The various legal forms differ in key characteristics, e.g. with regard to the company’s assets, the liability of the company or the managing directors and shareholders, the capacity to act and tax obligations. In order to find the appropriate legal form for your company, the financial, economic and entrepreneurial goals must be clearly defined in advance.
If you prefer an affordable foundation and low administrative costs compared to extended possibilities for limitation of liability, a partnership – such as a GbR or OHG – might be the more suitable option. However, if, on the other hand, the exclusion of the personal liability of the partners with their private assets is decisive for you and if, in addition, a higher amount of money is available to you for foundation, a corporation – such as a GmbH or UG – is more preferable.
If the aim is to enable outside persons to participate without any problems and in a tax-optimised manner, a hybrid form – such as GmbH & Co. KG or UG & Co. KG – can be considered.
Joint Ventures in Company Law
Our team of attorneys also provides you with its expertise in corporate law in the implementation of – increasingly popular – national and international joint ventures. We support the structuring, organisation and actual realisation of the joint venture.
Joint ventures offer a wide range of corporate and entrepreneurial opportunities. On the one hand, business experience, capital, organisation, manpower and means of production of participating companies can be combined in order to fully exploit the joint potential in a new project. In addition, joint ventures can also serve to restructure or reorganize already established companies or to promote the slow exit from a business area.
Establishing a common consensus in all business areas of the joint project is a particular challenge in joint ventures. This is because these joint ventures involve at least two existing, independent companies that already have independent business concepts and structures and therefore have individual ideas.
In order to avoid later disputes, the interests of the partners must therefore be discussed and contractual arrangements made when a joint venture is set up. Some basic points of discussion are absolutely necessary during the preparation in order to clear up misunderstandings and to be able to establish consensus or agree on compromises.