Company registration

Funding schemes

Your contact person for locationadvisory services in Hessen:

Senior Manager Investor ServicesHessen Trade & Invest GmbH

René Meier

Phone: +49 (0) 611 95017-8940Email: rene.meier@htai.de

Andreas DamrauSenior Manager Investor ServicesHessen Trade & Invest GmbH

Your contact person for locationadvisory services in Hessen:

Phone: +49 (0) 611 95017-8346Email: andreas.damrau@htai.de

Searching for businesspremises

www.invest-in-hessen.com I GG

S H

NVESTOR UIDELINEFOR THE ERMAN

TATE OF ESSEN

Your business successin Central Europe!

■ a specific offer of employment, and

A residence permit for the purpose of self-employment is generally issued if:

■ the approval of the Federal Employment

In order to inititate a residence permit pro-cedure for the purpose of employment or self-employment, non-EU nationals first have toapply for a national visa at the competent Ger-man mission abroad. Exceptions apply fornationals from Australia, Canada, Israel, Japan,New Zealand, South Korea, and the USA whomay enter Germany for long-term stay

Certain professional groups may obtain aresidence permit without requiring the ap-proval of the Federal Employment Agency, e.g.employed managing directors or managerialemployees.

expected from the investment project

exists

settlement permit (Niederlassungserlaubnis) ifthey want to run a business in Germany inperson or if they are employed in Germany. Aresidence permit is always limited in time, asettlement permit is unlimited. A settlementpermit will usually be issued if a non-EU citizenhas been in possession of a residence permit forat least five years. Both residence and settle-ment permit are always issued for a specificpurpose, usually for the purpose of self-employment or for the purpose of taking upemployment in Germany.

■ an economic interest or a regional need

■ positive economic consequences are to be

■ the planned investment has securefinancing in place

A residence permit for the purpose of em-ployment among other things requires:

Agency (Bundesagentur für Arbeit).

regarding the intended business activity

After the location decision has been made, thenew German corporationAll

has to be registered.companies carrying out commercial

business operations obligatedare to incor-porate at the public commercial register(Handelsregister) which provides legallyrelevant information about merchants andcommercial companies. The commercial reg-ister is managed by the district court where itcan be viewed by the public .Additionally, all business operators must notifythe trade office (Gewerbe-/ Ordnungsamt) ofthe town in which the business operation islocated.

free of charge

A business license or permit is notnecessary in the majority of cases, but only insome sectors.

Foreign companies aiming to set up office inHessen can obtain funding under certaincircumstances. Incentive systems are availablebut always The team offunding experts WI Bank Hessen is preparedto provide you with information relating to yourindividual funding prerequisites. We can helpyou to get in touch.

on a case-by-case basis.at

Entrepreneurs from non-EU countries require aresidence permit (Aufenthaltserlaubnis) or a

Bank■ Opening a business account for the

company

offer advice and practical assistance in yoursearch and selection of further experts

■ Paying in the share capital

Personnel consultants/recruitment agencies

■ Interviews and suggestion of candidates■ Screening and selection

■ Your personal is also available tocounselor

■ Job analysis and sourcing

Personnel matters are expensive and time-consuming. HR companies can support youwith the following services:

■ Home office (for the initial phase of getting

Your advisor can support you to find the rightpremises in close cooperation with economicdevelopment partners at regional and citylevels.

A registered business address is required forconducting commercial operations in Germany.Options for business premises in Hessen are thefollowing:

■ Office space in a business center■ Commercial premises/space

started)

■ Office space

Source: GTAI - www.gtai.com/coming-to-germany

purposes without a national visa. They candirectly apply for the necessary residencepermit at the local immigration office inGermany.

■ Preparation and implementation of amarketing concept

When commencing business operations inHessen, the following aspects need to beconsidered:

connections■ Purchase of office equipment, machinery, etc.

■ Purchase of a motor vehicle (if necessary)

■ Search for housing■ Search for business contacts

■ Production of letterheads, business cards

new prerequisites (e.g. after your initialbusiness trip)

■ Staff recruitment

■ Find attractive showroomsing■ suitable warehousing spaceIdentifying

■ Information on customs terms, on technicalregulations and on commercial statutes

■ Adaption of the business plan according to

■ Search for business partners

■ Installation of telephone and internet

Commencing businessoperations

Residence permit andsettlement permit

Foreign direct investments in Hessen2012 — 2018

© Hessen Trade & Invest GmbH, 2019

Contact us

Visa for a business tripto Germany

Documents needed toset up a company

Printing:

Imprint

Publisher & Editor:Hessen Trade & Invest GmbH

Responsible:Andreas Damrau, Fabienne Privat

Konradinerallee 965189 Wiesbaden, Germany

Design:Grundfarben Werbeagentur / Gießenwww.grundfarben.de

www.htai.de

A&M Service GmbH, Elz

Image Credits:P 2. © capitanoseye / RCC Agentur für integrierteKommunikation GmbH

© zapp2photo / stock.adobe.com

© Christof Mattes Fotodesign / www.herrmattes.de

© Rawpixel Ltd. / fotolia.com

In cooperation with:

P 1. © lev dolgachov / stock.adobe.com

© Nataliya Hora / stock.adobe.com

www.invest-in-hessen.com

Entrepreneurs and citizens of many non-EUcountries require a visa for business trips toGermany however, there are exceptions forseveral countries. Citizens from Australia,Canada, Israel, Japan, New Zealand, SouthKorea,

;

the United States and some other coun-tries may enter and stay in Germany without avisa for up to 90 days.

We are the central point of contact for inter-national investors who wish to locate or invest inHessen. We support them in cooperation withour partners at the regional and local level andassist them every step of their way to Hessen.

A Schengen visa is generally sufficient for moststeps to establish a business in Germany. How-ever, establishing a business in Germany witha Schengen visa is no guarantee for the sub-sequent issuing of a residence permit.

filedAppli-

cations for visas must be with the German

Citizens of all other countries require aSchengen or a German national visa for entryinto Germany. For short-term stays in Germany(stays not exceeding 90 days within any 180-dayperiod), a Schengen visa is required to travel toGermany.

Contact an advisor at Hessen Trade & Invest asearly as possible to obtain quick and unbureau-cratic support from your initial inquiry to theopening of your business venture.

confirming the business purpose of the trip■ a letter from the applicant's employer

When the entrepreneur personally applies for aSchengen visa, documents such as a copy of theforeign company's entry in the foreign com-mercial register, articles of association, andbank statements from the last three months mayalso be required.

Embassy or a Consulate in the country ofresidency. Schengen visa applicants (businessvisa applicants) will usually be asked to presentcertain documentation such as:

Anyone can establish a business in Germany –irrespective of nationality or place of residence.

institution / organizationbusiness partner or by an official

Source: GTAI - www.gtai.com/coming-to-germany

■ a letter of invitation by the German

■ documentation of employment andsalary certificate

A visa will only be issued if you can prove thatyou have health insurance coverage inGermany. You can purchase health insurance inyour own country. Documentary evidence mustbe provided of travel health insurance with aminimum coverage of EUR 30,000 valid for theentire Schengen area.

Tax consultant■ Advice on aspects of taxation and

commercial law

■ Advice on the legal prerequisites of

■ Search for a permissible company name

Source: GTAI - www.gtai.com/company-formation

When setting up a company in Germany, thesupport provided by our team of consultantscannot fully eliminate the need for additionalexperts – some of them are optional but oftenadvisable.

■ Draft of a managing director's contract

The minimum share capital required to estab-lish a GmbH is EUR 25,000 (this can also bemade up of contributions or assets in kind). Atthe time of registration, at least half of theminimum capital (i.e. EUR 12,500) must beactually and verifiably contributed a bankaccount.

to

Lawyer / Attorney

■ Temporary registered office at the

Germany/Hessen■ Draft of a deed of association

attorney's offices

conducting business activities in

commercial register in Hessen

contract

■ Application for entry in the local

■ Possible agreement of a consultancy

■ Notarization of the establishment of theNotary public

company

■ Preparation of an opening balance sheet

There is no specific investment legislation inGermany, nor is there a minimum percentage ofGerman required for foreignentrepreneurs. Foreign investors can choosethe most suitable legal company form as acorporation or partnership or conduct businessvia a Germany-based branch office. Either way,establishment procedures are straightforwardwith well-defined steps.

shareholders

■ Limited Liability Entrepreneurial Company

In order to successfully register a business inGermany, certain documentation verifying theexistence of a parent company as well as thepower of representation for persons acting onbehalf of it is needed. Generally, an excerpt ofthe foreign commercial register as well as ar-ticles of association of the foreign parent com-pany will be required. The documentation mustbe notarized and either legalized or issued withan apostille. It should also be accompanied bya certified translation into German. Pleasenotice that the documentation required candiffer depending on the legal form and origin ofthe foreign company. It is advisable to consult aGerman notary at an early stage for individualadvice.

■ Limited Liability Company (GmbH)

When choosing the legal form of the company,a corporation is usually the best option forlarger, established companies. There are fourmajor forms of corporations under German law:

■ Stock Corporation (AG)

The German limited liability company (GmbH –Gesellschaft mit beschränkter Haftung) is themost widely used legal form for corporations. Itcombines high flexibility with relatively fewobligations.

(„Mini GmbH“)

■ Partnership Limited by Shares (KGaA)

From the Frankfurt metropolitan region, you canreach all European capitals within 3 hours oftravel. And what's even better: Strong businesspartners, creative minds and highly skilledspecialists are right at your doorstep. It is for areason that over 12,500 international com-panies have already opted for this location.More than 95% would do so again.

The German market was never closer. Andsetting up business in Hessen never easier. As aglobal agency that acts locally, our investmentsection of Hessen Trade & Invest advisesdomestic and foreign companies who wish toinvest in the State of Hessen or to relocate orexpand their operations. It is the starting pointfor international founders at state level.

Germany is a globally renowned brand. "Made inGermany" stands for quality, reliability and suc-cess. Are you planning to invest? Come to Hessenin the heart of Germany. You will find direct accessto the German and European markets for yourbusiness here.

Your One Stop Shopfor EuropeanMarket Success

Health insurance for yourstay in Germany

Experts assisting in settingup the company

Company registration

Funding schemes

Your contact person for locationadvisory services in Hessen:

Senior Manager Investor ServicesHessen Trade & Invest GmbH

René Meier

Phone: +49 (0) 611 95017-8940Email: rene.meier@htai.de

Andreas DamrauSenior Manager Investor ServicesHessen Trade & Invest GmbH

Your contact person for locationadvisory services in Hessen:

Phone: +49 (0) 611 95017-8346Email: andreas.damrau@htai.de

Searching for businesspremises

www.invest-in-hessen.com I GG

S H

NVESTOR UIDELINEFOR THE ERMAN

TATE OF ESSEN

Your business successin Central Europe!

■ a specific offer of employment, and

A residence permit for the purpose of self-employment is generally issued if:

■ the approval of the Federal Employment

In order to inititate a residence permit pro-cedure for the purpose of employment or self-employment, non-EU nationals first have toapply for a national visa at the competent Ger-man mission abroad. Exceptions apply fornationals from Australia, Canada, Israel, Japan,New Zealand, South Korea, and the USA whomay enter Germany for long-term stay

Certain professional groups may obtain aresidence permit without requiring the ap-proval of the Federal Employment Agency, e.g.employed managing directors or managerialemployees.

expected from the investment project

exists

settlement permit (Niederlassungserlaubnis) ifthey want to run a business in Germany inperson or if they are employed in Germany. Aresidence permit is always limited in time, asettlement permit is unlimited. A settlementpermit will usually be issued if a non-EU citizenhas been in possession of a residence permit forat least five years. Both residence and settle-ment permit are always issued for a specificpurpose, usually for the purpose of self-employment or for the purpose of taking upemployment in Germany.

■ an economic interest or a regional need

■ positive economic consequences are to be

■ the planned investment has securefinancing in place

A residence permit for the purpose of em-ployment among other things requires:

Agency (Bundesagentur für Arbeit).

regarding the intended business activity

After the location decision has been made, thenew German corporationAll

has to be registered.companies carrying out commercial

business operations obligatedare to incor-porate at the public commercial register(Handelsregister) which provides legallyrelevant information about merchants andcommercial companies. The commercial reg-ister is managed by the district court where itcan be viewed by the public .Additionally, all business operators must notifythe trade office (Gewerbe-/ Ordnungsamt) ofthe town in which the business operation islocated.

free of charge

A business license or permit is notnecessary in the majority of cases, but only insome sectors.

Foreign companies aiming to set up office inHessen can obtain funding under certaincircumstances. Incentive systems are availablebut always The team offunding experts WI Bank Hessen is preparedto provide you with information relating to yourindividual funding prerequisites. We can helpyou to get in touch.

on a case-by-case basis.at

Entrepreneurs from non-EU countries require aresidence permit (Aufenthaltserlaubnis) or a

Bank■ Opening a business account for the

company

offer advice and practical assistance in yoursearch and selection of further experts

■ Paying in the share capital

Personnel consultants/recruitment agencies

■ Interviews and suggestion of candidates■ Screening and selection

■ Your personal is also available tocounselor

■ Job analysis and sourcing

Personnel matters are expensive and time-consuming. HR companies can support youwith the following services:

■ Home office (for the initial phase of getting

Your advisor can support you to find the rightpremises in close cooperation with economicdevelopment partners at regional and citylevels.

A registered business address is required forconducting commercial operations in Germany.Options for business premises in Hessen are thefollowing:

■ Office space in a business center■ Commercial premises/space

started)

■ Office space

Source: GTAI - www.gtai.com/coming-to-germany

purposes without a national visa. They candirectly apply for the necessary residencepermit at the local immigration office inGermany.

■ Preparation and implementation of amarketing concept

When commencing business operations inHessen, the following aspects need to beconsidered:

connections■ Purchase of office equipment, machinery, etc.

■ Purchase of a motor vehicle (if necessary)

■ Search for housing■ Search for business contacts

■ Production of letterheads, business cards

new prerequisites (e.g. after your initialbusiness trip)

■ Staff recruitment

■ Find attractive showroomsing■ suitable warehousing spaceIdentifying

■ Information on customs terms, on technicalregulations and on commercial statutes

■ Adaption of the business plan according to

■ Search for business partners

■ Installation of telephone and internet

Commencing businessoperations

Residence permit andsettlement permit

Foreign direct investments in Hessen2012 — 2018

© Hessen Trade & Invest GmbH, 2019

Contact us

Visa for a business tripto Germany

Documents needed toset up a company

Printing:

Imprint

Publisher & Editor:Hessen Trade & Invest GmbH

Responsible:Andreas Damrau, Fabienne Privat

Konradinerallee 965189 Wiesbaden, Germany

Design:Grundfarben Werbeagentur / Gießenwww.grundfarben.de

www.htai.de

A&M Service GmbH, Elz

Image Credits:P 2. © capitanoseye / RCC Agentur für integrierteKommunikation GmbH

© zapp2photo / stock.adobe.com

© Christof Mattes Fotodesign / www.herrmattes.de

© Rawpixel Ltd. / fotolia.com

In cooperation with:

P 1. © lev dolgachov / stock.adobe.com

© Nataliya Hora / stock.adobe.com

www.invest-in-hessen.com

Entrepreneurs and citizens of many non-EUcountries require a visa for business trips toGermany however, there are exceptions forseveral countries. Citizens from Australia,Canada, Israel, Japan, New Zealand, SouthKorea,

;

the United States and some other coun-tries may enter and stay in Germany without avisa for up to 90 days.

We are the central point of contact for inter-national investors who wish to locate or invest inHessen. We support them in cooperation withour partners at the regional and local level andassist them every step of their way to Hessen.

A Schengen visa is generally sufficient for moststeps to establish a business in Germany. How-ever, establishing a business in Germany witha Schengen visa is no guarantee for the sub-sequent issuing of a residence permit.

filedAppli-

cations for visas must be with the German

Citizens of all other countries require aSchengen or a German national visa for entryinto Germany. For short-term stays in Germany(stays not exceeding 90 days within any 180-dayperiod), a Schengen visa is required to travel toGermany.

Contact an advisor at Hessen Trade & Invest asearly as possible to obtain quick and unbureau-cratic support from your initial inquiry to theopening of your business venture.

confirming the business purpose of the trip■ a letter from the applicant's employer

When the entrepreneur personally applies for aSchengen visa, documents such as a copy of theforeign company's entry in the foreign com-mercial register, articles of association, andbank statements from the last three months mayalso be required.

Embassy or a Consulate in the country ofresidency. Schengen visa applicants (businessvisa applicants) will usually be asked to presentcertain documentation such as:

Anyone can establish a business in Germany –irrespective of nationality or place of residence.

institution / organizationbusiness partner or by an official

Source: GTAI - www.gtai.com/coming-to-germany

■ a letter of invitation by the German

■ documentation of employment andsalary certificate

A visa will only be issued if you can prove thatyou have health insurance coverage inGermany. You can purchase health insurance inyour own country. Documentary evidence mustbe provided of travel health insurance with aminimum coverage of EUR 30,000 valid for theentire Schengen area.

Tax consultant■ Advice on aspects of taxation and

commercial law

■ Advice on the legal prerequisites of

■ Search for a permissible company name

Source: GTAI - www.gtai.com/company-formation

When setting up a company in Germany, thesupport provided by our team of consultantscannot fully eliminate the need for additionalexperts – some of them are optional but oftenadvisable.

■ Draft of a managing director's contract

The minimum share capital required to estab-lish a GmbH is EUR 25,000 (this can also bemade up of contributions or assets in kind). Atthe time of registration, at least half of theminimum capital (i.e. EUR 12,500) must beactually and verifiably contributed a bankaccount.

to

Lawyer / Attorney

■ Temporary registered office at the

Germany/Hessen■ Draft of a deed of association

attorney's offices

conducting business activities in

commercial register in Hessen

contract

■ Application for entry in the local

■ Possible agreement of a consultancy

■ Notarization of the establishment of theNotary public

company

■ Preparation of an opening balance sheet

There is no specific investment legislation inGermany, nor is there a minimum percentage ofGerman required for foreignentrepreneurs. Foreign investors can choosethe most suitable legal company form as acorporation or partnership or conduct businessvia a Germany-based branch office. Either way,establishment procedures are straightforwardwith well-defined steps.

shareholders

■ Limited Liability Entrepreneurial Company

In order to successfully register a business inGermany, certain documentation verifying theexistence of a parent company as well as thepower of representation for persons acting onbehalf of it is needed. Generally, an excerpt ofthe foreign commercial register as well as ar-ticles of association of the foreign parent com-pany will be required. The documentation mustbe notarized and either legalized or issued withan apostille. It should also be accompanied bya certified translation into German. Pleasenotice that the documentation required candiffer depending on the legal form and origin ofthe foreign company. It is advisable to consult aGerman notary at an early stage for individualadvice.

■ Limited Liability Company (GmbH)

When choosing the legal form of the company,a corporation is usually the best option forlarger, established companies. There are fourmajor forms of corporations under German law:

■ Stock Corporation (AG)

The German limited liability company (GmbH –Gesellschaft mit beschränkter Haftung) is themost widely used legal form for corporations. Itcombines high flexibility with relatively fewobligations.

(„Mini GmbH“)

■ Partnership Limited by Shares (KGaA)

From the Frankfurt metropolitan region, you canreach all European capitals within 3 hours oftravel. And what's even better: Strong businesspartners, creative minds and highly skilledspecialists are right at your doorstep. It is for areason that over 12,500 international com-panies have already opted for this location.More than 95% would do so again.

The German market was never closer. Andsetting up business in Hessen never easier. As aglobal agency that acts locally, our investmentsection of Hessen Trade & Invest advisesdomestic and foreign companies who wish toinvest in the State of Hessen or to relocate orexpand their operations. It is the starting pointfor international founders at state level.

Germany is a globally renowned brand. "Made inGermany" stands for quality, reliability and suc-cess. Are you planning to invest? Come to Hessenin the heart of Germany. You will find direct accessto the German and European markets for yourbusiness here.

Your One Stop Shopfor EuropeanMarket Success

Health insurance for yourstay in Germany

Experts assisting in settingup the company