Germany # 18 - 10 things to do when starting a business in Germany (napisy PL)
Germany is home to tens of thousands of companies ranging from small individual companies to large conglomerates In fact, much of the reason for the importance of Germany's economy on the world stage may be related to small and medium enterprises SME Mittelstand the German government is very open to the introduction of all types of businesses, whether it involves a German or a foreigner.
Here are some important things to know and consider when starting a business in Germany.
Types of Businesses Some people and companies that intend to engage in commercial activities in Germany may want to look into the establishment of a kind of corporate entity Companies that have no presence Germany may want to designate an agent to work on their behalf to help establish a consulting business society is essential to determine the best type of business structure.
Gesellschaft mit beschr nkter Haftung GmbH limited liability company is by far the most common form of business Under the shareholders are not personally liable for the debts of the company.
Just one person is enough to set up a GmbH with registered capital must be at least 25 000 A notarial agreement must be established between the shareholders and the legal existence of the company began only when he entered in the commercial register Handelsregister the name of the GmbH must come from either the objective of the business or the names of shareholders and must contain the additive put beschr nkter Haftung.
The shares of a GmbH are not incorporated in a certificate and can t be listed on the stock markets, however, they can be transferred in documents duly authenticated A GmbH must appoint one or more managing directors Geschichte FTSF hrer, which can also be shareholders of the company and are the only persons authorized to represent the company.
Aktiengesellschaft AG joint stock company, a company To set up one of these there must be at least five members The minimum capital required of shares is 50,000, and these actions are the only ones that may be, but not need to be listed on the stock exchanges Articles of Association authenticated by a court or a notary, are first required to set up a GA and it becomes a legal person when it was entered in the commercial register the name of the GA is usually taken for the purpose of the company and must show the words Aktiengesellschaft AG.
An AG must have a EXECUTIVE executive committee is empowered to decide all matters relating to the operation of the company and appointed by and responsible to the Supervisory Board Aufsichtsrat Shareholders of AG exercise their power to review its policies in the Hauptversammlungen regular general meetings.
Partnership offene Handelsgesellschaft OHG General Unlike GmbH and AG of a OHG partners have unlimited liability Each partner of the company is legally obliged to actively participate in the operation of the business unless the Gesellschaftsvertrag partnership agreement provides otherwise the OHG is an association can sue or be sued before a court of law the commercial code provides that decisions should be taken unanimously for internal matters, but the partnership agreements generally allow for majority decisions voices.
Limited partnership Kommanditgesellschaft KG This is essentially a partnership, but also provides a limitation of liability by having two types of partners The General Partner Komplement 1 r, which has unlimited liability which extends to his personal property, and 2 of which the limited partner limited partner responsibility covers only its nominal holdings in the company.
GmbH Co KG limited partnership with a limited company as general partner This combines a limited liability company with a limited partnership by the first, the only associate of Sponsors are, as in the case of all kgs not incurring the extent of their registered holdings.
T chtergesellschaft subsidiary company A non-independent physically separated from the parent company, and to some extent independent It usually has its own management, accounting system, the review procedure and commercial assets.
Zweigniederlassung Branch This is a non-independent shopping center, dependent in every respect on the headquarters, which is also responsible for the central administration.
The distinction between a subsidiary and a branch is important because it determines whether an entry should be made in the commercial register The distinction is also important for determining the existence of a place of business within the meaning of German tax law.
Free agents Freie Mitarbeiter are workers who take care of their own taxes and insurance or the company have the ability to use their services only when you need it, and pay them only if they do work and agreed relationship is easy to stop if things does unfold.
A full-time employee or part Angestellter hiring these employees will place a number of obligations on you or the company The employer must, among others, deduct taxes and pay their insurance premiums, give them a certain amount of vacation every year, and observe the laws that protect against arbitrary dismissal premiums for the German national pension, unemployment and health insurance programs are borne equally by the employer and half of employees of each premium is deducted from the employee's salary, the other half will be added to you and then sent to the appropriate agency and company health insurance.
Temporary workers agencies are becoming increasingly popular as a source for workers in Germany You can read our article here.
Major concern to Taxes include Gewerbesteuer municipal business tax and the tax on value added Mehrwertsteuer plus the income tax, solidarity tax and employees of church tax.
You may also be subject to corporate tax K rperschaftsteuer if your business is incorporated.
Gewerbesteuer is levied on corporate profits by local authorities, and varies somewhat from community to community is usually about 18 percent.
The Mehrwertsteuer or VAT assesses a levy on each stage of the production and delivery process you will be asked to add to what you charge for each item you sell to your customers and every service you perform for them, and send money regularly to the tax authorities VAT is either 19 or 7, as the medical article, banking and insurance services are generally exempt.
The solidarity surcharge, a $ 5 5 tax on the income of a person, covers the cost of integrating the former East German states of the church tax of 8 or 9, is to be paid only if the taxpayer chooses to remain officially affiliated with one of Germany established churches you will then deduct income, solidarity and employee pay church taxes and send it to the tax office.
You will be subject to the 15 K rperschaftsteuer now gains, if you choose the AG or GmbH form of organization There are benefits to incorporation, including limiting your liability for business debts is considered Gewerbesteuer as one of your business expenses and therefore deductible from K rperschaftsteuer.
If you want to move to Germany and be independent and you meet certain criteria, you will most likely be issued a residence permit for you and your family if you can show that your business will have a positive effect on the German economy.
This criterion is usually related to the type of business, your qualifications and whether or not you can do something that could be done by a German national or other eligible resident Local Foreign Office most likely ask some documents and may well check with the local Chamber of commerce or other organizations to see whether or not your business is fairly specialized and economically viable if your business is acceptable, you may be issued a residence permit.
It is strongly advised to consult experts in the field of residence permits and experts in the work in school, trade and tax laws before becoming self-employed in Germany.
If your company grow and achieve a certain level of revenue or profitability that you can consider incorporating in Germany.
For more information on self-employment, see our article on this subject.
Much of the activity in Germany, contrary to other industrialized countries, is conducted by small and medium enterprises SME Mittelstand In one recent lists two thousand largest companies in the world Forbe , 252 and 564 were Japanese American.
Only about 50 of the largest companies were German, which means that the Mittelstand is the engine of the German economy in Businesses are often family with a dominant founder or manager they have a caring attitude towards employees, which, in turn, are exceptionally well qualified and motivated in the past much of their work was done locally, and relationships with their customers and were close to their market success was based more on quality than price.
The concept of the Mittelstand dates back to medieval times and is linked to a long tradition of craftsmanship Today it is one of the foundations of the middle class and why the phrase Made in Germany is a registered quality for over a century.
Because there is no official definition of this term and no satisfactory translation, it is difficult to demonstrate statistical significance It s widely accepted to mean a business employing between 10 and 500 people and having an annual turnover 50 million or less than the estimates vary sources, but a consensus has there about 3 7 million Mittelstand companies in the country, producing anywhere from 35 to 45 percent of the national product gross, the creation of 50 to 70 percent of jobs in Germany and providing more than 80 percent of apprenticeship and other vocational training opportunities.
Mittelstand companies tend to concentrate in the industry, trade, skilled trades, professions and service industries as technology, construction, transportation, retail trade and the activities of the hotel and the restaurant.
Individuals or companies wishing to set up in Germany should seek expert advice on legal, tax and accounting issues This review is available from private companies also several German government agencies have information in English on their websites and a number of downloadable brochures in English as offer tips and advice on corporate settings, self-employment and a range of other subjects to do business in Germany.
You can find information and details on private companies that advertise their business development services on this site in the links below Storefront.
The Federal Department of Economic and Energy Ministry has English help for those who want to be independent at this link.
Another site in English led by three federal ministries of Economic Affairs and Energy, Social Affairs and Labor and the Labor Office information for professionals and entrepreneurs.
You can also get advice on starting a business of one of the dozens of chambers of commerce and industry Industrie- und Handelskammer, IHK that are located throughout the country.
Deutscher Industrie und Handelskammertag DIHK Breite Strasse 29 10178 Berlin Tel 030 20308-0 Fax 030-20308-1000.
The organization also represents 120 German bi-national chambers of commerce and industry abroad.
Artisans should consult local Handwerkskammer Chamber of Craft.
If you are unemployed, the Labor Agency Agentur f r Arbeit can grant you a workshop on how to start a business information on this and more is advisor in English on their website.
Visit our residence permit Legal Services Storefronts.
How Germany Starting a Business in Germany, germany, startup, business, beschr nkter Haftung.