Starting a business in Germany

With its large, diversified economy, strategic location and substantial talent pool, Germany can offer significant benefits to businesses that want to grow their European and global presence. 
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Germany is a global economic powerhouse and a compelling proposition for foreign businesses looking to expand their operations. This guide highlights some of the advantages of setting up a business in the country, and the different types of legal entity structures available. 

Why choose Germany?

There are many reasons why businesses and entrepreneurs are drawn to establishing a presence in Germany. Here are just a few strengths that the country has to offer.  

Economic strength

Germany boasts one of the world’s most robust economies, being the largest in Europe and the third largest in the world behind the US and China. It is known for its diversified industry base and is home to globally recognised names such as Volkswagen and Siemens.

The German economy is strongly focused on exports, which account for around 50% of GDP. Germany is also known as a ‘soziale marktwirtschaft’, or social market economy, which combines economic freedom with social equity. All of this makes Germany an appealing location for businesses looking to establish operations. 

Member of the European Union 

The German economy is also stable due to its membership of the European Union (EU), which delivers key benefits to companies operating in the country. Free movement of goods allows businesses to trade within Europe without tariffs and restrictions. 

EU businesses also benefit from the stability of the single currency, transparency of taxation and business accounting rules, and simplified administration procedures including a ‘one-stop-shop’ for VAT reporting for eligible businesses. 

Strategic location 

Germany is located in central Europe and shares its borders with nine countries: Denmark, the Netherlands, Belgium, Luxembourg, France, Switzerland, Austria, the Czech Republic and Poland. This position at the heart of Europe, and Germany’s excellent transport infrastructure, makes it a vital centre for trade and services, enabling businesses to ship products simply and quickly. This central location also means businesses are close to diverse markets and can tap into the vast consumer base of Europe and beyond.  

Investment incentives 

As part of its pro-business attitude, the German government offers various incentives and subsidies to attract foreign investors, which can help companies expand into the German market by assisting with some upfront costs.

Public funding is divided into direct grants, public loans, public guarantees and equity capital, and include cash grants to set up new facilities, grants for research and development projects, and grants for hiring, which support companies looking to expand their workforce.  

A skilled and diverse workforce 

Germany has an employee base of over 45 million, making it the largest pool of workers in the EU. Germany’s dual education system combines theoretical knowledge in the classroom with practical skills, learned on-site with a company. With a wide focus on skills, including science, technology, engineering or mathematics (STEM), manufacturing, construction, business, administration law and health and welfare, this vocational approach, along with university education, creates a very diverse and skilled pool of talent. 

Focus on innovation  

The Global Innovation Index 2024 placed Germany 9th out of 133 countries, making it one of the most innovative countries worldwide. Germany’s government demonstrates a strong commitment to research by funding research institutions, supporting the creation of start-up companies, and licensing intellectual property. Its Future Research and Innovation Strategy defines the goals, milestones and priorities of the Federal Government’s research and innovation policy.  

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Business structures in Germany

Doing business in Germany means navigating its complex bureaucratic procedures, tax structures and legal environment. It’s also essential to choose the most appropriate business structure when setting up a company as this affects its legal ownership and operational flexibility. Here are the main business structures available. 

Limited liability company  

The public limited liability company (Gesellschaft mit beschränkter Haftung, or GmbH) is one of the most popular types of legal entity in Germany. It offers limited liability to its owners and is known for its operational flexibility. A GmbH can be formed by just one founder and needs a minimum single stockholder and a single director from any country. A minimum of €25,000 share capital is required, and the personal liability of the shareholders is limited to their contributions to the company’s capital. Managed by Geschäftsführer (managing directors), a supervisory board is optional and usually only present in larger GmbHs. 

Joint-stock (public limited) company 

The Aktiengesellschaft (AG) is a joint-stock company, often chosen by larger businesses to raise capital through public stock offerings. An AG has a legal personality, separate from its shareholders, whose liability is limited to their investment in the company’s shares. AGs require a minimum share capital of €50,000. Managed by a Vorstand (executive board), overseen by an Aufsichtsrat (supervisory board), and owned by shareholders, this structure ensures a clear separation of management and ownership.  

Limited liability entrepreneurial company

The limited liability entrepreneurial company (Unternehmergesellschaft, or UG), often referred to as a ‘mini-GmbH’, is a variation of the GmbH designed for entrepreneurs with lower capital resources. It’s a more straightforward form of a GmbH and can be established with a minimum capital of one euro. Similar to a GmbH, a UG is managed by one or more directors, and the liability of shareholders is limited to their investment in the company. 

Limited partnership

A limited partnership (Kommanditgesellschaft, or KG) has a minimum of two members – one of whom is a general member and is personally liable for all of the partnership’s debts. The other is a limited member whose responsibility is restricted to the number of shares they own in the firm. The limited partner just contributes capital and is not involved in running the business or taking part in its daily operations. A KG requires a minimum capital investment of €50,000, which is divided into shares and partners can negotiate their investment levels, allowing flexibility in how the business is financed. 

General partnership 

The Offene Handelsgesellschaft (OHG) is a general partnership where all partners have unlimited liability – and are therefore fully liable with their personal assets for the company’s debts. At least two partners (the minimum requirement) must sign a partnership contract to form an OHG, and the company’s revenues are split equally among the partners. Each partner has the right to manage the company, although the partnership agreement can specify different arrangements. To establish an OHG, there isn’t aminimum capital requirement.  

Civil law partnership  

The civil law partnership (Gesellschaft bürgerlichen Rechts, or GbR) is formed by two or more members to pursue a common business contractual goal. It’s often used for joint ventures or collaborative projects. All partners share in the management and profits of the business but are jointly and severally liable for the obligations of the GbR. The GbR isn’t considered a separate legal entity. If the yearly revenue surpasses €25,000, these types of companies in Germany will be regarded as commercial businesses, which requires registration with the Commercial Register. 

Branch office

One way a foreign business can establish itself in Germany is by setting up a branch office. Any international corporation having a corporate office and commercial operations outside of Germany is eligible to open a branch office in the country. Branch offices in Germany don’t possess a unique legal existence from their parent firm. As a result, the parent business is responsible for the branch office’s liabilities. The business should set up as a legal entity, such as a GmbH, AG or KG, and will therefore need to comply with the rules applicable to those forms. 

Representative office 

An alternative option when setting up in Germany is to establish a representative office. In Germany, a representative office is only permitted to carry out market research and marketing on behalf of the parent firm. Representative offices aren’t recognised under German commercial and trade law. They are usually set up for non-commercial activities and managed by an independent agent or representative. This structure is suitable for companies not aiming for a commercial presence but seeking to explore the market or manage non-transactional activities. 

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“We’ve been working with Hawksford since 2012 when we decided to set up our own entities in Asia. The team is very professional and helpful. They took care of every step of business formation, giving us advice and responding to our needs in a timely manner."

Sophia Zhou, APAC Finance Controller, Moleskine China

Next steps

As businesses look to expand their operations, Germany provides a very attractive, stable environment and can act as a first step into the EU, with all the benefits that offers. It’s essential, however, for those businesses wanting to establish a presence to make sure they do so in the most efficient and compliant manner – which starts with establishing a business structure.

At Hawksford, we have expertise in this area and provide services for your business needs in Germany. Get in touch with our team for more information.  

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