Notary/notary - companies/companies

An entrepreneur not only has to take into account business perspective, but also many legal aspects. To avoid serious errors, competent councils are required, for example when founding and managing a company and planning company succession. The notary is already a reliable help due to his experience in answering the questions that arise in this context.

Optimal legal form
The first question is that according to the optimal legal form. Numerous factors must be taken into account when selecting. From a legal point of view, aspects of corporate law, trade law and tax law are particularly important. The question of liability is also of particular importance for the choice of legal form.

notary
is helpful in the selection of the permissible company name and the clarification of questions of doubt. The "company" is the name with which the company is entered in the commercial register and occurs in business transactions. It must be chosen in such a way that it is suitable for marking the company and differs significantly from other companies. The company name can also be a distinctive fantasy name that is not taken from the object of the company (e.g. "Paradiso GmbH" for tanning studio). In any case, the legal form of the company must be seen from a corresponding addition.

Entries in the commercial register
If certain conditions of a company are changing for business transactions, this must be entered in the commercial register. For example, are subject to registration:

• Change in management; Procurement/revocation of procuration,

• Change of the company,

• Change of the corporate seat; Establishment of branches,

• Change of shareholders at OHG and KG and

• Change of the partnership agreement for corporations.

The registrations of the facts subject to registration in the commercial register require notarial certification. The notary formulates the text of the registration and monitors the correct entry in the commercial register. The notary also advises comprehensively on the questions related to the entry and clarifies any questions of doubt with the register court. The notary costs for registration are within modest limits.

The reorganization and sale of corporate shares
in a rapidly changing economic environment are increasingly becoming measures such as conversion into a different legal form, mergers and mergers, even in medium -sized and small companies. Typical examples of such changes in a introduced company are the sale of company shares, the conversion of companies and also operating cladding.

The matter is complicated legal processes, which is why the legislator has provided advice from the notary in many cases.

Corporate succession
is not recognized in good time to find a sensible succession plan, this can quickly lead to the crisis. It is also about numerous jobs. The primary goals of the succession plan will be the maintenance of the company and the care of the departing senior manager or his relatives. It depends on selecting suitable successors for the ownership and management at an early stage and, if possible, integrated into the company during the active phase of the senior manager.

However, the entrepreneur does not only have to think of the planned company succession. Rather, the case of sudden dying should also be considered. Especially in this case, refraining from a testamentary arrangement can mean the end of a young and aspiring company.

Overall, it must be advised against it without wanting to regulate the successor with an expert advice. In particular, a coordination with the social contract regulations is necessary. Advising you on the possibilities of a balanced testamentary or contractual regulation is an essential task of the notary.