Starting a business can be an exciting time, but there are also many legal aspects to consider when starting a business. Here is an overview of how a company formation works from the point of view of a lawyer. In addition, it should be shown how a lawyer can accompany the founding of a company.
The steps involved in setting up a company may vary depending on the legal form chosen. This is a general step-by-step guide:
Step-by-step on how to set up a company
Develop a business idea and create a business plan
Before starting a company, you need to have a clear idea of what product or service you want to offer and how you want to position it in the market. A business plan helps flesh out that idea and define key aspects such as the target market, funding, and strategic goals.
Choice of legal form when founding a company
Depending on the business plan and individual needs, you must select the appropriate legal form. In Germany, the most common legal forms are the sole proprietorship, the GmbH (limited liability company) and the GmbH & Co. KG. The oHG (general partnership) and the AG (stock corporation) are also common. Each legal form has certain advantages and disadvantages, which is why it is advisable to seek professional advice on this.
Creation of the articles of association
The articles of incorporation are the central document when founding a company. It lays down the basic rules for cooperation between the shareholders, defines the purpose of the company and regulates the capital structure. This document should be drafted carefully to avoid future conflicts. In the case of GmbH and AG, the articles of association must be notarized. In the case of the oHG and limited partnership, signing the articles of association is sufficient.
Other contracts related to founding a company
Contracts are not only important for internal regulations, but also in the relationship with suppliers, customers and employees. They define business terms, protect company interests and help avoid conflicts by setting clear expectations for all parties involved. In the start-up process and beyond, they are therefore essential for smooth operation. These include, in particular, employment contracts for managing directors and senior staff, other agreements between the shareholders, the rental contracts for the business premises or general terms and conditions.
entry into the commercial register
After the articles of association have been drawn up and signed, the company must be entered in the commercial register. This step is necessary to establish the legal personality of the company.
bank account
Of particular importance is the company's bank account. In the case of the GmbH and the AG, the payment of the share capital or the share capital must be paid into the bank account of the company, not a bank account of the shareholders. The notary may not register the GmbH or AG with the commercial register beforehand.
business registration
As soon as the entry in the commercial register has taken place, the trade must be registered with the responsible trade office. Among other things, information about the company, the owners and the activity of the trade must be provided.
tax office and social security
After the business registration, the tax office must be informed about the founding of the company. The tax office then assigns a tax number under which the company is managed for tax purposes. The necessary steps must also be taken with regard to social security.
Company insurance
It is important to insure the company against possible risks. Depending on the type of company, this can be, for example, public liability insurance or business contents insurance.
business opening
Once all the administrative steps are completed, you can open your store and start operating
Please note that this is a general guide to company formation and specific requirements may vary depending on the legal form and type of company. It is therefore advisable to seek professional advice from a lawyer when setting up a company.
The role of the lawyer in the formation of a company
A law firm or a lawyer is an indispensable partner throughout the process of founding a company. Be it when choosing the appropriate legal form, when drawing up the articles of association or when registering the company. A specialized lawyer can use his expertise and experience to ensure that all necessary steps are carried out correctly and legally.
Advice from a lawyer on founding a company
Consulting is an essential aspect of the company formation process. Not only legal knowledge is important here, but also an understanding of the business aspects and the goals of the founder. A lawyer can therefore not only help to avoid mistakes and minimize risks, but also help to fully exploit the potential of the company.
Long-term support from the law firm
The support of a lawyer does not end with the founding of the company. Rather, the lawyer is a long-term partner who advises you on all legal aspects of your company. Be it in contract negotiations, compliance with legal regulations or possible disputes - the support of an experienced law firm can be decisive for the success of your company.
Examination of contracts by the lawyer
A lawyer is an indispensable partner when it comes to drafting and reviewing contracts. He has the expertise and experience to ensure that a contract optimally protects the company's interests while remaining legally sound. First of all, a lawyer can help tailor the terms of a contract to meet the specific needs and goals of the business. It can help to identify potential risks and pitfalls and take appropriate protective measures. Of course, this not only applies to founding a company, but also beyond that.
Summary
Finally, it should be noted that starting a company is a complex process, where a lawyer can be an essential support. It is therefore advisable to seek professional advice at an early stage to ensure that your company is on a solid legal footing.
