|
We would be glad to answer all Your questions individually prior to and after the purchase. However, the most frequently asked questions (FAQ) are listed and annotated to Your convinience below.
General Questions
» Banking account
After payment of the purchase price the new management has full acess to the Banking account. The new managing director must legitimize themselves by a certificate that we will deliver during
transaction. Additionally the managing director has to show a valid passport and a confirmation from the resident´s registration office that place of residence is in germany. In many
banks it is possible to have accounts in foreign currencies.
» Revenue Service
The companies dispose usually of a tax-registration-number. So business can start immediately after the transaction.
» Documents
We will deliver all original documents, Articles of Association, by-laws etc. right after payment. Copies can be verified prior to the purchase.
» Registration of Business
According to the transaction the managing director has to register the company at the local office for public order, called „Gewerbeamt“. Some branches require a permission. Don´t
hesitate to contact us in advance if You have any questions on this subject.
» Chamber of Skilled Crafts or Commerce
In many cases, companies offering skilled crafts need to be recognized by the Chambers of Skilled Crafts (Handwerkskammer). In many professions, this requires a master craftsmen certificate,
a high qualification in the skilled crafts. All other aliens can go through the „exception granting procedure“ in Germany to receive a permission. The submission of certificates
usually suffices. For most branches Your new company has to be a member of a Chamber of Trade or Commerce by law. The appropriate chamber will contact You by time.
» Payment
The purchase price can be settled in several ways:
- by cash,
- by cashless bank transfer,
- by bank-confirmed cheque,
- by a guarantee of a well reputed attorney or notary.
Questions on Company Formation
» The Gesellschaft mit beschränkter Haftung (GmbH)
[limited liability company]
The GmbH dominates the German corporate landscape. It is particularly attractive to those who want to give their business a legal form that can be flexibly structured.
The GmbH is an corporate body with legal personality separate from that of the proprietor(s). It is subject to corporate tax. The proprietors are not liable for the corporation´s debts
and liabilities.
The minimum capital is 25.000 EUR and shares need to be divisable by 50,00 EUR.
To be incorporated the GmbH has to be registered in the local commercial register. If You want to change the statuatory seat to another city, we will care for the registration in another
local commercial register.
The incorporation usually takes between four to six weeks - a time period, You can save by purchasing our prefounded companies.
The managing director has to care for an current list of shareholders.
All changes in the Articles of Incorporation and transfers of shares need notarial form.
» The Akiengesellschaft (AG)
[stock corporation]
The AG is an corporate body with legal personality separate from that of the shareholder(s). It is subject to corporate tax. The shareholders are not liable for the corporation´s
debts and liabilities.
The minimum capital is 50.000 EUR and shares need to be divisable by 1,00 EUR.
To be incorporated the AG has to be registered in the local commercial register. If You want to change the statuatory seat to another city, we will care for the registration in another local
commercial register.
The incorporation usually takes between four to six weeks - a time period, You can save by purchasing our prefounded companies.
All changes in the Articles of Incorporation need notarial form. The purchase of shares has no formal reqirements.
The AG is governed by a board of managers (min. of one manager) (Vorstand) and the supervisory board (min. of three persons) (Aufsichtsrat).
The board of directors is to be voted by the supervisory board and subject to strict non-competition and conflict of interest rules.
The shareholders have to assemble at least once a year.
» The Kommanditgesellschaft (KG)
[Limited Partnership]
At least one of the partners is personally liable without limitation(general partner, "Komplementär") while others are liable only with their monetary contribution(limited
partners, "Kommanditisten").
There are no legal requirements for the amount of the capital to be payed by the limited partners. All limited liable partners are registerred in the public commercial register with the amount
of their liability, otherwise they are fully liable.
The Limited Partnership is not subject to income or corportate tax. Profit and loss have direct effect on income tax of each partner.
» The GmbH & Co. KG
[Limited Partnership with a limited liability company as a general partner]
A GmbH and a KG can be combined to create a GmbH & Co. KG, a special form pupular because it minimizes the liability risk.
The fully liable partner (general partner) can be a limited liability company (GmbH) or a stock corporation (AG). Other combinations with i. e. foreign companies are allowed if suiting certain
requirements.
Questions on Taxation
» Which taxes does my enterprise have to pay?
Business tax and sales tax have to be paid by all enterprises.
If your enterprise is a capital company (limited liability company or corporation), it has to pay corporate tax, the partners or owners of partnerships or one-man businesses have to pay income
tax.
Probably, you will come across other taxes to be paid; these are much dependent on the specific situation of the enterprise. Therefore we would like to advise you to make use of a competent
tax consultant’s help.
» Business Tax
The business tax is a municipal. The business tax has to be paid by all commercial enterprises.
What is raised by this tax are the so-called trade earnings ("Gewerbeertrag") calculated from the business profits. The exact calculation of the business tax runs according to a
rather complicated procedure.
The level of the business tax depends on the particular local business tax collection rate ("Gewerbesteuerhebesatz") which will be fixed by each municipality on its own.
» Sales Tax (V.A.T) - What is the sales tax?
The sales tax is raised on the whole private and public consumption. For the purchase of goods and services, the sales tax has to be paid in addition to the actual price received by the
seller.
Accordingly, the sellers have to add the sales tax to the actual selling price each time they sell something and have to pay it afterwards to the local tax office.
At the same time, the enterprise can subtract the sales tax of ist own tax liability. This is the sales tax already paid by the enterprise itself, for instance for the purchase of production
goods.
» Corporate Tax - Who has to pay corporate tax?
The corporate tax is the profit tax for legal persons, that means in business: for capital companies (limited liability companies, corporation).
» What is subject to tax?
The corporation tax is subject to the profit of business activities. What counts as profit is the surplus of business revenues in comparison with the business expenditures.
» What is the level of the corporate tax?
There is a uniform tax rate of 15 % in 2008 (25 % in 2007).
Any questions? Contact us! info@confidenta.de
|
deutsch | Impressum