What legal steps do I need to consider in order to start a business?
January 7, 2023 | 80,00 EUR | answered by Daniel Netz
Dear Mr. Lawyer,
My name is Marco Kaiser and I am planning to start my own company in the field of IT consulting. I already have a business idea, conducted a market analysis, and created a business plan. Now, however, I am facing the question of what legal steps I need to consider in order to establish my company in compliance with the law.
Currently, I am unsure about which legal form is most suitable for my company. I would like to limit my liability and take advantage of tax benefits. Additionally, I am unsure about the requirements I need to fulfill for starting a business, especially in terms of business registration, commercial registration, and any necessary permits.
Furthermore, I am thinking about the necessary contracts I will need for my company, such as the articles of association, employment contracts, data protection agreements, and general terms and conditions. I want to ensure that all legal aspects are thoroughly considered to avoid any potential legal conflicts.
Therefore, my question is: What legal steps do I need to consider in order to establish my company in compliance with the law? Which legal form is most suitable for my company and what requirements do I need to fulfill for its establishment? What contracts are necessary and how can I ensure that my company is legally protected?
I look forward to your professional advice and support in establishing my IT consulting business.
Sincerely,
Marco Kaiser
Dear Mr. Kaiser,
Thank you for your inquiry regarding the founding of your company in the field of IT consulting. I am pleased to hear that you have already taken important steps such as developing a business idea, conducting a market analysis, and creating a business plan. Now it is important to consider the legal aspects of starting your business in order to set it up in compliance with the law.
First and foremost, it is crucial to choose the appropriate legal form for your company. In your case, as a sole proprietor, you may consider either a sole proprietorship or a GmbH. A GmbH could offer you the opportunity to limit your liability and take advantage of tax benefits. To establish a GmbH, you will need a minimum share capital of 25,000 euros and must register it with the commercial register.
There are several requirements to consider for starting a business. In addition to registering your business, you must also take care of registering with the commercial register if you want to establish a GmbH. Additionally, you should check if you may need any special permits, such as in the area of data protection or when providing IT services.
When it comes to the necessary contracts for your company, it is important to legally protect yourself. For example, a shareholders' agreement is essential to outline the internal regulations of your company. Employment contracts govern the relationship between you and your employees, while data protection agreements and general terms and conditions ensure that legal requirements are met and potential conflicts are avoided.
To ensure that your company is legally secure, I recommend seeking professional legal advice. An experienced attorney specializing in commercial law can support you in establishing your business, go through all necessary steps with you, and ensure that all legal aspects are taken into account.
I hope that this information has been helpful to you, and I am available for any further questions you may have.
Best regards,
Daniel Netz, Attorney specializing in commercial law
