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Company incorporation stock corporation (Aktiengesellschaft)

Are you looking for an internationally common form of corporation with which you can take on new partners easily and without complicated formalities? Let us convince you of the advantages and structural possibilities of a public company. We assist you from the commission to the compilation of the founding documents and through to registration of the company foundation and entry in the Companies Register. Foundation by an authorised representative or trustee is also possible.

Minimum share capital
50000
Registration
yes
Verification according to the German Money Laundering Act (GWG)

As lawyers, we are legally obliged pursuant to Section 2 para. 1 no. 10 of the German Money Laundering Act (GWG) to establish the identity of our clients and to determine the beneficial owner of the mandate in certain areas of legal advice, e.g. in the formation or restructuring of companies or in real estate transactions. For this, we require your consent and cooperation.

Registered name (Firmierung)
Should a professional search for colliding trademarks, firms and domains be done?

Per default we check the registered name with the local Chamber of Commerce and the Commercial Register. Nonetheless the usage of the registered name could infringe older trademarks, registered names and/ or domains and lead to compensation claims. An elaborate search can significantly lower this risk.

Object of the company (Unternehmensgegenstand)
Share capital (not less than 50.000 EUR)
Registered address (Geschäftsadresse)
Shareholders (Gründungsaktionäre)
1st shareholder (name, birth date, address, number of shares)
2nd shareholder (name, birth date, address, number of shares)
3rd shareholder (name, birth date, address, number of shares)
Further details about the shareholders
Executive board (Vorstand)
1st member of the executive board (name, birth date, address)
2nd member of the executive board (name, birth date, address)
3rd member of the executive board (name, birth date, address)
1st member of the supervisory board (name, birth date, address)
2nd member of the supervisory board (name, birth date, address)
3rd member of the supervisory board (name, birth date, address)
Do you require assistance in opening the bank account of the company?

The decision to open the account is solely at the discretion of the banks, which also determine the formal requirements (e.g. for the personal appearance of the participants) as well as the costs of opening and ongoing provision of the account.

Registration of the company with the Transparency Register

Since 2017, the Transparency Register has existed in Germany, in which the company and its ultimate beneficial owners (UBE) within the meaning of the GWG (German Money Laundering Act) must be entered after formation. Ultimate beneficial owners include any natural person who directly or indirectly holds more than 25% of the capital shares or controls more than 25% of the voting rights.

Business registration

After the foundation is completed, the company must notify the local trade office of the commencement of business activities, unless the company only manages its own assets. The business registration is also a requirement for applying for a VAT ID.

* Required Fields

3,850.00 €

Task description

The stock corporation (Aktiengesellschaft – AG) is the most important company form internationally. This is a capital company in which the founding capital is divided into shares. The transfer of shares is normally easier than with other company forms. Public companies can also acquire new capital more easily than is the case with other company forms by the issue of new shares or bonds.

Company foundation process

The task for the foundation of the stock corporation is arranged so that even at the time of commissioning, you generally provide much of the information required for preparation of the founding documents. However, it is usually necessary for us to clarify in detail with you the data of the company, the founding partners and the organs of the company.

After commissioning, we first check the permissibility of the required company name by preliminary enquiries to the responsible court of registration and/or responsible chamber of commerce and industry. On request, we also check for conflicting brands, companies and domains.

Together with a notary, we then compile the founding documents on the basis of your information provided when commissioning us, which usually include the founding certificate, the founding report of the founders, the audit report of the Board and Supervisory Board and the application to the Companies Register. We agree the drafts with you, and if necessary explain the contents and consequences of the relevant regulations. If one of the founders is a foreign company, further documents are required for notarial certification. The court of registration requires confirmations that the foreign company exists, and who represents the foreign company. We will tell you which requirements apply in the individual case.

The actual company foundation takes place when the company foundation is notarially certified. The company exists from this moment, although only as a public company under foundation (AG i.Gr.) until entry in the Companies Register. After certification, the public company under foundation opens a business account, into which the shareholder or shareholders pay the capital investment assumed on foundation.

The newly appointed Board of the public company usually takes part in the certification meeting, and at this point signs the application to the Companies Register. The application to the Companies Register is submitted electronically to the court of registration as soon as the payment of the capital investment has been confirmed to the notary, and he is in possession of the required founding and audit reports.

Finally, the court of registration checks the application to the Companies Register and the foundation documents submitted, and if there are no objections, enters the public company in the Companies Register. The company suffix “under foundation” (i.Gr.) is omitted on entry.