About registration of business in Germany for clients from Russia and the CIS countries
Registration and full legal support of your business in Germany
Call to the expert:
+7 (812) 336-36-38
+7 (495) 781-60-54
Cost of services: the lawyer/adviser and full support of company registration — 3 300 euros + the VAT of 19 %.
The services included:
primary consultation by the Russian and German experts in St.-Petersburg and Germany;
initial visa support from German company;
meeting of the client in an arrival place in Düsseldorf and taking him to the hotel;
consultations of incorporators and directors in Germany (also after registration);
document preparation and processing;
selection of local director;
the legal address;
opening of bank account;
oral translations.
We can discount
and lower the cost to 2 900 euros + the VAT if you do not need the following:
the invitation and visa support from the German party (-200 euro),
opening of the bank account with the help of German company (-100 euro),
and if you have nominee of the director and the legal address (-100 euro) for company registration in Germany.
To the above specified cost of services are added:
+ the Notary 540—640 euros
+ State duties to 300 euros
= to 4 500 euros considering the VAT.
The authorized capital of the company (GmbH) makes 25 000 euros. In 2008 it is expected to be legislatively lowered to 10 000 euros. For registration it is enough for incorporators to pay half of this sum after opening bank account. “Nominal” director monthly fee depends on his qualification and functions and is from 300—450 euros a month. For such payment “secretarial” work is made, i.e consultations of the incorporator, mail processing, contacts with the accountant and the auditor, the control over observance of the tax reporting, oral translations for the incorporator, if necessary, etc. For comparison the wage rate of (not “nominal”) director in Germany starts from about 2 500 euros a month.
Work with the client is divided into 3 stages.
“Consultation” stage
First we have to find out what services the client is interested in to define cost. We give you the primary information. We conclude the contract on rendering services in registration and if necessary we analyze samples of constituent documents for use of the given information associated with company registration in Germany.
“Visa support” stage
For registration the client/incorporators should arrive to Germany. If you do not have visa the German party can arrange the invitation and incur responsibility for your stay in the country.
To prove your intentions and to begin our work you should make an advance payment 1 000 euros. This question is regulated in the written agreement with the client. If the German party does not arrange visa support for the client and he comes independently in this case we can discount 200 euros of a total sum. After receiving an advance payment we give the invitation and documents to the client.
If for any reason the client was refused in visa and on our petition or on the appeal of a lawyer for visa application we got a refusal from consulate/court then at this stage the work comes to an end. Whether the advance payment thus was in full or in part worked off is regulated in the agreement with the client.
There is no need for all incorporators to come to Germany for registration. Only one can arrive, for the others it is possible to have powers of attorney. There can be only 1 incorporator for company (Open Company). In this case he should bring the sum total 25 000 euros into authorized capital, which then can start its turnover.
Before your departure we have to co-ordinate with you the company name (3 variants), you should give us personal information on all incorporators (1:1 as in the foreign passport), their addresses (roman type), specify who from those will be the director (Geschäftsführer), to receive copies of foreign passports for preparation of constituent documents.
“Registration of company and account opening” stage
Right after arrival of the client to Germany/Dusseldorf the services on company registration are rendered to you. After the company entering in the trading register the client gets the invoice (by result). The advance payment is thus considered.
In Germany the clients should have money for residing, for payment of the authorized capital (or half, i.e 12 500 euros if there are two or more incorporators), to pay the notary services, duties and services on company registration. Non-cash transfer can be also used.
Terms
It takes one or two days to prepare the documents and test the company name (presence of incorporators in Germany is not necessary).
Notary signing of documents and their oral translation into Russian occurs on the 2nd or 3rd day, account opening this very day or on the following, placing of capital this very day or during the near future (all in the presence of incorporators). Since then the company can work, but before the entering into the trading register the responsibility of incorporators is unlimited. Registration term in the trading register can last as long as 8 weeks then responsibility of incorporators is limited by the authorized capital.
Thus, 3—4 working days from which 1—2 days the incorporators have to stay in Germany (or one incorporator with the power of attorney on behalf of other incorporators) are necessary for registration.