directors
- Directors may be of any nationality and may reside anywhere.
- Only one director is required.
- There is no requirement to appoint a local resident director.
- Nominee Directors are allowed. Form a company can provide this service.
- The director can be a person or a corporation
Shareholders
- Shareholders may be of any nationality and may reside anywhere.
- Only one shareholder is required. This can be the same person as the director.
- No upper limit to the number of shareholders.
- Nominee shareholders are allowed. Formacompany can provide this service.
- The shareholder can be a person or a corporation
Share Capital
Share
capital of a limited liability company (GmbH) must be at least €25,000. With a
ordinary GmbH, share capital must total a minimum of €25,000 and be divisible
into shares with a minimum face value of €100. Capital contributions may be made
either in the form of cash subscription, or in the form of investments in kind.
When incorporating, your bank account must be opened immediately after signing
the deed of incorporation with the notary, and the share capital must be
deposited into the account. Also, a bank statement showing the amount of
capital used for the company incorporation needs to be filed with the Court of
Registration, along with the Company Statutes.



Comments
Post a Comment