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I am contacting you in order to express my interest in forming a company in Germany. I am an Indian national working in Dubai since four years and would like to know my options in forming a company in Germany. We are manufacturer and exporter of all kinds of equestrian and leather goods and have a company already in India. Kindly advise the process and cost involve in the formation of the same and what are my chances of getting a permit to do that. I can work as a freelancer or do I need to open a subsidiary to commence business. It would be a trading business or a brokerage firm importing goods from India and selling in Germany and covering all of the Europe. My wife is currently living in Germany as she has completed her PHD from there. This is one of the reasons as I want to take my business to Germany.

Antwort

Thank you for your inquiry and your interest in setting up a business in Germany.
In order to set up a business in Germany, you will need a residence permit for the purpose of self-employment (“Aufenthaltserlaubnis zur Ausübung einer selbständigen Tätigkeit”). If you are not yet living in Germany, you need to apply for a visa for the purpose of self-employed occupation at the competent German Mission in your home Country.

The German mission abroad will send your visa application to the foreigners’ authority (“Ausländerbehörde”) at your future place of residence in Germany. Please note that this process normally takes two to four months. Please note that there a several criteria which need to be fulfilled in order to obtain the residence permit for the purpose of self-employment. This depends on whether you work as a freelancer (“Freiberufler”) or set up a business as a self-employed entrepreneur (“Gewerbe”). Being self-employed or a freelancer makes a difference with regard to certain formalities and also has an impact in your company’s legal structure. Here you will find out more about the two different ways of setting up a business: www.make-it-in-germany.com

You normally have to pay a fee when you apply for a visa / a residence permit. The fee amount depends on your location, the duration and the purpose of your stay. A residence permit will cost you a maximum of 140 Euros. As a rule, the fee for visas is 60 Euros. Please ask your competent foreigners’ authority or mission about the fees you need to expect.

For further Information regarding setting up a business in Germany please visit the Website "Make it in Germany"

Source: Sarah Berger
Institut der deutschen Wirtschaft Köln e.V.
Januar 2016

Notice from the editor:

• Information on the setup procedure for business operations in Germany is available in the Investment Guide to Germany
• Investor’s Basics - Setting Up Business in Germany
• You will find English version of the business start-up portal at
  www.existenzgruender.de

With regard to the actual formation procedure, the local Chamber of Industry and Commerce (IHK) in the city of your choice is the first point of contact when intending to start your business in Germany. The IHK will be able to advise you on the required licenses, visa regulations, and so-called welcome packages that are available in the area. For finding the responsible IHK and arranging a meeting, please click on the respective city on the map.