Yes—and it’s less complicated than you might think. German corporate law imposes no nationality restrictions on the founders or shareholders of a GmbH. Anyone who has the necessary documents and meets the legal requirements can become a shareholder in a German GmbH or establish one—regardless of their nationality or place of residence. The key issue is not the formation itself, but rather what you plan to do with the company afterward: If you intend to conduct business operations in Germany and reside here permanently, you need the appropriate residence permit. This depends on the role you play in the company and the size of your stake.

A pure investor who holds a stake in a German GmbH as a shareholder without working or residing in Germany does not generally require a German residence permit for the investment itself. Foreign shareholders can hold their shares and receive dividends without ever having a permanent presence in Germany. The situation is different if you live in Germany and wish to work for the GmbH—whether as a managing director or in another capacity. In that case, a residence permit with the appropriate authorization to engage in gainful employment is required. Which path is the right one depends on your specific circumstances: Are you the sole shareholder, a majority shareholder, or a minority shareholder? Do you manage the company yourself, or do you hire a managing director? We advice you in your options and develop with you the perfect path to Germany.

You should expect the actual formation of the GmbH to take three to six weeks, provided all documents are complete. Notarization, payment of the share capital, and entry in the commercial register can be prepared, organized and handled by us. The residence permit is the second step and, based on experience, takes more time. Depending on the responsible immigration office and the completeness of the documents, processing times of several months are common. Ideally, both procedures run in parallel, which requires good coordination. Those who start out with unrealistic expectations lose valuable time. Thus, we offer reliable services based on more than 25 years experience, excelent know-how and specializiations and close personal guidance.

No. The founder does not need to have a German residence to establish a GmbH. However, the company itself must have a registered office in Germany. That is a registered business address where it can be reached. This can initially be a business address. If you later wish to work and reside in Germany personally, you will need a corresponding residence in connection with a residence permit.

The more you take care of in advance, the smoother your start will be. It makes sense to clarify at least the following basics before entering the country: • What corporate structure do you have in min - will you enter a sole proprietorship or do you plan to found with partners? • Is there already a business plan in place that demonstrates the viability of the business idea? • Do you have enough equity capital to secure the start of your business and pay for your personal costs? • What role will you play in the company?