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The German Act to Modernize the Law Governing Limited Liability Companies and to Combat Abuses (Gesetz zur Modernisierung des GmbH-Rechts und zur Bekämpfung von Missbräuchen [MoMiG)]) came into force on 1 November 2008. This has introduced some important changes, particularly with regard to the formation and transfer of shares in a limited liability company (GmbH). With the "Unternehmergesellschaft (haftungsbeschränkt)" (entrepreneurial company [with limited liability]) a new "entry-level variant" of the GmbH has been created, which manages with a share capital of less than 25,000 euros, but is subject to specific restrictions (see Client Information on the "Unternehmergesellschaft"). The legislature has further introduced a simplified formation procedure with a legally regulated standard record primarily for the formation of one-man corporations having a low share capital. The standard record offers savings on notary fees, but has serious weaknesses content-wise (see Client Information on the Standard Record). Furthermore, the MoMiG significantly increases the importance of the list of shareholders, which every shareholder and every "Geschäftsführer" (managing director ) of a classic "GmbH" or "UG (haftungssbeschränkt)" should know. You will find an overview of the various types of a "GmbH" formation here: (Client Information on the Forms of the GmbH in comparison). Please note that this information is furnished without any responsibility and is no substitute for specific individual counselling. We shall be pleased to assist you. |
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