You have made the decision: you are going to do business across the border. To start in Germany. Logical, because Germany is close by and is by far the most important trading partner of the Netherlands. And you want to do this with a GmbH, because a GmbH has several advantages compared to your Dutch BV. But how do you set up a GmbH? What steps do you need to take? Heisterborg International is happy to tell you more about it.
To begin with, we can reassure you. Establishing a GmbH is relatively simple and can be accomplished in a number of steps.
At least one shareholder is required to establish a GmbH in Germany. This can be a natural person or a legal entity. It does not matter whether that shareholder has Dutch nationality and/or resides in the Netherlands. A foreign company can therefore also be a shareholder of a GmbH. The GmbH must have a German business address and a local representative.
To establish a GmbH you must go to a German notary. For this you need a number of documents: a founding decision, articles of association (in German: Gesellschaftsvertrag) and a shareholders' register. To prepare these documents, you must provide the following documents/information:
To set up a GmbH you need a German bank account. The starting capital must be deposited into this account. The notary needs proof of this deposit in order to register the GmbH in the German commercial register.
Once the notary has received the statement from the bank, the GmbH can be registered in the German commercial register. This is done through the notary. He also registers the list of shareholders and the director. You will then receive a registration certificate from the Trade Register. The GmbH is a fact!
Finally, you must register the GmbH with the German tax authorities and the commercial office (in German: Gewerbe-/Ordnungsamt) of the municipality in which the GmbH is located.
Then you can start making your German dream a great success.
You can call us for advice, but we are also happy to help you with the necessary documents for incorporation, contacts with a German notary and the bank. And do you not (yet) have a German business address? Then we can advise you about this. Finally, we can take care of the accounting and tax advice for you, hire the first employees together with you, draw up employment contracts and take care of the payroll administration.
Please feel free to inquire about what we can do for you.
