Legal start-up advice

Business start-up compact

  • The choice of the "right" company form has a variety of implications from both a legal and an economic perspective.
  • A lawyer is not absolutely necessary when founding a company, but professional advice helps to avoid problems in advance.
  • A growing company should continue to regularly review whether a change of corporate form may be worthwhile.
  • You should be aware of all the consequences, especially when setting up the popular GmbH.
Lawyer company formation /foundation Munich

WHAT CAN I DO FOR YOU AS A LAWYER WHEN SETTING UP A COMPANY IN MUNICH?

Whether you are an experienced entrepreneur or a real "start-up" - with many years of experience in company law, commercial law and labour law, I can support you in almost all legal matters when founding your company as a lawyer in Munich. Successfully planning and implementing the establishment of a company, avoiding risks, laying the foundation for sustainable economic success together - that is our offer and our objective.


YOU CAN TRUST US WHEN IT COMES TO COMPANY FORMATION AND FOUNDATION

  • Specialist advice
  • Short-term appointments
  • Always there for you

Contact us for legal advice/initial consultation - in person, phone, video call.

MANY IDEAS, LITTLE CAPITAL


GMBH FOUNDATION WITH LAWYER

Entrepreneurial spirit, motivation, courage - the most important prerequisites for the future entrepreneur when setting up a business. When starting a business, the available capital is often limited. Accordingly, many founders are happy to forego detailed legal advice in this important phase, often risking expensive or even irreversible mistakes. The legal hurdles and pitfalls associated with setting up a company in Germany should therefore not be overlooked despite all the enthusiasm. The legally relevant subject areas in the context of start-up counselling are more diverse than it might appear at first glance. Contract law, labour law, trademark law, the sensible choice of legal form, copyright law of course, but nowadays internet law is also playing an increasingly important role when seeking comprehensive legal advice on setting up a company. In addition to these core areas, there are numerous other areas of law that can be affected depending on the specialism.

TASKS WITH LEGAL RELEVANCE WHEN FOUNDING A COMPANY


In practice, there are many steps involved in setting up your own company - but you really just want to concentrate on your core business. In addition to professional advice, an experienced legal advisor can also make your life easier with concrete implementation. When drawing up business plans for banks or lenders, making entries in the commercial register and compulsory memberships, drawing up contracts for partners, customers and external consultants or even contracts for renting offices or commercial space, your lawyer can take a lot of work off your hands and give you valuable time and freedom. In addition, we can often provide you with valuable tips and assistance on funding programmes or special contacts.

START-UP CONSULTANT AND/OR LAWYER FOR COMPANY FORMATION?


It is important to understand that a lawyer is generally not a start-up consultant, but naturally remains focussed on the legal aspects. Start-up consultants are more concerned with financial basics, introduction to existing networks and avoiding basic entrepreneurial mistakes. Thanks to my experience as a business economist (MBA), however, I can of course also offer a lot of valuable advice and assistance outside the legal field in practice, or facilitate co-operation with other start-up consultants. However, start-up counselling (e.g. IHK) should be an integral part of every new entrepreneurial start.

GMBH FOUNDATION WITH LAWYER


GMBH FOUNDATION WITH LAWYER

The GmbH is still the most popular form of company in the German-speaking world because it offers shareholders many advantages. However, it is important to be aware of all the consequences and requirements and, based on this, decide whether the GmbH really is the best option for you.

There are fundamental questions at the beginning of the formation of a GmbH. Who will be the shareholders of the GmbH, can the necessary share capital be made available, what are the formation costs, who will be the managing director and are articles of association required? Basic knowledge of commercial law, tax law and the provisions of the GmbH Act are of course an advantage. Even at this early stage, an experienced lawyer for GmbH formation can provide comprehensive expertise.

LEGAL SERVICES FOR COMPANY FORMATION


  • Choice of the appropriate company form / legal form
  • Drafting articles of association and partnership agreements
  • Drafting general terms and conditions, licence agreements, employment contracts, etc.
  • Legal certainty against warnings and breaches of competition law (infringement of competition)
  • Copyright and trade mark law for company founders
  • Marriage contracts and wills for company founders and entrepreneurs
  • Advice and representation in the event of divorce
  • Drafting contracts for company acquisitions or takeovers

Frequently asked questions on the topic of business start-up and company formation


The usual legal forms/company forms in Germany are

  • Sole proprietorship
  • GmbH - limited liability company
  • GmbH & Co KG
  • GbR - partnership under civil law
  • e.K. - registered merchant
  • OHG - General partnership
  • KG - Limited partnership
  • AG - public limited company

For certain professional groups (e.g. architects, doctors, auditors, interpreters, etc.) there is also the option of operating as a freelancer. Which legal form is most suitable for them must be considered individually. A business consultant, tax consultant or lawyer is the right person to contact here.

The choice of legal form has legal, tax, financial and personal implications. The advantages and disadvantages of the individual company forms must be considered individually. Is my company risky? How many people are involved and who manages the company? How much equity is required and how good should the credit rating be? All these and more are the questions that everyone has to answer for themselves when setting up a company. An experienced advisor (e.g. a lawyer) can provide targeted help here.

Well-drafted general terms and conditions (GTCs) help the entrepreneur in many ways. Business contracts are governed by the provisions of the German Civil Code (BGB) or the German Commercial Code (HGB). As an entrepreneur, general terms and conditions allow me to apply these regulations in my favour, insofar as the legal framework permits. Likewise, recurring delivery or contractual conditions can be formulated in the GTCs so that they do not always have to be explicitly stated in every contract. GTCs also ensure transparency for the customer, as they can find out about specific terms and conditions in advance.

Depending on the content of the company, many areas of law can already come into focus when the company is founded. In particular, topics such as trade mark law and copyright law, which are so important today, should be mentioned here. Shareholder contracts and agreements are particularly important if several people are involved in the formation of the company. But of course, a new company usually also needs properly drafted employment contracts for future employees. The private environment can also be unexpectedly affected by the founding of a company. The adaptation of marriage contracts or wills should not be forgotten here.

Why WE

Experience and expertise in corporate law

Expertise is not about holding titles - it is about constant, professionally correct, practical work over many years.

Strategy

Every case is different - as a lawyer, every case requires its own individual approach in order to do justice to the subject matter and the client.

Communication

Legal standards alone do not solve cases - efficient communication between lawyer and client, but also with the opposing party, ensures real results.

Experience as a lawyer

Serving various areas of law with specialised lawyers to represent personal and economic interests.

Get in touch with us

We stand for personal advice, constant availability and professional expertise when it comes to company formation in Munich.

+49 (89) / 139 284 10