Notaries: A legally secure start to setting up a business

The path from idea to your own company raises numerous legal questions. Entrepreneurs benefit from reliable legal advice from notaries when setting up a business. Their neutral, competent support ensures that start-ups are on a solid footing right from the start.

Get clarity early on—on-site or online

„Especially for young companies, it is crucial to establish clear contractual arrangements at an early stage—regarding participation, voting rights, or possible exit scenarios. Notaries help to address these issues strategically and find a legally secure solution,“ says Dr. Markus Baschnagel, Managing Director of the Baden-Württemberg Chamber of Notaries. „We support founders as neutral advisors, providing legal advice, drafting documents, notarizing and registering with the commercial register, and even assisting with financing rounds – whether on site or online.“

Since 2022, it has been possible to establish limited liability companies online using video certification; it is not necessary to be present at the notary's office. The requirements are an identity card with eID function and associated PIN, a smartphone with camera and NFC interface, and a computer with webcam, microphone, speakers, and internet connection. For ID cards issued before August 2, 2021, a passport is also required for verification. ID documents and passports from EU or EEA member states that have an eID function also allow for online notarization.

Central point of contact for all aspects of setting up a business

Interested parties can obtain comprehensive information even before visiting the notary's office. The website gmbh-gruenden.notar.de provides information on all legal requirements for establishing a limited liability company (GmbH). In addition, the entire establishment process is explained in detail:

  • Notaries assist in drafting the articles of association, determining the share capital, and other important key points.
  • At the notarization appointment
    • the partnership agreement is read aloud, explained, and signed by all partners;
    • After receiving notarized instruction, the managing directors sign the commercial register application and the list of shareholders.
  • After the appointment with the notary, the share capital is paid in and the company is entered in the commercial register—and the LLC is formed.
  • After registration, the parties involved take the next steps. Registration in the transparency register and application for a tax number must be arranged, as well as business registration if necessary.

„With the new online offering at gmbh-gruenden.notar.de Notaries make the incorporation process even more accessible,“ Baschnagel continues. „Of course, the website is no substitute for individual advice from notaries. However, the platform links directly to the notary search at www.notar.de and also enables the start of the notarial online procedure – simple, direct, and secure.“

„If you're smart, you'll go straight to the notary.“

Another key advantage of starting at a notary's office is that the notary fees for start-up advice and the drafting of the articles of association are already included in the notarization fees—additional consultation appointments in advance do not incur separate fees. „So-called ‚start-up packages‘ offered online usually do not offer any added value at higher costs. If you're smart, you'll go straight to a notary,“ concludes Baschnagel.

 

 

More information and images on this and other topics can be found on the website of the media network of the chambers of notaries at:

www.medienverbund-notarkammern.de.

 

 

About the media association of the chambers of notaries

The Media Association of Notary Chambers is an association of professional organizations representing full-time notaries. Its members are the Bavarian Notary Association, the Notary Chamber of Baden-Württemberg, the Notary Chamber of Brandenburg, the Hamburg Notary Chamber, the Notary Chamber of Mecklenburg-Western Pomerania, the Notary Chamber of Koblenz, the Notary Chamber of the Palatinate, the Rhenish Notary Chamber, the Notary Chamber of Saxony, the Notary Chamber of Saxony-Anhalt, and the Notary Chamber of Thuringia. The media association of notary chambers provides information on topics where citizens can expect assistance from notaries.