Company & Commercial · Germany
Company formation in Germany, with a specialised lawyer beside you
Company formation in Germany touches commercial, notarial and administrative rules, and an error at the beginning is expensive to unpick later. Tell us what you are building and we will match you, free of charge, with a German-qualified lawyer who handles this kind of work. You decide afterwards whether to instruct.
- Lawyers admitted in Germany only
- Notarial and registration questions covered
- Fees predictable under the statutory RVG scale
Free matching · No obligation to instruct · First response usually within 24–48 hours
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What a German lawyer actually does for a new company
Setting up a business in Germany raises questions a general search will not settle: which legal form fits your plans, how contracts with co-founders, landlords and suppliers should read, and what happens if a partner, a payment or a permit goes wrong. This page explains how the German legal framework works in practice and how we connect you with a lawyer who handles company formation in Germany for international clients. You describe your project in one short form; we match you, at no cost, with a German-qualified lawyer. There is no obligation to instruct, and you keep control of every decision from the first call onwards.
Germany in detail
How the German system works around a new business
German business law is federal, codified and largely statute-driven, so the practical questions for a founder are about legal form, courts and timing rather than case law. Court proceedings and official correspondence are conducted in German, and the framework described below is set by federal law, which generally prevails over the law of the sixteen Länder.
Who is allowed to advise you
Legal advice is given by lawyers admitted in Germany. Admission requires the qualification for judicial office (Befähigung zum Richteramt), gained through two state examinations after university study and a Referendariat traineeship. Every admitted lawyer is compulsorily a member of the regional Rechtsanwaltskammer for their district; the 28 regional chambers are coordinated by the federal Bundesrechtsanwaltskammer (BRAK), which adopts the professional conduct rules.
Courts that hear business disputes
Ordinary civil jurisdiction has four tiers. Local courts (Amtsgerichte) are the first instance for smaller claims, mainly up to €5,000; regional courts (Landgerichte) hear larger claims and appeals from local-court judgments. Before the Landgericht and the Oberlandesgericht you must be represented by a lawyer, and only specially admitted lawyers may appear before the Federal Court of Justice (BGH), which reviews points of law only.
What legal work costs
Court fees are fixed by statute under the Gerichtskostengesetz and follow the amount in dispute. Lawyer fees follow the Rechtsanwaltsvergütungsgesetz, which sets a rate for each procedural step, so fees are predictable and largely independent of hours worked; hourly and success-based fees are permitted only within narrow limits. In civil litigation the losing party generally bears the court fees and the winner’s statutory lawyer fees (Section 91 ZPO).
Notarial form when your company buys property
A contract by which a party undertakes to transfer or acquire ownership of land must be recorded by a notary (Section 311b(1) BGB). Without that form the contract is void (Section 125 BGB) and is cured only if the conveyance (Auflassung) and registration in the land register follow. The notary must also advise on the legal implications under Section 17 BeurkG.
The land register and secure title
Ownership of real property passes through two acts: the agreement on transfer (Auflassung), which must be declared before a notary under Sections 873 and 925 BGB, and the registration of the new owner in the Grundbuch kept by the local court (Grundbuchamt). Registration has constitutive effect and the register enjoys public faith, so entries are presumed correct and a purchaser acting in good faith is protected.
Deadlines that can catch a new business
The regular limitation period for most civil claims in Germany is three years (Section 195 BGB), running from the end of the year in which the claim arose and the creditor knew, or ought to have known, of the facts and the debtor’s identity (Section 199 BGB). Special periods apply to certain claims, including 30 years for claims established by final judgment, so limitation analysis is fact-sensitive.
Key time limit — Commercial & Corporate Law
Debt claim (limitation period) — 3 years. The regular limitation period for most civil claims, including unpaid invoices owed to a young company.
The country information on this page is drawn from official German statutory texts, the Bundesrechtsanwaltskammer and the European e-Justice Portal, checked at the time of publication.
- European e-Justice Portal – National justice systems: Germany
- Bundesrechtsanwaltskammer (BRAK)
- Section 78 ZPO – mandatory representation by a lawyer
- European e-Justice Portal – Legal aid in Germany
- Section 311b BGB – notarial recording of land contracts
- Grundbuch, Auflassung and registration – federal services portal
- Section 195 BGB – regular limitation period
- Section 4 KSchG – three-week dismissal deadline
- Section 1566 BGB – divorce after one year of separation
- Section 1944 BGB – disclaimer of an inheritance
- Section 573c BGB – notice period for residential tenancy
- Section 70 VwGO – one-month administrative appeal deadline
Common problems
Where founders get stuck
Most delays and unexpected bills start with a question that was never asked at the right moment.
Comparing legal forms alone
Every website tells you something different about the right structure. Without knowing which form fits your investors, your tax position and your liability plans, the choice feels like a gamble rather than a decision.
Documents you can read but not assess
Supplier terms, co-founder agreements and commercial leases arrive as long German documents. You can follow the words, but the clauses that carry the most risk are rarely the ones that stand out on a first reading.
Formalities that do not wait
Signatures, filings and registration steps follow their own timetable. Founders who leave formalities until later often find that a step came earlier than they assumed, and putting it right takes longer than doing it once.
How we help
Why clients use our matching service
One short request, a shortlist of practices that actually handle your kind of matter, and no charge for the introduction.
Matched with a German-qualified lawyer
Every lawyer we introduce has been admitted in Germany after the two state examinations and belongs to their regional Rechtsanwaltskammer, so your matter is handled by someone who practises under the German professional rules.
Free and without obligation
You describe your project once. We compare it with the work of lawyers who handle company formation and commercial matters for international clients, and you receive a shortlist. Nothing is charged for the introduction.
Fee clarity before you commit
German lawyer fees in court work follow the statutory RVG scale, calculated from the value in dispute, so you can ask for a realistic estimate before instructing. Your lawyer sets out the basis in writing first.
Coverage where you need it
Our network includes practices in Berlin, Munich, Hamburg, Frankfurt am Main, Cologne, Düsseldorf, Stuttgart and Leipzig, so you can work with a lawyer familiar with the courts and authorities relevant to your business.
Clients we work with
Founders approach us from across Europe
We regularly receive requests from clients based outside Germany who are setting up, buying into or restructuring a business there. Wherever you are writing from, you are matched with a lawyer who advises in your language of work and knows the German rules that apply.
Questions
Company formation in Germany: frequently asked questions
Do I need a lawyer for company formation in Germany?
It depends on the steps you take. The choices that shape a company — legal form, agreements between founders, commercial leases and property — are where German legal advice matters most, and representation before the regional and higher regional courts is reserved to lawyers in any event. We match you free of charge; you decide whether to instruct.
Which German courts would hear a dispute about my business?
Ordinary civil claims go first to the local court (Amtsgericht) for smaller amounts, mainly up to €5,000, and to the regional court (Landgericht) for larger ones. Before the Landgericht and the higher regional court you must be represented by a lawyer; before the Federal Court of Justice only specially admitted lawyers may appear.
Does buying premises for my company in Germany need a notary?
Yes. Any contract by which a party undertakes to transfer or acquire ownership of land must be recorded by a notary under Section 311b(1) BGB. Without that form the contract is void and is cured only if the conveyance (Auflassung) and registration in the land register follow. The notary must also advise on the legal implications.
How are lawyer and court fees calculated in Germany?
Court fees are set by statute under the Gerichtskostengesetz on a scale tied to the amount in dispute. Lawyer fees follow the Rechtsanwaltsvergütungsgesetz, which fixes a rate for each procedural step rather than billing by the hour. In civil litigation the losing party generally bears the court fees and the opponent’s statutory lawyer fees.
How long does a claim for an unpaid invoice last in Germany?
The regular limitation period for most civil claims is three years under Section 195 BGB. It runs from the end of the year in which the claim arose and you knew, or ought to have known, of the facts and the debtor’s identity. Other periods apply to certain claims, including 30 years for claims established by final judgment, so analysis is fact-sensitive.
Is legal aid available in Germany?
German legal aid distinguishes Beratungshilfe for out-of-court advice from Prozesskostenhilfe for court proceedings. Prozesskostenhilfe is available in civil, labour, administrative, social and fiscal proceedings to parties who cannot afford the costs, covering court and lawyer fees, subject to an income test with repayment if circumstances improve. It is not available to criminal defendants.
Next step
Find the right German lawyer for your project
Tell us in a few lines what you are setting up, where and with whom. We will match you with a German-qualified lawyer who handles company formation and commercial work, free of charge and with no obligation to instruct.