Procedures for setting up a company in Germany

Germany has always been a country that attracts investors and entrepreneurs from all over the world. The German economy is one of the largest and most stable globally. Germany’s strategic geographical location, located in the heart of Europe, offers an undeniable competitive advantage. It is the ideal gateway to access a large and diverse European market, with millions of potential consumers. Modern infrastructure systems, from transportation networks to telecommunications, ensure the efficient circulation of goods and information. With the above factors, Germany is not only an ideal location to set up a company but also a solid springboard to reach out to the international market. Investing in Germany is not only economically profitable but also a strategic step forward, affirming the company’s position on the global business map. Viet An Law would like to guide customers through the procedures for establishing a company in Germany through the article below.

Opening a bank account when setting up a company in Germany

During the process of setting up a company in Germany, opening a corporate bank account is an essential procedure.

Legal basis

According to the legislation of the Federal Republic of Germany, opening a corporate bank account is a prerequisite before proceeding with the registration of a company in the Commercial Register (Handelsregister). This aims to ensure that the company’s charter capital is managed in a transparent manner and in strict compliance with legal regulations.

The contribution of charter capital to the corporate bank account is authentic evidence that the enterprise has fully met the requirements for charter capital as prescribed by law. For example, for the GmbH company type, the minimum charter capital requirement is 25,000 EUR.

The process of opening a bank account for businesses

• Prepare the necessary dossier including:
  • The company’s charter.
  • List of shareholders.
  • Decision on appointment of legal representative.
  • Identification documents of the legal representative.
• Submission of dossiers and contribution of charter capital: After completing the preparation of dossiers, enterprises shall submit dossiers to the bank and contribute charter capital to the account. The bank will then provide a written confirmation of the capital deposit.
• Receive a written confirmation: The bank will provide a written confirmation of the charter capital contribution to the account.

Preparation of company incorporation documents in Germany

Depending on the type of business you choose (GmbH, AG, etc.), the category of applications to be submitted may vary. However, here is an overview of what essential documents are needed:

• Personal profiles of founders/shareholders:
  • Valid passport
  • Proof of residential address
  • Judicial record
  • Residence permit/business visa: For non-European Union (EU) citizens.
• Documents related to the company:
  • Company Charter: The original has been notarized, clearly stating the business purpose, charter capital, and organizational structure.
  • List of members or shareholders: The original has been notarized, detailing the information of each shareholder.
  • Decision on appointment of executive director: The original has been notarized, appointing a legal representative for the company.
• Business plan
• Confirmation of the bank that the capital contribution has been completed

Applying for company incorporation in Germany

The process of applying for company registration at the Commercial Register (Handelsregister) is usually carried out through the assistance of a notary – as an authorized person, who will submit the application to the electronic Handelsregister system on behalf of the business. Since August 2022, Germany has implemented options to help simplify the registration process, bringing greater convenience and efficiency. You can visit the link below for reference: https://www.ihk.de/

Appraisal of dossiers and issuance of certificates

After the dossier is submitted, the Handelsregister agency will carry out the process of checking and verifying the company incorporation information. This process ensures that all documents and information provided are in compliance with the law. If the dossier fully meets the requirements and there are no errors, the company will be granted a certificate of incorporation.

Once the application is approved, information about the company will be widely published on the Handelsregister system and the Bundesanzeiger newspaper. This publicity not only shows transparency, but also a commitment to trust, making it easy for partners, customers and investors to access and verify information.

Declaration of commercial activities when setting up a company in Germany

Declaring commercial activities is an important step in the process of setting up a business in Germany.

Prepare your application

Required documents may vary depending on the type of business and regulations of each locality. However, this will typically include:

• Identification documents (passport, identity card).
• Business registration certificate (if any).
• Documents proving business address (location lease contract, certificate of ownership).
• License to practice (if necessary, e.g. for special professions such as restaurants, construction, etc.).

Submit your application

You can apply directly at the Local Business Registration Office (Gewerbeamt) or through local web portals (if applicable).

Get Certificate

After the application is checked and approved, you will receive a business registration certificate (Gewerbeschein). This is an important document that proves that you have registered your business legally.

Registration of a tax identification number when establishing a company in Germany

Prepare your application

• Business registration certificate.
• The company’s charter.
• Identification documents of the legal representative.
• Tax registration declaration.

Submit your application

Submit directly at Finanzamt or via the ELSTER web portal via the following link: https://www.elster.de/eportal/start

Get a tax identification number

After the dossier is approved, the business will receive a tax identification number.

If you need to support the procedure for establishing a company in Germany, please contact Viet An Law for the fastest support!