Wednesday, December 31, 2008

Common Discontinued Pfaltzgraff

VII What information do I need?

first Sole trader

What?
The application shall contain:
  • first name, surname, date of birth and place of residence of the individual merchant
  • company
  • place of establishment of business
  • location of the premises by street and house number.

Who? Registration required
is the merchant. He has to draw his signature, stating name of the company for safekeeping with the court.


When?
The sole proprietorship is before or immediately after reaching the commercial Terms and drive to register. It is also possible to register without a commercial operation, if desired.


second General partnership (OHG)


What?
The application shall contain:
  • surname, first name, date of birth and residence of each partner; from shareholders are legal persons, or company name under which they occur, but not their legal representatives
  • company
  • place of seat
  • the authority of the shareholders.

Who? Registration required
are all shareholders. Those shareholders, are to represent the company, its name signature, stating the company to keep the courts have to draw.


When?
The partnership is before or immediately after reaching the commercial register business. Also, asset management companies and companies that do not require a commercial business may be registered in the Register upon request.



third Limited partnership, GmbH & Co. KG

What?
The application shall contain:
  • surname, first name, birth date and place of residence of the person general partners, subsidiaries and limited partners, in companies which are legal persons, names or company under which they occur, but not their legal representatives
  • company
  • place of business
  • date of birth of the company
  • amount of the contribution of the or the limited partners, ie the respective liability coverage
  • may exclude a general partner of the representation, placement of an overall mission or a total representation such that a general partner must act only in conjunction with an authorized representative
  • of business
  • location of the premises after street and house number.

been notified to all shareholders, including limited partners. Is a legal entity or a general partnership interest as a partner, so
Registration required, all shareholders, including limited partners. Is a legal entity or a general partnership interest as a partner, so
enough for her participation in the legal representatives authorized to represent the number authorized to represent its interests with signature, giving the company to keep the court has to draw.


When?
The KG is before or immediately after reaching the commercial Business operations to log. Also, asset management companies and companies that do not require a commercial business may be registered in the Register upon request.


4th Limited liability company

What?
The application shall contain:

  • insurance for all, also the deputy managing director, that the prescribed minimum benefits are effected in the individual capital contributions and that the purpose of the service itself is in the final disposal of the manager. It must be particularly specified numerically, what amount of money Each partner has made to its capital contribution.
  • representation power of the CEO under the company agreement or under statutory regulation. The managers have to assure the declaration that no circumstances exist which, in order according to § 6 paragraph 2, sentence 2 and 3 GmbHG (eg conviction of a bankruptcy crime, conviction for a violation of the accounting requirement, prohibition of the practice) preclude and that they have been informed of their unlimited information to be in court.
  • drawing of names signatures of managers for retention at the court in the form of certified public
  • location of the premises by street and house number


are included in the notifications:


first Notarized shareholders contract and representation powers
second Decision on the appointment of managers, unless they are made in the social contract is 3
List of members
4th Approval or certificate from the competent authority that the approval-approval is granted by the company in the commercial register, if a state permit is required. A permit is required for example:

to operate a restaurant or a hotel in accordance with § 2 para 1 Licensing Act,
for long distance freight and freight transport and freight line transportation according to § § 8, 80, 90 GüKG,
for pawnbroker pursuant to § 34 GewO
for a security industry in accordance with § 34 a GewO
for Versteigergewerbe according to § 34 b GewO
for work as brokers, property developers and construction supervision according to § 34 c GewO.


If there are doubts about whether the business object requires a state-ment permission, can the presentation of a negative attestation of the competent administrative authority may be required.


5th Entry into the trades. It is a state approval equate. A limited liability company whose corporate objective is (also) the carrying on of a trade, may therefore be registered in the commercial register only after approval by the Chamber.

6th State recognition. Tax firms need to § 32 paragraph 3 erberatungsgesetz tax, accountants and auditors companies under § § 1 para 3, 128 Auditors' Code of the State Recognition. The presentation of the recognition certificate or a certificate is a preliminary condition of registration of such a limited company in the commercial register.

to property-ups (ie, transfers of assets, rights, companies, etc. on the capital invested in a limited liability company) are also submitted:


- tangible contribution report
- contracts that are based on the stipulations of the contribution
- Documents that the value of the property acquired for the amount of capital contributions equivalent.


Who?
The LLC is by all the managers - including deputy - to the Commercial Register.

(must be borne in mind that foreigners who are not from an EU Member State and have taken residence in Germany, as managers may only be entered in the register if they are authorized to practice law on foreigners Self-employment in Germany have. To simplify procedures should be made to the appropriate state even at the personal in the order and memorandum.)


When?
The application shall be made only if, on any capital contribution, unless contributions are agreed, a quarter has been paid a total of at least 12 € 500 is reached. If the company is built by one person, make the application take place only if the rest of the money a security deposit is ordered. Less payments on the deposit can not be offset by more deposits to a different insert. Contributions are already Before registering the company for entry in the register so as to bring to the company that finally the disposal of the managing director are.

The registration of a GmbH by the Court of Registration usually costs from a pre-conditional.


5th Aktiengesellschaft

What?
The notification must include:
  • amount at which the shares were issued and the amount paid out
  • statement that legally required contributions and notional amounts of cash to finally free of the executive board
  • appointed chairman of the selected and alternate member of the Supervisory Board
  • power of attorney of the members
  • insurance of all board members that no circumstances exist which preclude their appointment, and that they have been informed of their unlimited obligation to provide information to the court
  • drawing of names signatures of all board members in public authentication-ter form for storage in a court
  • location of the premises by street and house number

are included in the notifications:

first Articles and documents in which the statute has been established and the shares were acquired by the founders

second Documents governing the appointment of the Board and the Supervisory Board

third Formation report and audit reports of the members of the Board and the Supervisory Board and the formation auditors together with their documentary records

4th Approval, if the purpose of the Company or any other statutory provision for state approval needed

5th to property foundations: the contracts that the fixing of the contributions are based, and a calculation of the burden society covered up expenses
For contribution in cash: evidence that the final amount paid for the free disposal of the Board is

6. Proof of the nature and extent of the amounts have been paid if the amount paid from taxes and fees.


Who?
The AG is the founder of all to notify all board members (including the deputy directors) and all members for registration.


When?
The application shall be made only if each share, unless contributions are agreed that the requested amount has been paid properly, and finally at the free disposal of the Board stands. For cash contributions, the amount demanded is less than one fourth of the principal amount and issue the stock for include a higher than a nominal amount and the excess amount. Contributions in kind shall be made in full. The registration of a public company by the Court of Registration usually costs from a pre-conditional.

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