I am Croatian citizen - as you heard, Croatia is full EU-member from July on. We are just to go register a GbR German local company. I found a GbR contract sample (www.frankfurt-main.ihk.de (www)). Notary say, that we must not add any notary on contract. Can you inform me what I must to do that my GbR will start to be fully active?
A civil law partnership (Gesellschaft bürgerlichen Rechts, GbR) is defined as an association of individuals or enterprises united in the achievement of a joint contractual purpose. It is suitable for start-ups launching a business idea in cooperation with others.
Formation of a GbR is fairly uncomplicated. At least two partners must agree on the establishment of the GbR and conclude a partnership agreement. A written partnership agreement is recommended, but is not compulsory. The GbR is not entered into the commercial register. If the GbR conducts trade in the form of a small trade business, it has to notify the local trade office (Gewerbeanmeldung). Depending on the specific activities carried out by the GbR, further specific registrations and/or licences may be necessary.
A registration in the commercial register via a notary (e.g. as a general commercial partnership - Offene Handelsgesellschaft, oHG) is necessary if the company carries out a commercial business operation. This is determined by criteria such as the use of commercial accounting, annual turnover, capital resources and total number of employees.
Quelle:
Germany Trade and Invest
- Gesellschaft für Außenwirtschaft und Standortmarketing mbH
September 2013
