What legal aspects do I need to consider when founding a GmbH (limited liability company)?
May 18, 2024 | 80,00 EUR | answered by Renate Germer
Dear business law attorney,
my name is Daniel Hohenwarter and I am planning to establish a GmbH (limited liability company). I have some legal questions regarding this process and would appreciate your answers.
Firstly, regarding the current situation: I already have a specific business concept that I would like to implement in the form of a GmbH. However, I am unsure about the legal steps that need to be taken during the establishment in order to be legally compliant.
At the moment, I am not familiar with the formalities and legal regulations for establishing a GmbH. I am concerned that I might make mistakes that could have legal consequences.
Therefore, my question to you is: What legal aspects do I need to consider when establishing a GmbH? What steps are necessary to legally establish the GmbH and what documents need to be created? Are there any specific legal obligations that I, as the managing director of a GmbH, need to be aware of?
I kindly request your expert assessment and any possible solutions so that I can carry out the establishment of my GmbH in a legally correct manner.
Thank you in advance for your assistance.
Sincerely,
Daniel Hohenwarter
Dear Mr. Hohenwarter,
Thank you for your inquiry regarding the founding of a GmbH. It is very important that you inform yourself about the legal aspects in advance to avoid possible errors and to establish the GmbH in compliance with the law.
First and foremost, it is important to know that the founding of a GmbH in Germany is subject to certain legal requirements. The most important steps include the preparation of a notarized articles of association, registration in the commercial register, and the fulfillment of the minimum capital of 25,000 euros. In addition, the shareholders of the GmbH must be named and their respective shares determined.
Furthermore, as a managing director, you must comply with certain legal obligations. These include the careful management of business operations, compliance with legal regulations, and proper bookkeeping. As a managing director, you are personally liable for breaches of these duties, so it is important to familiarize yourself with the legal framework.
To legally establish your GmbH, I recommend contacting an experienced lawyer specializing in business law. A competent lawyer can provide comprehensive advice, prepare all necessary documents, and assist you with the registration in the commercial register.
In summary, it is important that you thoroughly inform yourself about the legal aspects before founding a GmbH and seek professional help if necessary to avoid mistakes and meet the legal requirements.
I wish you success in establishing your GmbH and am available for further questions.
Kind regards,
Renate Germer
Lawyer specializing in business law

... Are you also interested in this question?