What are the legal requirements for starting a business?
August 21, 2023 | 85,00 EUR | answered by Renate Germer
Dear lawyer,
My name is Gerald Zellmer and I am planning to establish a company in the field of IT consulting. As a prospective entrepreneur, I am aware that there are a variety of legal requirements that I must consider when starting my business.
Regarding my current situation: I already have a business idea, a business model, and some potential clients. Now I am faced with the question of which legal steps I need to take in the process of establishing my business in order to successfully implement my project.
I am currently concerned that I may overlook important legal aspects that could lead to problems later on. Therefore, I am reaching out to you to gain clarity and ensure that I meet all legal requirements.
My specific question is: What legal requirements do I need to consider when starting my business in the field of IT consulting? What steps are necessary to legally set up my company and what documents or permits are needed?
I would greatly appreciate it if you could provide me with a comprehensive overview of the legal requirements for establishing my company and suggest possible solutions to ensure that I consider all legal aspects.
Thank you in advance for your assistance.
Sincerely,
Gerald Zellmer
Dear Mr. Zellmer,
Thank you for your inquiry regarding the establishment of a company in the field of IT consulting. It is very important to inform yourself about all legal requirements in advance to avoid future problems. Below, I will provide you with a comprehensive overview of the legal steps you should consider when starting your business.
First and foremost, it is important to determine the legal form of your company. For your venture in the field of IT consulting, establishing a GmbH (limited liability company) may be advisable, as this legal form provides liability limitation for the shareholders. You will need to draft articles of association and have them notarized.
Furthermore, you must register your company with the relevant trade office and apply for a tax number. Since you will be operating in the IT consulting sector, you should also check if you require a special professional license, such as membership in a specific professional chamber.
To legally protect your business, I also recommend creating General Terms and Conditions (AGB) that regulate the legal framework for your customers. Additionally, you should familiarize yourself with data protection regulations and ensure compliance with the requirements of the General Data Protection Regulation (GDPR).
You should also research potential insurances for your company, such as professional liability insurance, to protect yourself against potential liability claims.
Additionally, I recommend informing yourself about the tax obligations for your company, such as VAT and income tax. It may be beneficial to consult a tax advisor to ensure compliance with all tax requirements.
Lastly, it is important to carefully review and, if necessary, legally revise all relevant contracts with your customers and partners to best protect your interests.
I hope that this overview is helpful to you in establishing your company in the field of IT consulting. If you have any further questions or need assistance, please feel free to contact me.
Sincerely,
Renate Germer
Attorney specializing in Business Law
