Alfonso Llanes, Master Degree in International Development
Company formation in Germany is a 9-stage process, as follows according to:
· Check the company name at the local chamber of industry and commerce.
· Notarize the articles of association and foundation agreement.
· Deposit capital in a company bank account.
· Applicants must submit the articles of association to the Commercial Register.
· All new start-up companies must notify the Office of Business and Standards of their existence.
· After establishing the business, register with the relevant professional association.
· Notify the local labor office of the company's establishment, who then issue the company with an eight digit number, enabling the company to report social security.
· Register the employees for health and social insurance.
· After the trade office is notified of the company's activity, the Tax Office will mail a questionnaire to the company in request of the company's business data, which needs to be completed and mailed back to the Tax Office.
A few formalities and registration with the following authorities:
1. The Tax office (Finanzamt) - If you are offering a professional service, you only need to apply for a tax number from the tax office.
2. The Trade Office (Gewerbeamt) – Any other business must register with the Trade Office of the municipality in which the firm is situated. Registration requires:
3. Valid ID or passport
4. Residence permit
5. A Craft Card (Handwerkskarte) if you are setting up in business in the crafts sector.
6. The trade office will inform the corresponding authorities.
7. The Health Office (Gesundheitsamt) – If the enterprise is going to provide businesses services ssociated with catering or sale of foodstuffs. In the case of childcare, the Health Office and the Trade Supervisory Office will also examine the standards of hygiene of the workplace.
8. A Certificate of Good Conduct from the constabulary, and confirmation from the Chamber of Industry and Commerce that the start-up company has satisfactorily completed a program on hygiene and the handling of food.
9. The Construction Office (Bauamt) - If you wish to use spaces/locations previously used for other purposes than your future operations room, you will need to apply for a 'change in use', available from the relevant Construction Office. The planning of rebuilding work and of new buildings for commercial purposes must also be coordinated in good time with the construction office.
10. The Trade Supervisory Office (Gewerbeaufsichtsamt) - Find out in good time before operations commence whether the rooms you plan to use meet legal requirements.
11. The Occupational Accident Insurance Fund (Berufsgenossenschaft) -Is the statutory accident insurance fund for staff members and also - depending on the sector - for the self-employed. If you employ staff, you must insure them at the relevant BG. Depending on the sector; you may be required to insure yourself there as well. If not, you can insure yourself on a voluntary basis. Enquire at the Association of Occupational Accident Insurance Funds (Hauptverband Der Gewerblichen Berufsgenossenschaften - HVBG).
12. The Commercial Register (Handelsregister) - Unlike smaller businesses and companies organized as a GBR (Gesellschaft Burgerlichen Rechts), all companies must be enrolled in the commercial register at the local court (Amtsgericht). The commercial register is public and provides information about the company (name of company, name of owner, etc.).
13. The Chamber of Crafts (Handwerkskammer) – If the company is a member of the EU, there is facilitation and freedom to set up a business in the craft sector. The requirements for documentation of qualifications are based on EU law.
If self-employed and can’t produce experience documentation you can still register as a craftsman in Germany if you have obtained a qualification equivalent to the German master-craftsman certificate (Meisterprufung). One could also validate skills with a diploma, examination certificate or other proof from your country of origin. If the foreign certificate lacks evidence of required skills and knowledge, you can obtain these in an adaptation course or an aptitude test. Occupational experience alone is not sufficient for craft occupations within the health sector.
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