fabienne privat searching for business funding schemes ig ... · hessen can obtain funding under...

Company registration

Funding schemes

Phone: +49 (0) 611 95017-8303Email: [email protected]

Your contact person for locationadvisory services in Hessen:

Fabienne PrivatSenior Manager Investor ServicesHessen Trade & Invest GmbH


Andreas DamrauSenior Manager Investor ServicesHessen Trade & Invest GmbH


Searching for businesspremises

www.invest-in-hessen.com I GG

S H

NVESTOR UIDELINEFOR THE ERMAN

TATE OF ESSEN

Your business successin Central Europe!

■ a specific offer of employment, and

Agency (Bundesagentur für Arbeit).

In order to inititate a residence permit pro-cedure for the purpose of employment or self-employment, non-EU nationals first have toapply for a national visa at the competent Ger-man mission abroad. Exceptions apply fornationals from Australia, Canada, Israel, Japan,New Zealand, South Korea, and the USA whomay enter Germany for long-term stay

exists

■ the planned investment has secure

■ an economic interest or a regional need

■ the approval of the Federal Employment

A residence permit for the purpose of em-ployment among other things requires:

regarding the intended business activity

■ positive economic consequences are to be

settlement permit (Niederlassungserlaubnis) ifthey want to run a business in Germany inperson or if they are employed in Germany. Aresidence permit is always limited in time, asettlement permit is unlimited. A settlementpermit will usually be issued if a non-EU citizenhas been in possession of a residence permit forat least five years. Both residence and settle-ment permit are always issued for a specificpurpose, usually for the purpose of self-employment or for the purpose of taking upemployment in Germany.

A residence permit for the purpose of self-employment is generally issued if:

expected from the investment project

Certain professional groups may obtain aresidence permit without requiring the ap-proval of the Federal Employment Agency, e.g.employed managing directors or managerialemployees.

financing in place

Foreign companies aiming to set up office inHessen can obtain funding under certaincircumstances. Incentive systems are availablebut always The team offunding experts WI Bank Hessen is preparedto provide you with information relating to yourindividual funding prerequisites. We can helpyou to get in touch.

on a case-by-case basis.at

Entrepreneurs from non-EU countries require aresidence permit (Aufenthaltserlaubnis) or a

After the location decision has been made, thenew German corporationAll

has to be registered.companies carrying out commercial

business operations obligatedare to incor-porate at the public commercial register(Handelsregister) which provides legallyrelevant information about merchants andcommercial companies. The commercial reg-ister is managed by the district court where itcan be viewed by the public .Additionally, all business operators must notifythe trade office (Gewerbe-/ Ordnungsamt) ofthe town in which the business operation islocated.

free of charge

A business license or permit is notnecessary in the majority of cases, but only insome sectors.

■ Opening a business account for the

offer advice and practical assistance in yoursearch and selection of further experts

Bank

company■ Paying in the share capital■ Your personal is also available tocounselor

A registered business address is required forconducting commercial operations in Germany.Options for business premises in Hessen are thefollowing:

■ Office space

Personnel consultants/recruitment agencies

■ Interviews and suggestion of candidates

■ Job analysis and sourcing■ Screening and selection

Personnel matters are expensive and time-consuming. HR companies can support youwith the following services:

■ Commercial premises/space■ Home office (for the initial phase of getting

■ Office space in a business center

Your advisor can support you to find the rightpremises in close cooperation with economicdevelopment partners at regional and citylevels.

started)

■ Adaption of the business plan according to

■ Staff recruitment

■ Preparation and implementation of a

new prerequisites (e.g. after your initial

When commencing business operations inHessen, the following aspects need to beconsidered:

business trip)

purposes without a national visa. They candirectly apply for the necessary residencepermit at the local immigration office inGermany.

Source: GTAI - www.gtai.com/coming-to-germany

marketing concept

■ Find attractive showroomsing

■ Purchase of office equipment, machinery, etc.

■ Information on customs terms, on technical

■ Production of letterheads, business cards

■ Search for housing■ Search for business contacts■ Search for business partners■ suitable warehousing spaceIdentifying

■ Installation of telephone and internetconnections

■ Purchase of a motor vehicle (if necessary)

regulations and on commercial statutes

Commencing businessoperations

Residence permit andsettlement permit

Foreign direct investments in Hessen2012 — 2018

© Hessen Trade & Invest GmbH, 2019

Contact us

Visa for a business tripto Germany

Documents needed toset up a company

Printing:

www.htai.de

© Christof Mattes Fotodesign / www.herrmattes.de

© Nataliya Hora / stock.adobe.com

www.grundfarben.deGrundfarben Werbeagentur / Gießen

P 2. © capitanoseye / RCC Agentur für integrierteKommunikation GmbH

Imprint

Konradinerallee 965189 Wiesbaden, Germany

Design:

Publisher & Editor:Hessen Trade & Invest GmbH

Responsible:Andreas Damrau, Fabienne Privat

Image Credits:

P 1. © lev dolgachov / stock.adobe.com

A&M Service GmbH, Elz

© zapp2photo / stock.adobe.com

© Rawpixel Ltd. / fotolia.com

In cooperation with:

www.invest-in-hessen.com

We are the central point of contact for inter-national investors who wish to locate or invest inHessen. We support them in cooperation withour partners at the regional and local level andassist them every step of their way to Hessen.

Entrepreneurs and citizens of many non-EUcountries require a visa for business trips toGermany however, there are exceptions forseveral countries. Citizens from Australia,Canada, Israel, Japan, New Zealand, SouthKorea,

;

the United States and some other coun-tries may enter and stay in Germany without avisa for up to 90 days.

Contact an advisor at Hessen Trade & Invest asearly as possible to obtain quick and unbureau-cratic support from your initial inquiry to theopening of your business venture.

Citizens of all other countries require aSchengen or a German national visa for entryinto Germany. For short-term stays in Germany(stays not exceeding 90 days within any 180-dayperiod), a Schengen visa is required to travel toGermany.

A Schengen visa is generally sufficient for moststeps to establish a business in Germany. How-ever, establishing a business in Germany witha Schengen visa is no guarantee for the sub-sequent issuing of a residence permit.

filedAppli-

cations for visas must be with the German

confirming the business purpose of the trip

■ a letter of invitation by the German

■ a letter from the applicant's employer

When the entrepreneur personally applies for aSchengen visa, documents such as a copy of theforeign company's entry in the foreign com-mercial register, articles of association, andbank statements from the last three months mayalso be required.

business partner or by an official

Embassy or a Consulate in the country ofresidency. Schengen visa applicants (businessvisa applicants) will usually be asked to presentcertain documentation such as:

A visa will only be issued if you can prove thatyou have health insurance coverage inGermany. You can purchase health insurance inyour own country. Documentary evidence mustbe provided of travel health insurance with aminimum coverage of EUR 30,000 valid for theentire Schengen area.


Anyone can establish a business in Germany –irrespective of nationality or place of residence.

■ documentation of employment andsalary certificate

institution / organization

■ Advice on aspects of taxation and

■ Preparation of an opening balance sheet

contract

Source: GTAI - www.gtai.com/company-formation

Germany/Hessen■ Draft of a deed of association

Tax consultant

commercial law

■ Search for a permissible company name

The minimum share capital required to estab-lish a GmbH is EUR 25,000 (this can also bemade up of contributions or assets in kind). Atthe time of registration, at least half of theminimum capital (i.e. EUR 12,500) must beactually and verifiably contributed a bankaccount.

to

■ Draft of a managing director's contract

attorney's offices

When setting up a company in Germany, thesupport provided by our team of consultantscannot fully eliminate the need for additionalexperts – some of them are optional but oftenadvisable.

conducting business activities in

■ Possible agreement of a consultancy

Notary public

Lawyer / Attorney

■ Temporary registered office at the

■ Advice on the legal prerequisites of

company

commercial register in Hessen■ Application for entry in the local

■ Notarization of the establishment of the

■ Limited Liability Company (GmbH)

There is no specific investment legislation inGermany, nor is there a minimum percentage ofGerman required for foreignentrepreneurs. Foreign investors can choosethe most suitable legal company form as acorporation or partnership or conduct businessvia a Germany-based branch office. Either way,establishment procedures are straightforwardwith well-defined steps.

shareholders

When choosing the legal form of the company,a corporation is usually the best option forlarger, established companies. There are fourmajor forms of corporations under German law:

■ Partnership Limited by Shares (KGaA)

■ Limited Liability Entrepreneurial Company

In order to successfully register a business inGermany, certain documentation verifying theexistence of a parent company as well as thepower of representation for persons acting onbehalf of it is needed. Generally, an excerpt ofthe foreign commercial register as well as ar-ticles of association of the foreign parent com-pany will be required. The documentation mustbe notarized and either legalized or issued withan apostille. It should also be accompanied bya certified translation into German. Pleasenotice that the documentation required candiffer depending on the legal form and origin ofthe foreign company. It is advisable to consult aGerman notary at an early stage for individualadvice.

■ Stock Corporation (AG)(„Mini GmbH“)

The German limited liability company (GmbH –Gesellschaft mit beschränkter Haftung) is themost widely used legal form for corporations. Itcombines high flexibility with relatively fewobligations.

From the Frankfurt metropolitan region, you canreach all European capitals within 3 hours oftravel. And what's even better: Strong businesspartners, creative minds and highly skilledspecialists are right at your doorstep. It is for areason that over 12,500 international com-panies have already opted for this location.More than 95% would do so again.

The German market was never closer. Andsetting up business in Hessen never easier. As aglobal agency that acts locally, our investmentsection of Hessen Trade & Invest advisesdomestic and foreign companies who wish toinvest in the State of Hessen or to relocate orexpand their operations. It is the starting pointfor international founders at state level.

Germany is a globally renowned brand. "Made inGermany" stands for quality, reliability and suc-cess. Are you planning to invest? Come to Hessenin the heart of Germany. You will find direct accessto the German and European markets for yourbusiness here.

Your One Stop Shopfor EuropeanMarket Success

Health insurance for yourstay in Germany

Experts assisting in settingup the company

Company registration

Funding schemes


Fabienne PrivatSenior Manager Investor ServicesHessen Trade & Invest GmbH



Andreas DamrauSenior Manager Investor ServicesHessen Trade & Invest GmbH


Searching for businesspremises

www.invest-in-hessen.com I GG

S H

NVESTOR UIDELINEFOR THE ERMAN

TATE OF ESSEN

Your business successin Central Europe!

Agency (Bundesagentur für Arbeit).■ the approval of the Federal Employment

In order to inititate a residence permit pro-cedure for the purpose of employment or self-employment, non-EU nationals first have toapply for a national visa at the competent Ger-man mission abroad. Exceptions apply fornationals from Australia, Canada, Israel, Japan,New Zealand, South Korea, and the USA whomay enter Germany for long-term stay

Certain professional groups may obtain aresidence permit without requiring the ap-proval of the Federal Employment Agency, e.g.employed managing directors or managerialemployees.

financing in place

exists■ positive economic consequences are to be

regarding the intended business activity

expected from the investment project

A residence permit for the purpose of em-ployment among other things requires:

■ the planned investment has secure

■ a specific offer of employment, and

A residence permit for the purpose of self-employment is generally issued if:

■ an economic interest or a regional need

settlement permit (Niederlassungserlaubnis) ifthey want to run a business in Germany inperson or if they are employed in Germany. Aresidence permit is always limited in time, asettlement permit is unlimited. A settlementpermit will usually be issued if a non-EU citizenhas been in possession of a residence permit forat least five years. Both residence and settle-ment permit are always issued for a specificpurpose, usually for the purpose of self-employment or for the purpose of taking upemployment in Germany.

After the location decision has been made, thenew German corporationAll

has to be registered.companies carrying out commercial

business operations obligatedare to incor-porate at the public commercial register(Handelsregister) which provides legallyrelevant information about merchants andcommercial companies. The commercial reg-ister is managed by the district court where itcan be viewed by the public .Additionally, all business operators must notifythe trade office (Gewerbe-/ Ordnungsamt) ofthe town in which the business operation islocated.

free of charge

A business license or permit is notnecessary in the majority of cases, but only insome sectors.

Entrepreneurs from non-EU countries require aresidence permit (Aufenthaltserlaubnis) or a

Foreign companies aiming to set up office inHessen can obtain funding under certaincircumstances. Incentive systems are availablebut always The team offunding experts WI Bank Hessen is preparedto provide you with information relating to yourindividual funding prerequisites. We can helpyou to get in touch.

on a case-by-case basis.at

Personnel consultants/recruitment agencies

Bank■ Opening a business account for the

search and selection of further experts

company

■ Job analysis and sourcing

Personnel matters are expensive and time-consuming. HR companies can support youwith the following services:

■ Your personal is also available tocounselor

■ Home office (for the initial phase of getting

offer advice and practical assistance in your

■ Interviews and suggestion of candidates

■ Paying in the share capital

■ Office space■ Office space in a business center

■ Screening and selection

■ Commercial premises/space

started)

A registered business address is required forconducting commercial operations in Germany.Options for business premises in Hessen are thefollowing:

Your advisor can support you to find the rightpremises in close cooperation with economicdevelopment partners at regional and citylevels.

■ Find attractive showroomsing

connections

business trip)

■ Search for business contacts

■ Adaption of the business plan according tonew prerequisites (e.g. after your initial

■ Search for housing

■ suitable warehousing spaceIdentifying

■ Production of letterheads, business cards■ Purchase of a motor vehicle (if necessary)

■ Preparation and implementation of a

■ Purchase of office equipment, machinery, etc.

■ Search for business partners

marketing concept

■ Staff recruitment

When commencing business operations inHessen, the following aspects need to beconsidered:

regulations and on commercial statutes■ Information on customs terms, on technical

■ Installation of telephone and internet


purposes without a national visa. They candirectly apply for the necessary residencepermit at the local immigration office inGermany.

Commencing businessoperations

Residence permit andsettlement permit

Foreign direct investments in Hessen2012 — 2018

© Hessen Trade & Invest GmbH, 2019

Contact us

Visa for a business tripto Germany

Documents needed toset up a company

Konradinerallee 965189 Wiesbaden, Germany

Imprint

www.htai.de

Design:

A&M Service GmbH, Elz

P 2. © capitanoseye / RCC Agentur für integrierteKommunikation GmbH

© Christof Mattes Fotodesign / www.herrmattes.de

www.grundfarben.de

Publisher & Editor:Hessen Trade & Invest GmbH

Image Credits:

Grundfarben Werbeagentur / Gießen

Printing:

P 1. © lev dolgachov / stock.adobe.com

© zapp2photo / stock.adobe.com

© Nataliya Hora / stock.adobe.com

In cooperation with:

© Rawpixel Ltd. / fotolia.com

Responsible:Andreas Damrau, Fabienne Privat

www.invest-in-hessen.com

We are the central point of contact for inter-national investors who wish to locate or invest inHessen. We support them in cooperation withour partners at the regional and local level andassist them every step of their way to Hessen.

Entrepreneurs and citizens of many non-EUcountries require a visa for business trips toGermany however, there are exceptions forseveral countries. Citizens from Australia,Canada, Israel, Japan, New Zealand, SouthKorea,

;

the United States and some other coun-tries may enter and stay in Germany without avisa for up to 90 days.

Contact an advisor at Hessen Trade & Invest asearly as possible to obtain quick and unbureau-cratic support from your initial inquiry to theopening of your business venture.

Citizens of all other countries require aSchengen or a German national visa for entryinto Germany. For short-term stays in Germany(stays not exceeding 90 days within any 180-dayperiod), a Schengen visa is required to travel toGermany.

A Schengen visa is generally sufficient for moststeps to establish a business in Germany. How-ever, establishing a business in Germany witha Schengen visa is no guarantee for the sub-sequent issuing of a residence permit.

filedAppli-

cations for visas must be with the German

business partner or by an official

Embassy or a Consulate in the country ofresidency. Schengen visa applicants (businessvisa applicants) will usually be asked to presentcertain documentation such as:

■ a letter from the applicant's employer

institution / organization■ documentation of employment and

salary certificate

confirming the business purpose of the trip

■ a letter of invitation by the German

When the entrepreneur personally applies for aSchengen visa, documents such as a copy of theforeign company's entry in the foreign com-mercial register, articles of association, andbank statements from the last three months mayalso be required.


A visa will only be issued if you can prove thatyou have health insurance coverage inGermany. You can purchase health insurance inyour own country. Documentary evidence mustbe provided of travel health insurance with aminimum coverage of EUR 30,000 valid for theentire Schengen area.

Anyone can establish a business in Germany –irrespective of nationality or place of residence.

The minimum share capital required to estab-lish a GmbH is EUR 25,000 (this can also bemade up of contributions or assets in kind). Atthe time of registration, at least half of theminimum capital (i.e. EUR 12,500) must beactually and verifiably contributed a bankaccount.

to

Source: GTAI - www.gtai.com/company-formation

company

■ Preparation of an opening balance sheet

Lawyer / Attorney■ Advice on the legal prerequisites of

attorney's offices

■ Possible agreement of a consultancy

■ Application for entry in the local

■ Draft of a managing director's contract

When setting up a company in Germany, thesupport provided by our team of consultantscannot fully eliminate the need for additionalexperts – some of them are optional but oftenadvisable.

■ Temporary registered office at the

Germany/Hessen

■ Search for a permissible company name

conducting business activities in

commercial register in Hessen

■ Advice on aspects of taxation and

contract

Tax consultant

■ Notarization of the establishment of the

■ Draft of a deed of association

Notary public

commercial law

■ Limited Liability Company (GmbH)■ Limited Liability Entrepreneurial Company

When choosing the legal form of the company,a corporation is usually the best option forlarger, established companies. There are fourmajor forms of corporations under German law:

There is no specific investment legislation inGermany, nor is there a minimum percentage ofGerman required for foreignentrepreneurs. Foreign investors can choosethe most suitable legal company form as acorporation or partnership or conduct businessvia a Germany-based branch office. Either way,establishment procedures are straightforwardwith well-defined steps.

shareholders

■ Stock Corporation (AG)■ Partnership Limited by Shares (KGaA)

The German limited liability company (GmbH –Gesellschaft mit beschränkter Haftung) is themost widely used legal form for corporations. Itcombines high flexibility with relatively fewobligations.

In order to successfully register a business inGermany, certain documentation verifying theexistence of a parent company as well as thepower of representation for persons acting onbehalf of it is needed. Generally, an excerpt ofthe foreign commercial register as well as ar-ticles of association of the foreign parent com-pany will be required. The documentation mustbe notarized and either legalized or issued withan apostille. It should also be accompanied bya certified translation into German. Pleasenotice that the documentation required candiffer depending on the legal form and origin ofthe foreign company. It is advisable to consult aGerman notary at an early stage for individualadvice.

(„Mini GmbH“)

From the Frankfurt metropolitan region, you canreach all European capitals within 3 hours oftravel. And what's even better: Strong businesspartners, creative minds and highly skilledspecialists are right at your doorstep. It is for areason that over 12,500 international com-panies have already opted for this location.More than 95% would do so again.

The German market was never closer. Andsetting up business in Hessen never easier. As aglobal agency that acts locally, our investmentsection of Hessen Trade & Invest advisesdomestic and foreign companies who wish toinvest in the State of Hessen or to relocate orexpand their operations. It is the starting pointfor international founders at state level.

Germany is a globally renowned brand. "Made inGermany" stands for quality, reliability and suc-cess. Are you planning to invest? Come to Hessenin the heart of Germany. You will find direct accessto the German and European markets for yourbusiness here.

Your One Stop Shopfor EuropeanMarket Success

Health insurance for yourstay in Germany

Experts assisting in settingup the company