Notes Following GmbH Formation

What happens next? Regarding the further procedure until the registration of the company in the commercial register, we would like to provide you with the following information:

Opening a Bank Account

You have received from us a scan of the articles of incorporation together with the commercial register application. With these documents you can now open a bank account in the name of the GmbH i.G. (in formation) at a bank of your choice. Should your bank require a certified copy in paper form, we will provide this to you at short notice upon request.

Payment of Share Capital (Stammkapital)

Next, the shareholders pay in the share capital that is due for immediate payment pursuant to the articles of incorporation. Please ensure that the payment/transfer clearly identifies which shareholder has made the payment and that the reference states "Stammkapital" (share capital).

Proof of Payment / Commercial Register Filing

As soon as the managing director has provided us with a bank statement of the company showing the payments, or a corresponding bank confirmation (by e-mail is sufficient), we will file the commercial register application. The registry court will process the application and send the company an invoice for the court fees (please ensure that the company is reachable by post at the address stated in the commercial register application).

Please be aware that fraudulent "invoices" or invoices for useless private registers are frequently sent to newly formed companies. You should not pay these. If in doubt, check with the Chamber of Commerce (IHK) or with us. In Berlin, payments are typically to be made to the Kosteneinziehungsstelle der Justiz (Court Fee Collection Office) to the account DE20 1001 0010 0000 3521 08.

Registration / Registration Notification

After the company has been entered in the commercial register (usually within approximately two to three weeks from the date of filing, provided there are no objections from the registry court and the court fees are paid promptly by the company), we will receive a registration notification, which we will then forward to you by e-mail. This completes the registration process.

Further Obligations

Please bear in mind that further obligations exist, such as reporting the beneficial owners to the Transparency Register (www.transparenzregister.de), the tax registration of the company (via your tax advisor or at www.elster.de), and, where applicable, business registration and obtaining any required trade licences. Further information on the procedure following the notarisation of the formation can also be found here at the German Federal Chamber of Notaries or your locally responsible Chamber of Industry and Commerce.