Set up competent companies in Germany
(Subsidiary) companies and branches
Germany is the most important trading partner of Italy and South Tyrol. For companies from Italy, there are excellent opportunities in Germany to open up a new market or to rediscover a market. However, the economic mentalities are different, which is why it is advisable for Italian companies to set up their own branch or subsidiary in Germany, in order to get competently involved in the German market, especially in terms of advice and sales.
LAVVIT advises you on all preliminary legal and tax considerations for setting up a branch or subsidiary.
Type of company LAVVIT advises Italian entrepreneurs on the choice between setting up a branch or setting up a subsidiary. Establishing a subsidiary is often advisable for tax reasons. Here, the choice of the company form is initially in the foreground: partnerships such as GbR, open trading company, GmbH & Co. KG or corporation (limited liability company, stock corporation.)
The most popular legal form among Germans is the limited liability company (GmbH.) Although the liability of the shareholders is limited to the company capital, the German GmbH stands for seriousness and trust. A foreign entrepreneur who appears in Germany with a German GmbH can build on a strong foundation.
After extensive consultation with the Italian entrepreneurs, LAVVIT draws up the articles of association, and the statutes, of the company. In contrast to founding a company, which is often done by tax consultants with a form from the drawer at a slightly cheaper price, LAVVIT advises entrepreneurs completely: We draw up individual articles of association. Because the company law provisions in the BGB, HGB or GmbHG regulate fundamental questions of the individual companies. Nevertheless, clauses can and must very often be included in the articles of association that meet the specific needs of an individual company and its shareholders: management and representation powers, voting rights in the general meeting, succession clauses under inheritance law, provisions under family law, etc. That is why we also discuss these family and inheritance implications. Marriage contracts, inheritance contracts and wills must be redesigned or amended to protect the interests of a partner or company in the event of divorce or the death of a partner.
The company is then incorporated as a notary. We value working with Italian-speaking notaries. This makes it easier to ask questions when setting up the company.
If the company is to be given a new name, the choice of name requires special control by LAVVIT lawyers. Entrepreneurs who are not careful when choosing a name quickly find themselves exposed to expensive trademark lawsuits. A short legal trademark search costs little.
After the foundation, LAVVIT takes care of the formalities: applying for the sales tax identification number and the tax number, applying for permits such as the trade licence etc. Difficulties are always encountered, such as opening a bank account, and international banking laws such as the Basel Agreements make the banks' work more difficult. Here, too, LAVVIT helps with contacts with German credit institutions.
Once the start-up phase is over, LAVVIT is also available for other legal issues, especially labour, German and international commercial and contract law, and draws up or reviews the first contracts for the new company: employment contracts, general terms and conditions, rental contracts, etc.
Our partner tax consultants take care of tax law advice and bookkeeping.
If, in the course of the operative business, there are requests for changes under company law or the articles of association, we advise the shareholders.
In the first few months, if you wish, we can also take over the interim management and provide you with the business address. If required, our tax consultants will take care of your bookkeeping, all tax returns and other activities.
