How can I as a founder optimally structure my GmbH?
January 3, 2023 | 40,00 EUR | answered by Christian Ahlert
Dear lawyer,
I am Bernd Albrecht and I am about to establish my own GmbH. I have already gained some experience in the business sector and am determined to set up my company on a solid foundation. However, I am now faced with the challenge of structuring my GmbH optimally to ensure long-term success.
At the moment, I am unsure which legal form is best suited for my company and how to design the articles of association most sensibly. I want to make sure that all legal aspects are taken into account and potential risks are minimized. Additionally, I want to clearly define the management and regulate liability issues.
I am concerned that a wrong structuring of my GmbH could have long-term negative consequences and therefore I would like to seek professional support. It is important to me that my GmbH is on a secure legal basis from the beginning and that I create the best possible conditions to successfully operate in the market.
Could you please provide me with specific recommendations on how to optimally structure my GmbH? Which legal form and articles of association are most suitable for my company? How can I clearly define the management and regulate liability issues? I would greatly appreciate your professional advice and support.
Thank you in advance.
Kind regards,
Bernd Albrecht
Dear Mr. Albrecht,
Thank you for your inquiry regarding the optimal structuring of your planned GmbH. It is very positive to hear that you are considering the legal aspects in advance and seeking professional support to establish your company on solid ground.
First and foremost, it is important to clarify which legal form is best suited for your company. For the establishment of a company in Germany, there are various legal forms available, including the Gesellschaft mit beschränkter Haftung (GmbH), the Unternehmergesellschaft (UG), or the Aktiengesellschaft (AG). In your case, the GmbH seems to be the appropriate choice as it offers limited liability for the shareholders and is well-suited for small and medium-sized enterprises.
To structure the GmbH optimally, it is advisable to draw up a partnership agreement. This agreement should include all important regulations and agreements, such as the amount of the shareholders' contributions, the distribution of shares, the management of the company, and decision-making in the shareholders' meeting. It is recommended to consult an experienced lawyer to ensure that all relevant aspects are considered and legally formulated correctly.
You can clearly define the management of your GmbH in your partnership agreement by specifying, for example, who will be the managing director, what powers they have, and how decisions will be made. Liability issues can also be regulated in the partnership agreement by establishing liability exclusions or limitations for the managing directors.
In summary, it is crucial to establish a solid legal foundation for your GmbH from the start in order to ensure long-term success. With professional advice from a lawyer specializing in corporate law, you can ensure that all relevant aspects are considered and potential risks are minimized.
I hope that this information has been helpful to you and I am available to discuss your individual questions and concerns.
Best regards,
Christian Ahlert
Lawyer specializing in corporate law
