Notary Services: Companies2018-09-02T14:28:03+00:00

Notary Services: Companies


Managing a company can regularly create high demands for the founder. Alongside commercial aspects, certain legal issues must also be accounted for, such as for example immediately registering the company in the companies register. Finally, corporate succession must also be planned.


The proper formation of your company is the foundation of its future success. When choosing the right legal form, numerous factors must be accounted for, such as company law aspects, questions of liability, tax law and accounting issues. Given the right company form, your company structure will be adjusted to reflect your individual needs such as, for example, how shareholder voting rights will be distributed, how management will be conducted, or who will be duly authorized to represent the company.

Once the foundation charter has been established as a certificate of incorporation, your company must be duly registered in the companies’ register. In addition, there are numerous other registration duties, including in particular registering with the financial authorities.

Forming companies is a main focus of a notary’s activities. German law requires that a notary be involved in the formation of a German corporation. Notaries therefore offer highly qualified advice and consultation in regard to all legal aspects of company formation. Following notarization, they also ensure that the certificate of incorporation is duly entered, especially in regard to its registration in the commercial register.

The fact that notaries have an electronic connection to the courts of registry means they have the swiftest means of registering your company in the commercial register of the given court of jurisdiction. Usually, your company will be registered in the commercial register just a few days after notarization, and you will be able to concentrate entirely on making your business idea a commercial success.


Nothing is as constant as change, and that applies particularly in regard to companies. Therefore, when making structural changes to your company such as amendments to the articles of incorporation, capital measures or company transformation measures, you can always rely on the sound legal advice of your notary. From changing a company name to a cross-border M&A acquisition, your notary will draft the necessary documents and see to it that they are duly executed and registered.


Passing your company on to the next generation is one of the most difficult tasks any businessperson will face. Whereas many prefer the idea of a business being handed over “with warm hands” meaning during their lifetimes, business owners in Germany oftentimes shy away from doing so given the many complex corporate, tax and family law issues that arise in that context.

Many business owners are also vexed by the idea of their own withdrawal from the businesses they founded. Still, the risks of unresolved succession are tremendous, and failing to properly determine the issue of succession can within a relatively short time literally ruin a person’s lifetime achievements.

Timely planning allows for a realistic assessment of the leadership and management qualities of the foreseen successor. It also provides for a smooth transition of leadership that gives current owners the opportunity to correct any undesired developments.

Moreover, early planning allows for the realization of tax advantages including certain tax exemptions and allowances. Finally, a balanced contractual regimen helps exiting business owners ensure that they will be financially taken care of and not subject to any undue liability after retirement.

As a result of the interplay of corporate law, inheritance law and family law issues, corporate succession matters can be challenging to legal professionals. They are a core area of notary practice requiring a high degree of expertise and experience, which is also why Notary Delia Reinders is an ideal partner.

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