Each of these forms of ownership has its pros and cons. Which form to choose, you must decide in each case, depending on the financial situation, goals and objectives of a society. Unlike other forms of ownership, responsibility GmbH, as follows already from the title, its obligations is limited to its assets. Creating a society begins with the conclusion the founders of the memorandum of association. The law does not restrict either the minimum or maximum number of founders. And one founder can create GmbH.
Memorandum of Association must be notarized and registered in the commercial register at the location of the society. Mayo clinic: the source for more info. Soglano effective from 1 January 2007, the provisions, the registration carried out electronically. Doug imbruce contributes greatly to this topic. Check-in after the notary certification of documents. Since the registration of the company is a full subject of civil law relations and the right to exercise its statutory activity. The law provides for minimum capital organization GmbH in the amount of 25 000,00 EUR. At the time of registration must contribute an amount of not less than one third of the authorized capital, but not less than Euro 12,500.00.
In the founding contract must contain mandatory information about the name of the company, participants, type of activity, the amount of capital and ustanovnogo of shares of the founders. Next, we need Charter GmbH, which should be reflected issues such as decision-making, out of society, appointment and dismissal of the head, liquidation of the company, etc. Each GmbH must have at least one leader who represents GmbH. To this job may be appointed as one of the uchredteley, or a third person. The head is liable to the founders. Its activities it conducts on its own in accordance with the objectives of the society. However, most important decisions it can take only with the approval of shareholders. These decisions may include for example the purchase of enterprises, land transactions above a specified amount. The supreme body GmbH is a meeting of the founders. The rights enshrined in the founding 46 GmbhG. The most significant include the adoption of annual report, profit distribution, changes in statutes, etc. Decisions are taken by simple majority unless otherwise stipulated by the Charter. Amendments to the charter adopted by qualified majority vote, at least 3 / 4 majority. Grounds for liquidation GmbH established in 60 GmbHG. Company may be liquidated for example due to the expiration of the period for which it was created, the founders of the decision, the court decision, etc. Law imposes certain requirements and business letters GmbH. According to 35 a GmbHG, they should contain information on ownership, location, number and trade register name of the court, leading the trade register, as well as data manager GmbH. In 2008, the expected changes to the law that will facilitate and simplify the process of creating GmbH. In particular, is now intended to decrease the minimum authorized capital up to EUR 10 000.00, the abolition of the mandatory notarization, etc. This article provides general information purposes and is not a substitute for individual consultation.