A formação de uma GbR é simples. Apenas é necessário que pelo menos dois parceiros concordem com o estabelecimento da empresa e sejam solidariamente responsáveis pelas suas ações e dívidas que possam ser contraídas por esta. This legal form stipulates that the owner, with his company and private capital, is fully responsible for all the responsibilities of the company. The dealer can sign a company name. This name will then be entered in the German commercial register. Since 1 July 1998, the rules for incorporating a company have been considerably simplified. The name of the company can be chosen from the name of one or more owners (family business), the purpose of the company, a fictitious name or a mixture of all. An enterprise only needs to meet the following criteria: the enterprise may have distinctiveness and a distinctive emblem (name function); In addition, the company name must not be misled under any circumstances (e.g. GbRmbH). The company name must contain the legal form of the respective company, e.g. a suffix for the legal form in its full form or in a generally applicable abbreviation. The sole proprietor uses the addition „eingetragener Kaufmann e.K., e.Kfm oder die feminine Form e.Kfr“. A GmbH is a legal form of AG (public limited company) and KGaA (limited partnership).
The owner of a GmbH is called a shareholder. The main feature of the LLC is its limited liability – shareholders cannot be held liable for damages with their private assets. A gGmbH is the non-profit consideration of an ordinary limited liability company. The abbreviation GmbH stands for Limited Liability Company, which in German means „limited liability company“ or „limited liability company“. The limitation of liability offered by the legal form GmbH is the main reason why so many entrepreneurs choose this legal form for their company. The application for entry in the commercial register must contain detailed information about the foreign company and, as a rule, be accompanied by a certified copy of an extract from the commercial register proving the existence of the foreign company and the power of representation of the director and the board of directors, as well as the articles of association and articles of association. All documents must be in certified German translation and the notarized certificate must be certified. In addition, a share capital of 25,000.00 euros is required for the establishment of a GmbH in Germany. It can be provided in cash or in kind, i.e. through a contribution of assets to the enterprise. In the case of a cash incorporation, an advance payment equal to half of the share capital is sufficient for the GmbH to be registered and created as a legal entity in its own right.
The memorandum of association and articles of association must be notarized, as well as a number of operations, such as the transfer of shares, the issuance of shares and amendments to the articles of association. Many of these measures must be submitted to the commercial register, where they are examined by special judges or other bailiffs. This can be a tedious and time-consuming process, as in most cases the desired measures are not legally valid until they are entered in the register. The startup process is expensive. Normally, the formation of a new GmbH costs about 1000 € – 3000 €. [5] The LLC Act sets the minimum content of the articles, but it is quite common to have a variety of additional rules in the articles. [ref. needed] GmbH is the abbreviation of the German term „Gesellschaft mit beschränkter Haftung“. It is a suffix used after the name of a limited liability company in Germany (as opposed to AG, which is used to indicate a company). GmbH is the equivalent of „Ltd.“ (limited) is used in the UK and is the most common form of incorporation in Germany.
Limited liability means that a person`s financial liability is limited to a certain amount. In the case of the GmbH, liability is limited to the capital contribution of a shareholder. For a GmbH, the limitation of liability means that the company is liable for damages exclusively with its assets and not with the private assets of individual shareholders. The financial risk for the shareholder is much easier to calculate, as he is only responsible for the amount of the main registration, which is recorded in the articles of association of the GmbH. In order to save taxes on rental income, it is possible to create a real estate company. A limited liability company ([ɡəˈzɛlʃaft mɪt bəˌʃʁɛŋktɐ ˈhaftʊŋ], abbreviated GmbH [ɡeːʔɛmbeːˈhaː] and also GesmbH in Austria), which means „limited liability company“, is a very common legal form in Germany, Austria, Switzerland (where it corresponds to a limited liability company) and Liechtenstein. It is an entity that largely corresponds to the limited liability company in the United Kingdom and many Commonwealth countries and the limited liability company (LLC) in the United States. The name of the form GmbH emphasizes the fact that the owners (shareholders, also called shareholders) of the company are not personally responsible or credible for the debts of the company. [1] [2] The GmbHs are considered to be legal entities under German, Swiss and Austrian law.
Other variants are mbH (used when the term company is part of the name of the company itself) and gGmbH (non-profit company) for non-profit companies. There is no central business register in Germany; Instead, a company is registered with a district court where the company`s registered office is located or the GmbH has its registered office.
Komentari su zatvoreni.