There are generally no restrictions or extra requirements for foreign investors planning to establish a business in Germany. Germany supports freedom of foreign trade and payments, as laid down in the Foreign Trade and Payments Act (AWG).
A decisive step before setting up a company is the choice of a suitable legal structure. The following information on the formalities with regard to the foundation of each legal form gives you an initial idea of a suitable legal form for your business.
Every commercial enterprise must register its activities at its place of business. Freelancers are not required to register as a business, but must contact their tax office direct.
You require the following documents for business registration:
The Trade Office automatically informs the following authorities, with which you must also be registered: tax office, responsible employers liability insurance association, Chamber of Industry and Trade (IHK) or Chamber of Craft Trades (HWK), district court (commercial register), Trade Inspectorate (responsible for health and safety of your employees and customers).
The business registration fee is 40 €.
For more detailed information, please contact the staff of the Public Affairs Office or the business promotion team.
The commercial register is kept by the district courts and provides legal reliability for trading. The commercial register at the district court provides the public with information about the circumstances of the registered business enterprise. It includes information on who is allowed to represent a company and who is responsible for liabilities. It comprises two sections. Section A is for entering individual traders, ordinary partnerships (oHG) and joint stock companies (KG). Section B is for stock corporations (AG) and limited companies (GmbH).
The entry in the commercial register is usually made by a notary. Fees are payable to the district court for the entry in the commercial register. The amount of the fee for the court and notary depends on the number of shareholders and the share capital.
The Federal Chamber of German Civil Law Notaries offers a list of licensed notaries.
The electronic company register is “the” central platform for information about and for companies in Germany. Anyone wanting to know something about a certain company can obtain all the important data here that a company is legally obliged to disclose.
