In Austria, GmbHs can already be incorporated online. In Germany, this will be possible from August 2022. In this article we explain how to incorporate a GmbH online in Austria. The required notarial deed for the incorporation of a GmbH can be obtained immediately here .
Is a GmbH suitable for me and my business?
The first thing to consider before incorporating a GmbH is: do I need a GmbH at all? A GmbH has the great advantage that shareholders are not personally liable for the debts of the company. If the company becomes insolvent, the private assets of the shareholders remain unaffected. Another reason for incorporating a GmbH can be tax advantages.
However, it should also be kept in mind that incorporating a GmbH incurs costs. In addition, the bureaucratic effort increases compared to other forms of organization. Therefore, incorporating a GmbH does not always have to be advantageous.
If you are not sure whether a GmbH is the best fits for you, you can get advice from notarity's partner notaries. Such an initial consultation is free of charge and can take place in a video conference. You can easily make an appointment for such an initial consultation by using the contact form at the end of this article.
Necessary documents for incorporating a GmbH
The documents needed for the incorporation of a GmbH must be prepared. This usually requires:
- Articles of Association :The articles of association regulate the organization of the company. It specifies, for example, who may represent the GmbH or how profits are to be divided among the shareholders.
- Resolution of the shareholders to appoint a managing director.
- Sample signature of the managing director. This is a signature of the managing director that is deposited with the company register. The purpose of this sample signature is to enable third parties to compare the signature of the managing director with a signature they have received.
- Registration with the commercial register.
Partner notaries at notarity will be happy to advise you on the individual regulations and prepare the documents. Preparing the documents with a notary is usually the cheapest option. Of course, the documents can also be prepared by a law firm.
Online notarial deed for incorporating a GmbH with notarity
In order to incorporate a GmbH online, it is necessary to draw up the articles of associations as Notarial Deed The other documents have to be signed with a notarised signature . Both the notarial deed and the notarization of signatures can be done completely digitally via notarity . To do this, you meet with a notary partner in a video conference. The notary reads out the partnership agreement and explains the exact content of the individual provisions. This ensures that each of you knows exactly what you are signing and what you are committing to. You can book an appointment to incorporate your GmbH with a notary here.
Advantages of the online GmbH incorporation
The advantages of incorporating a GmbH online are that it can be carried out flexibly in terms of time and location. Your incorporation is therefore quick, uncomplicated and efficient. All necessary documents are set up digitally. This means that they are available as PDF files. They are also sent to the competent courts in this form. For you, this means that you can simply file the documents electronically. This saves you the cumbersome and insecure physical archiving and scanning of documents.
Simplified GmbH incorporation
In Austria there are special rules for incorporating a one-person GmbH. In the case of the one-person GmbH, the special feature is that it is established without a Notarial Deed The incorporation can be carried out completely digitally via the Company service portal.
However, there is only a very small scope of application for the simplified GmbH incorporation. The simplified GmbH incorporation is regulated in § 9a GmbHG. In order to qualify for a simplified GmbH incorporation, the following requirements must be met:
- The GmbH may have only one shareholder;
- This shareholder must also be the managing director of the GmbH;
- The incorporation must be made with a declaration of establishment. There are rigid requirements for the form of the declaration of incorporation. Therefore, no flexible regulations can be made in a partnership agreement.
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