Pregătirea pentru numirea unui notar în vederea constituirii unei societăți în Germania

When forming a company in Germany, it’s important to understand that the process can only be completed with the assistance of a notary. Therefore you should be prepared before contacting a notary with the right answers to common questions when registering a GmbH or UG in Germany. In this blog post, we will guide you through what you need to prepare before the notary appointment and what to expect during the appointment.

Before The Notary Appointment

1. Choose the legal form and share capital. The first step when forming a company in Germany is to choose the legal form suitable for your business. The most common legal forms are GmbH (limited liability company), UG (entrepreneurial company), and AG (public limited company). It’s important to note that the required share capital varies depending on the legal form you choose. We have summarized the key details in this blog post, which can help you make the decision easier.
2. Choose a unique company name The company name is an important aspect of the formation process. It needs to be unique, meaning it cannot be the same as any other registered company name in Germany. Before deciding on a name, it’s important to check the database of registered company names to ensure that the name you choose is available and not registered as a trademark. We have created a guide on how to check for the right name, which you can refer to.
3. Decide on the directors and shareholders. The next step is to decide how many directors and shareholders your company will have and who they will be. The directors are responsible for managing the company and making important decisions. It’s important to note that at least one director needs to have a registered address in Germany.
4. Choose what needs to be inserted into the shareholder agreement. The shareholder agreement is an important document that outlines the rights and obligations of the shareholders. Notaries usually use template agreements, but deciding what needs to be inserted into the agreement before the appointment is important. A notary can propose solutions for every requirement before the appointment and guide you in achieving them efficiently.
5. Get an office address. Before the notary appointment, you must have a registered office address for your company. You must also send the rental contract to the notary as proof of the address.
6. Send all documents to the notary. To prepare for the notary appointment, you must send all the necessary documents to the notary, including a copy of your passport and address proof of all shareholders and directors.

During The Notary Appointment

• The notary will read aloud the shareholder agreement, and if you don’t speak German, a translator is required to ensure you understand all contents’ details. You should also consider booking a translator and coordinating that with the notary appointment.
• If everything is correct, you will sign the agreement.
• The notary will then announce the trade register and send it for registration.
• After the registration, you will receive two certified copies of the company documents. These copies are essential for further steps, such as opening a bank account or applying for a VAT/tax number.

You see forming a company in Germany involves various steps and preparations from your side. By following these guidelines, you can be well prepared for the notary appointment, avoiding negative surprises. To avoid making mistakes in a foreign country within the company formation process, you should check our stress-free service for foreign clients with same-day opportunities. Remember, the certified copies of the company documents you receive after the appointment are essential for further business steps like getting a bank account or applying for a VAT/ tax number.