The Joint Stock Company in Germany

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The Joint Stock Company in Germany A presentation brought to you by LawyersGermany.com 1

Transcript of The Joint Stock Company in Germany

Page 1: The Joint Stock Company in Germany

The Joint Stock Company in Germany

A presentation brought to youby LawyersGermany.com

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Page 2: The Joint Stock Company in Germany

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The German Joint Stock Company >>

• Germany has a vast legislation on the registration and management of companies.

• The joint stock company (Aktiengesellschaft, AG) falls under the specific regulations of the German Stock Corporation Act (AktG).

• The regulation provides a comprehensive framework for the registration of such companies, its management, as well as on the rights and obligations of the shareholders.

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>> The German Joint Stock Company

• The German joint stock company is also regulated by other important regulations.

• Such companies must respect the provisions of the German Civil Code and the Insolvency Code.

• In the situation in which a joint stock company must be liquidated, it must follow the regulations applicable under the German Insolvency Code.

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Open a German Joint Stock Company >>

• German joint stock corporations may be registered by one person or legal entity .

• A joint stock company in Germany has as a main statutory document the articles of association.

• The German AG’s management system is comprised of two main entities:

the management board;

the supervisory board.

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>> Open a German Joint Stock Company

• The management board will manage the German AG’s day-to-day activities.

• The supervisory board will monitor the management board’s activities.

• The shareholders of the German company will exercise their powers during the annual general meeting or other extraordinary meetings.

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Requirements for Opening a Joint Stock Company

• In terms of capital, the joint stock company must have a minimum share capital of 50,000 euros.

• The capital must be deposited during the incorporation procedures.

• The German joint stock company’s name must contain the words Aktiengesellschaft or the abbreviation AG.

• The name must be registered with the German Commercial Register.

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Joint Stock Company – Accounting >>• Our team of lawyers in Germany can

assist investors with legal assistance on the accounting procedures applicable for a joint stock company.

• The company must register for taxation purposes.

• The management board is required to maintain the accounts.

• It also has the obligation of preparing the annual accounts, as well as the annual balance sheet.

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>> Joint Stock Company – Accounting • The management board has the

responsibility of preparing other relevant accounting documents, such as:

the profit and loss statements;

notes on the bookkeeping.

• Further on, such documents will be verified by the company’s supervisory board.

• Our team of attorneys in Germany can offer advice in this sense.

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Joint Stock Company – Taxation• In terms of taxation, the joint stock

company is liable to paying the taxes prescribed for other commercial companies.

• In this sense, we mention the following:

the corporate tax;

the dividend tax;

the trade tax.

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Business Consultancy in Germany

• When investing in Germany, the investors will need to find a suitable location for their company.

• Our German lawyers can assist investors in this matter, as well as in other legal aspects, such as signing a contract with another company.

• Please contact our law firm in Germany for in-depth information on our legal services.

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Thank you for your attention!

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