4.2 Legal Requirements

• The first step when establishing a busi­ness as a business person is to fill out the Business Registration at the Lo­cal Trade Licensing Office, as a result of which the business is entered in the Local Trade Register.
  A license or approval for the Business Registration is not necessary in the majority of cases.
  Chamber membership is automatic and mandatory. The reason for man­datory membership is that the cham­bers repre­sent the interests of their member com­panies in dealings with the government.
  
  With the registration of business you obtain a certificate of registration to commence business and all responsible authorities will be informed to supervise your business. The required documents will be checked. The office for­wards the registration to
  • The Tax Au­thority
  • The Chambers of Industry and Commerce
  • The Chamber of Skilled Crafts
  • The regional Statistical Office
  • The Commercial Registration Court
  • Employer's Liability Insurance Association
  
  (Quotation of www.invest-in-Germany.de)
  
  Required documents for the Business Registration
  
  
  • Personal data of the Managing Director/s
  • The authorisation of the company for the representative who registers business in Germany in copy / notarized translation
  • Proof of identity with identity card or passport
  • Address of the authorized person in Germany (for Non EU-Citizens: Residence Permit of the responsible Foreigner office (included work permit))
  • Articles of association respective partnership in copy / notarized translation
    
  • Certificate of registration from the responsible justice in copy / notarized translation
  
  Fixed fee for registration of a representative office: 30 Euro
  
  Contact:
  
  Landeshauptstadt Hannover, Fachbereich Recht und Ordnung, Gewerbemeldestelle
  Vordere Schöneworth 14, 30167 Hannover
  Phone: 0511/168-31157, Fax: 0511/169-31173
  Email: 32.2@hannover-stadt.de
  Internetlink
  

  Consultation hours (and by arrangement):
  Monday from 08.30 till 13.00 h
  Tuesday from 08.30 till13.00 h
  Thursday from 08.30 till 13.00 h and from from 14.00 till 17.00 h
  Friday from 08.30 till 13.00 h

  
  The second step when establishing a busi­ness as a business person is the Entry in the Commercial Register. The Commercial Register is a list of all busi­ness persons and business com­panies and can be viewed by anyone free of charge at the local court. From 2007 it will also be available online. It contains information on the names of the companies, their legal form, and their partners. All business per­sons except small business persons are required to be registered in the Commercial Register. The costs for entering a sole pro­prietorship or part­nership are currently at least 250 Eu­ro. In the case of a GmbH, the costs are based on the business value. The application for entry into the Com­mercial Register must be submitted in a form certified by a notary.
  
  When partnerships or sole proprietor­ships are entered in the Commercial Register, it is recommendable to seek the advice of a law­yer. Corporations can only be entered in the Commercial Register via a notary.
  
  If a company that must be registered takes up business operations before being entered in the Commercial Reg­ister, the partners are personally liable for any losses up to this point. This also applies for a GmbH and AG.
  
  (Quotation of www.invest-in-Germany.de)
  
  Required documents for the Entry in the Commercial Register
  
  
  • Personal data of the Managing Director/s
  • The authorisation of the company for the representative who registers business in Germany in copy / notarized translation
  • Proof of identity with identity card or passport
  • Articles of association respective partnership in copy / notarized translation
    
  • Certificate of registration from the responsible justice in copy / notarized translation
  • Certificate of Business Registration
  • Business Plan
  • Letter of Invitation from hannoverimpuls
    
  
  To hire a notary is also useful for preparing a Business Plan. Important points of a Business Plan are:
  • Payment of stated share or equity capital  into a primary bank account must be notarized!
  • Proof that com­pany name is characteristic and dis­tinctive
  • Preparation of the necessary articles of association, powers of at­torney, resolutions and relevant dec­larations