|
|
|||||||||||||
| ||||||||||||||
|
|
|
|
|
|
|
Companies and legal forms |  |
|||
|
|||||
|
|
||||
AG, GmbH, KG or GmbH & Co. KGIt is often not easy to choose the right legal form for your company. Tax questions, the liability of the governing bodies, or financing requirements may influence your choice. And experience shows that frequently the initial decision must be revised at a later date at a high cost in time and money. Mergers, corporate transformations, and new start-ups are the consequence. How many GmbHs (limited liability companies), which were originally founded solely to limit the liability and protect the private assets of the managing shareholder, later hold large amounts of real estate or fixed assets and thereby carry the desired protection to the level of absurdity. Good, strong advice is indispensable here. Many company founders think of the GmbH first and overlook the many advantages offered by the so-called "small corporation" [kleine Aktiengesellschaft]. The advantages are not only the flexible shareholding structure for purposes of corporate succession, raising capital, and inheritance, but also, of course, the fact that the Management Board of an AG is exempt from social insurance contributions. Small AGs are as easy to manage as GmbHs and, at the same time, are more acceptable to business partners and customers than GmbHs. FORATIS AG knows the "day-to-day workings" of an AG and would be glad to give you good, practical information. The GmbH [limited liability company] - of which there are millions - is our "everyday business." It is the tried and true instrument to allow the sole proprietor to limit his liability. It is chosen as a simple legal form for start-up companies, as an operating unit for medium-sized companies, as a member - or parent - of a corporate group, or, finally, as the general partner of a KG. It is omnipresent in economic life. The GmbH Act provides enough flexibility that a tailored solution can be found for almost all needs. This applies both to the service provider who wants to avoid personal liability and to the businessman who would like to withdraw from active participation in the business but continue to exert influence. The KG has become rare in Germany. Here the personal liability of the general partners is in the fore. Now and then it is a conscious choice in order to take advantage of trust in business transactions. This is the case when everything depends on the high personal integrity and trustworthiness of the owner of the company. But anyone who would like to choose a partnership - for example, to avail himself of its flexibility for structuring a family company - but would also like to avoid personal liability, would benefit from the legal form of the GmbH & Co. KG (limited partnership with a limited liability company as the general partner). 
Foreign corporate formsThe GmbH and the AG remain the first choice for the operating units of German companies. Nevertheless, there is more and more reason to also consider a European company. The case law established by the European Court of Justice makes it possible to use corporate forms from other European countries in Germany - even when business activities are conducted solely from Germany. Anyone who values the anonymity of being a shareholder, a flexible shareholding structure, asset protection or tax advantages, and at the same time would like to reduce his personal liability to zero, should look into the purchase of a foreign company as an alternative.Therefore, FORATIS AG will, upon request, provide you with various European corporate forms, such as the Swiss or Liechtenstein corporation or the Spanish S.L. Of course, FORATIS AG can also provide you with an English limited company (Ltd.), which is currently in favor, together with special services, such as consulting and on-site office support. More than 10,000 English Ltds. now have their registered offices in Germany. 
Regardless of which legal form you choose, FORATIS AG will provide you with a new and fully operational company that conforms to your specifications, and, if desired, with a second branch recorded in a German Commercial Register. If necessary, we would be glad to provide you with a company registered office in another country and on-site administration (FORATIS Support Service), so that your company can have a presence in Germany or abroad. Would you like to purchase a German or European company from FORATIS AG? Call us or send a fax or e-mail. We will contact you immediately.
|
|
||||
|
|||||
|
|||||
