Choose The Right Legal Form For Your Business in Germany

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Trizia Medina
Freelance Content Creator

Trizia Medina, a Mass Communication graduate, began her writing journey as a student journalist and has been freelance writing since 2019. She loves exploring diverse styles and trends, from social media posts to science features, fueled by a passion for meaningful storytelling that connects audiences.

Key Takeaways

Choosing a legal form for your business is an important step when founding a company in Germany. The legal form determines what laws, tax, and accounting regulations will apply to your business.
The “sole proprietorship (Einzelunternehmen)” is the most popular legal form in Germany. It’s easy and quick to set up and is suitable for most founders starting a company alone.
If you are starting a business with a partner, “Partnership (GbR, OHG, PartG, KG) legal forms” are a good option. They are also cost-effective and easy to set up.
Founders for whom limited liability is paramount can choose “Capital company (GmbH, UG, AG)” legal forms. However, these legal forms are more expensive and complex to set up.

This is how you do it

You should write down the important factors and pick a legal form that fulfills your criteria.
Consider the criteria mentioned in this guide when choosing a legal form for your business.
You can also consult a tax advisor to find out which legal form is the best for your business from a tax perspective. A good tax advisor can also help you set up a business in Germany and answer your questions. You can consult the tax advisor we recommend here.
Open a business account to keep private and business transactions separate. We find the following business bank accounts to be the best in Germany: Vivid*, N26*, Finom*, Fyrst*(in German only)..
Use bookkeeping software from the start to keep accounting efforts low. We find the following bookkeeping software to be the best in Germany: Lexware* (German), Sevdesk* (German), Norman* (English), and Quickbooks.

What is a legal form in Germany (Rechtsformen)?

A business’s legal form (Rechtsformen) determines the formalities when setting up a company and how it will operate.

The following laws regulate companies in Germany.

German Civil Code (BGB)
German Commercial Code (HGB)
German Limited Liability Companies Act (GmbHG)
German Stock Corporation Act (Aktiengesetz)

Different types of legal forms in Germany

Legal forms in Germany can be divided into three main categories:

Sole proprietorships (Einzelunternehmen)	Partnerships (Personengesellschaften)	Capital companies (Kapitalgesellschaften)
– Freelancer (Freiberufler/innen) – Small business (Kleingewerbe) or sole trader (Kleingewerbetreibende) – Merchant (Kaufmann/Kauffrau (e.K.))	– Partnership under civil law (Gesellschaft Bürgerlichen Rechts (GBR)) – General partnership (Offene Handelsgesellschaft (OH)) – Limited partnership (Kommanditgesellschaft (KG))	– Limited liability company (Gesellschaft mit beschränkter Haftung (GmbH)) – Limited liability company (Unternehmergesellschaft (UG)) – Stock corporation (Aktiengesellschaft (AG)) – Non Profit (Gemeinnützige) — gGmbH — gUG – Limited (Limited)

There are also mixed legal forms (Mischrechtsform), such as “GmbH & Co. KG” or the “partnership limited by shares (KGaA),” etc.

You can learn more about it in our guide on different legal forms in Germany.

NOTE: A small business owner regulation (Kleinunternehmerregelung) is not a legal form. It’s a VAT regulation in Germany. As per this regulation, new business owners who earn below a threshold don’t have to collect and pay VAT.

Why is it important to choose the right legal form when starting a business in Germany?

The legal form of your company determines

Your personal liability
Which accounting method you must use
Your business registration formalities
What types of taxes you must pay
Professional organizations you must join
External appearance: How your customers, investors, and banks view your company
German laws that apply to your business
Are you allowed to have a fantasy name, or must you use your name for the business?
Is the legal form you choose investor-friendly?

As you can see, picking the right legal form is crucial when founding a new company. You must consider various factors before choosing the one.

In this guide, you’ll learn what factors are crucial when selecting the legal form for your business.

How do you pick the right legal form for your business?

Follow the steps below to select the right legal form for your business.

Write down the factors that are important to you.
Order the factors based on their importance to you. You can also give them weightage.
Check which legal forms are available based on each factor.
Pick the one that meets most of your criteria.
Suppose more than one legal form meets your criteria. In this case, learn more about each and then decide.

Example: Suppose Sarah wants to start a business in Germany and is looking for the right legal form for her.

Factors important to Sarah	Which legal forms fit the criteria?
Sarah wants to avoid complex bookkeeping and taxation.	Sole proprietorship – Freelancer (Freiberufler) – Sole trader (Gewerbe) – Merchant (e.K.) Partnership (GbR, PartG)
She is starting the business alone	Sole proprietorship
Want to keep the registration process simple	Sole proprietorship – Freelancer (Freiberufler) – Sole trader (Gewerbe)
Limited liability would be nice to have but not critical.	UG

Based on the table above, Sarah found two legal forms, freelancer and sole trader, that fulfill most of her criteria. The next step for her is to learn more about these legal forms and pick the one that fits her business needs.

What are the factors to consider when choosing a legal form in Germany?

The table below summarizes the questions you must ask yourself when selecting the legal form. You’ll also find which legal form is right for your business based on your answers.

Factor	Question/s	Legal forms (Rechtsformen)
Number of founders (Zahl der Eigentümer)	– Will you start the business alone or as a team? – Will you be managing the business yourself?	– Alone: Sole proprietorship, one-person GmbH/UG – At least two: Partnerships (GbR, PartG, OHG, KG), Capital companies (GmbH, UG, AG)
Liability (Haftung)	– Are you willing to be responsible for company liabilities with personal assets? – Is limiting your liability crucial for you?	– Unlimited/Personal liability: Sole proprietorship, Partnerships (GbR, PartG, OHG) – Limited liability: Capital companies (GmbH, UG, AG) – KG: Has a general and limited partner
Nominal / Start-up capital (Stammkapital)	How much is the start-up capital?	– Not required: Sole proprietorship, Partnerships – At least 1€: UG, gUG – At least 25,000€: GmbH, gGmbH – At least 50,000 €: AG
Company name (Firmenname)	How much freedom do you want when choosing your company name?	– Founder’s name only: Sole proprietorship, Partnerships (GbR, PartG) – Fantasy name or Founder’s name: Merchant (e.K.), Partnerships (OHG, KG), Capital companies (GmbH, UG, AG)
Company formation /Registration (Anmeldung)	– Do you want a simple and quick way to establish a company in Germany? – How much time and money are you willing to spend setting up your business?	– Sole proprietorships: Simple, fast, cheap – Partnerships: Similar to sole proprietorships, but requires a partnership agreement – Capital companies: Complex business registration process, costly, and slower to set up
Accounting (Buchführung)	Do you want to keep the bookkeeping and accounting effort to the minimum or are you fine with complex bookkeeping?	– Simple bookkeeping: Freelancer (Freiberufler), sole trader/small business (Gewerbe), Partnership (GbR) – Complex bookkeeping: Partnership (OHG, KG), Capital companies (GmbH, UG, AG)
Tax obligations (Steuern)	Are you fine paying different types of taxes?	– Income tax & VAT: Freelancer (Freiberufler), Partnership (PartG) – Income tax, trade tax, and VAT: Sole trader (Gewerbe), Partnership (GbR, OHG, KG) – Income tax, trade tax, corporate tax, and VAT: Capital company (GmbH, UG, AG)

Let’s understand each factor in more detail.

1. Consider your “Liability (Haftung)” when choosing a legal form

In Germany, you or your company is responsible/liable for the damages caused to the customers by your products or services. This is why founders prefer “limited liability.”

Limited liability means

your liability is “limited” to the amount of your contributions or shares in the company,
and your personal assets remain protected.

However, many times founders overestimate the risks. Usually, the risks are not as great as you assume. Thus, making unlimited liability a manageable option.

Moreover, you can get “professional liability insurance (Berufshaftpflichtversicherung)” to cover the liability risks. Thus, don’t choose a complex legal form (GmbH, UG, AG, etc.) only to limit your liability when starting the business.

You should also know that regardless of your company form, banks require startups to provide a personal guarantee when issuing a loan.

2. What “Nominal capital (Stammkapital)” do you have when setting up a legal form?

German law requires you to deposit a “minimum capital” (Stammkapital) to set up certain legal forms, such as GmbH, AG, etc. You can use this capital for your business operations.

However, arranging this initial money could be tough for some founders. So, you should also keep this factor in mind when choosing a legal form in Germany.

The table below gives an overview of the nominal capital required to establish different legal forms in Germany.

Legal form (Rechtsformen)	Nominal capital (Stammkapital)	Remarks
Legal forms with unlimited liability (e.g., sole proprietorships, partnerships)	0 €	You don’t need a nominal capital to set up “Freelance” or “Small business (Gewerbe)” legal form. However, you should still have some savings before starting a business.
Entrepreneurial Company (UG), Limited (Ltd.)	1 €	– In reality, this is only a symbolic amount. You need more than 1€ to run a business. Usually, founders pick UG as a legal form to limit their liability without having to raise 25,000€. – You must save 25% of the business profits until you reach the 25,000€ sum. Once companies reach the required nominal amount, they convert their business from UG to GmbH.
GmbH	25,000 €	– At least half of the required capital (12,500 €) must be paid upon starting the business. – Shareholders who haven’t fully contributed their shares are personally liable for the remaining amount.
AG	50,000€	Setting up an AG is more complex. Each shareholder must contribute their share. Shareholders who haven’t fully contributed their shares are personally liable for the remaining amount.

Can you contribute with in-kind payment (Sachgründung) for the start-up capital?

Yes, legal forms such as GmbH and gGmbH allow “in-kind contributions” (Sachgründung) to the start-up capital. However, these legal forms require an “appraisal report” to validate the value of these contributions.

3. Is the freedom to pick the “company name (Firmenname)” when starting the business important to you?

The choice of legal form also affects the freedom to choose your company’s name.

Fantasy name (Fantasienamen)

Suppose you want flexibility in choosing your company name. In this case, you must select a legal form that requires registration in the Commercial Register (Handelsregister), such as GmbH, UG, Merchant (e.K.), etc.

Since most of your company information becomes available, you are given the freedom to select a “fantasy name” (Fantasienamen) that is either

personal
factual
fictitious

Business name (Geschäftsbezeichnung)

Smaller businesses (e.g., Gewerbe, Freiberufler, GbR) NOT registered in the Commercial Register (Handelsregister) have fewer naming options. Typically, they are only allowed to use a “business name” (Geschäftsbezeichnung) composed of the owner’s first and last name.

NOTE: You must always include your comopany’s legal form in the company name (e.g., My-Company-Name GmbH). This makes it clear to the external world who is responsible for the liabilities.

Why is the company name important?

The company name is important because

You’ll use it daily in business operations.
It may be an important part of your marketing strategy, helping establish brand recall and a unique identity.

Having more freedom in choosing a company name is ideal if it will significantly impact your marketability.

4. Do you prefer a quick and simple company “Registration (Anmeldung)” process?

Parameters	Sole proprietorships (Einzelunternehmen)	Partnerships (Personengesellschaften)	Capital companies (Kapitalgesellschaften)
Estimated duration (complexity)	Within a day (Simple)	between 1 and 10 days (Simple)	Around 15 working days (Complex)
Registration	Freelancers (Freiberufler) only have to inform the tax office by filling out the “Fragebogen zur steuerlichen erfassung.” You can do it online for free in English here. Small businesses (Gewerbe) and Merchant (e.K.) must register at the Trade office (Gewerbeamt) and the Tax office. Merchant (e.K.) als o require a notary and must register in the Commercial Register.	GbR, OHG, and KG – Tax office – Trade office OHG and KG must fulfill extra obligations – Notary – Commercial Register	GmbH, UG – Tax office – Trade office – Notary – Commercial Register
Setting up a business account (Geschäftskonto)	Not required	Not required: PartG, GbR, OHG Required: KG	Required. This will be used for the share capital deposit.

As you can see in the table above, the registration process for every legal form in Germany is different.

If you want to set up a company quickly, sole proprietorship (Freelancer, Small business) is the best legal form.
If you are starting a business with one or more partners and want the registration process to be simple and quick, “Partnerships (Gbr, OHG, PartG)” is a good option.
The registration process for GmbH and UG is more complex than other legal forms in Germany. You also need a notary to certify the registration.
The most complex registration process is for setting up an AG in Germany.

There is a way to simplify and reduce the cost of setting up a GmbH and UG. You can use a “model protocol” (Musterprotokoll) when establishing a GmbH or UG instead of hiring a notary to create a custom contract. However, “Model Protocol” comes with the following limitations:

The model protocol cannot be changed or adapted
There should only be three shareholders
There should only be one managing director

5. How much effort are you willing to spend on “Accounting”?

Parameters	Sole proprietorships (Einzelunternehmen)	Partnerships (Personengesellschaften)	Capital companies (Kapitalgesellschaften)
Complexity	Simple: No obligation to create or publish financial statements. A simple EÜR statement is enough to determine the profit or loss (except Merchant).	Same as the sole proprietorship.	Complex: Obligation to prepare and publish the annual financial statements. You may also need an external auditor to audit your books. A tax advisor is highly recommended.
Accounting process	EÜR or income statement Merchants (e.K.): Double-entry bookkeeping is required	– OHG, KG: Double-entry bookkeeping – GbR and PartG: EÜR is sufficient	Double-entry bookkeeping
Opening balance sheet (Eröffnungsbilanz)	NOT required (except for Merchants)	Required (except for GbR)	Required

NOTE: The accounting requirements for your legal form may vary if certain thresholds (e.g annual turnover or profit) are met. Learn more about it in our guide on different legal forms in Germany.

Get a Free Quote From a Tax Advisor

A tax advisor can help you file an income tax return,
Change tax class,
Get a tax residency certificate,
Support in starting a business,
Offer services in English

Get a free quote

6. Your legal form determines your “Tax obligations (Steuern)”

Parameters	Sole proprietorships (Einzelunternehmen)	Partnerships (Personengesellschaften)	Capital companies (Kapitalgesellschaften)
Income tax (Körperschaftssteuer)	Required	Required	Not required
Trade tax (Gewerbesteuer)	Required: Small business, Merchants Not required: Freelancers	Required	Required
Trade tax allowance (Freibetrag Gewerbesteuer)	Available for small businesses (24,500 € per year (as of 2025))	Available for GbR (24,500 € per year (as of 2025))	Not available
Corporate tax (Körperschaftsteuer)	Not required	Not required	Required
Sales tax or VAT (Umsatzsteuer)	Required	Required	Required

When founding a business, you want to focus on your product and serving customers. Handling accounting and taxes is the last thing on your mind.

So, if you want to keep your taxes simple, start as a freelancer. If you don’t fall in the freelancer category, you can start as a small business (Gewerbe).

GmbH, UG, and AG make sense once you earn at least 80,000 € gross per annum. In these legal forms, you have increased bureaucracy. However, you also get more flexibility in saving taxes.

NOTE: Every business owner in Gemrany must collect and pay sales tax (VAT). However, you can use the “small business owner regulation (Kleingewerberegelung).”

A “small business regulation” (Kleingewerberegelung) exempts small businesses from paying sales tax or VAT (Umsatzsteuer) if they meet the following prerequisites:

Your business’ net sales did NOT exceed 25,000€ (as of 2025) in the previous financial year (Until 2024, the gross sales limit is 22,000 €)
Your business’ net sales do NOT exceed 100,000€ (as of 2025) in the current financial year (Until 2024, the gross sales limit is 50,000 €).

The legal basis for this is § 19 UStG.

7. The legal form varies based on the number of founders (Zahl der Eigentümer)

You have the option to start a business

alone
with a partner
with a team

A “sole proprietorship” (Einzelunternehmen) is the simplest and most cost-effective choice for startups and new businesses. However, there are some notable differences between sole proprietorships and team formations regarding ownership and management of one’s business.

Parameters	Sole proprietorships (Einzelunternehmen)	Partnerships (Personengesellschaften)	Capital companies (Kapitalgesellschaften)
Available legal forms	Freelancer (Freiberufler), Sole trader / Small business (Gewerbe), Merchant (e.K.)	GbR, OHG, KG, PartG	GmbH, UG, AG
How many founders are required?	At least 1 founder	At least 2 founders	At least 1 founder
Management. Who will manage & represent the company?	Founder/owner	– All partners/shareholders – KG: Only “General partners“ are responsible for managing and representing the company	As a founder, you don’t necessarily have to run the company yourself. You can hire or appoint someone else.
Decision-making	Sole decision-making authority	Shared decision-making authority between all shareholders
Possible risks	You have to finance the business and bear the risks alone	Disputes between shareholders
Liability	Unlimited liability with your personal assets.	– Unlimited liability – KG: Only the “General partner(s)” has unlimited liability.	Liability is limited to your contribution.

Please note

You can hire as many employees as needed, even as a sole owner.
If you prefer sole ownership but want to limit your liability, you may consider legal forms such as
- one-person UG (Ein-Personen-UG)
- One-person GmbH (Ein-Personen-GmbH)

Other factors you must consider when selecting a legal form for your business in Germany

Public Transparency Requirements (Publizitätsvorschriften)

Some legal forms, particularly capital companies (e.g. GmbH, AG, GmbH & Co KG), are required to fulfill certain requirements, such as

Submitting a financial statement to the Company Register (Unternehmensregister). Anyone (including your competitors) can access your company’s financial statements.
Publicizing company-related events (e.g., capital increases or reductions, changes in shareholders)

This puts these legal forms in greater transparency, which, can be seen as a “double-edged sword”:

It subjects the business to a competitive disadvantage
It builds trust for some business partners and investors.

Investor-Friendly

Capital companies, particularly a GmbH or a UG, are the most suitable legal forms if you want to raise money via investors. These legal forms offer key advantages, including:

Limited liability for shareholders, protecting personal assets.
Voting rights in company decisions, such as blocking minority rights.

Nonprofit (Gemeinnützigkeit)

If you plan to establish a nonprofit business, you should consider the legal forms, gGmbH and the gUG. These legal forms are characterized by the following:

The company serves only its nonprofit purpose rather than commercial activities.
Increased donation opportunities that are driven by a strong media reach. The donations must only be used for the non-profit purpose.
Limited liability of shareholders
Tax benefits, including exemptions from:
- Corporate tax (Körperschaftssteuer)
- Trade tax (Gewerbesteuer)
- Sales tax (Umsatzsteuer)

NOTE: If your nonprofit engages in commercial activities, some taxes may still apply. However, the sales tax may be reduced by 7%

Conclusion: Which legal form is right for you?

Freelancers and small businesses (Gewerbe) are the best legal forms for most founders (starting alone) for the following reasons.

It’s easy to setup
No unnecessary bureaucracy
Simplified accounting and taxes
You can register within a day and start working on your start-up.

If you are two or more partners starting a company, “partnership legal forms” are good options for the same reasons as in a sole proprietorship.

As your business grows, you can choose between a GmbH and AG. UG is a good choice for a founder starting a company with a high liability risk. So, you can limit your liability by choosing the legal form UG or GmbH.

You must consider every factor we mentioned in this guide carefully when choosing a legal form in Germany.

The most popular legal forms in Germany

The most common or popular legal form in Germany is “sole proprietor” (Einzelunternehmer). As the team size and the company grow, businesses opt for “Capital companies” (Kapitalgesellschaft) as a legal form.

Legal form	Total	Percentage
Sole proprietorships or Einzelunternehmer	2,048,063	59.02 %
Partnerships or Personengesellschaften (zum Beispiel: OHG, KG)	417,526	12.03 %
Capital companies or Kapitalgesellschaften (zum Beispiel: GmbH, AG)	833,890	24.03 %
Other legal forms	170,439	4.91 %
Total	3,469,918

Source: Destatis (as of 2 December 2024)

Tips for new founders starting a business in Germany

1. Take note of where you must register your business in Germany

Ensure you register your business with the relevant offices, such as

Tax office (Finanzamt). Fill out the “tax questionnaire form” (Fragebogen zur steuerlichen erfassung) to obtain your company’s tax number. This is differnt from your personal tax number. You can fill this form online on Elster (German) or here (in English) for free.
Trade office (Gewerbeamt). Fill out the “Gewerbeanmeldung” form at your local municipality. In many cities, you can register online.
Commercial Register (Handelsregister) for commercial businesses.
IHK or HWK

You can read more about the required business registration procedures in our guide for legal forms in Germany.

Fill out and submit “Fragebogen zur steuerlichen erfassung” in English for free

You must fill out “Fragebogen zur steuerlichen erfassung” to get a tax number for your business.
You can fill out this form directly on Elster. However, it’s in German.
Our partner tax software company has created a free tool you can use to fill out and submit the form in English.

Fill out the form

2. Open a business account (Geschäftkonto)

You should open at least two business accounts (Geschäftkonto) for the following reasons.

It keeps your personal and business expenses separate.
Simplifies bookkeeping and accounting.
In case one account is blocked, your business can continue its operation via a second bank account.

We recommend the following.

Primary Business Account – A paid or premium business account with more services, ideal for everyday transactions.
Backup Business Account – A free business account that will serve as a backup.

NOTE: Add both banks to your invoices and maintain a minimum balance in both accounts.

We find the following business bank accounts the best in Germany.

Vivid Business account*
N26 business account*
Finom business account*
Fyrst business account*(English interface not yet available)

Open a free bank account with Vivid

Free bank account
Integrations with accounting software
Has 4% p.a. interest rate on positive balance
Cashback on every purchase with free VISA card for every team member
SWIFT & SEPA instant transfers

Go to Vivid*

Open a free bank account with N26 (Standard)

Free bank account
1% interest on savings account
2 free ATM withdrawals in Germany
Free trading account

Go to N26*

Open a free bank account with Finom

Free bank account
Up to 3% cashback
Free physical & virtual cards
Accounting software integration
Apple Pay & Google Pay

Go to Finom*

Open a free bank account with Fyrst

Free bank account
Free Debit Mastercard with up to 30 € cashback
50 free, paperless booking items per month
real-time transfer without additional costs
Create company direct debits

Go to Fyrst*

3. Get Essential Insurance

Insurance provides various benefits and safeguards both your business and personal well-being. The essential forms of insurance include

Pension insurance (Rentenversicherung)
Health insurance (Krankenversicherung) – Private health insurance is a better choice for high-earning, self-employed individuals.
Occupational disability insurance

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What supplement health insurance plans must you get based on your personal situation?

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4. Manage Taxes Efficiently

The complexity of tax and accounting obligations varies by legal form. You can manage your responsibilities better by

Consulting a tax advisor to guide you on complex tax processes. You can get a free quote from the tax advisor we recommend here.
Using accounting software for bookkeeping. You don’t have to learn about bookkeeping. These tools do the job for you. Here are the accounting software we find the best:
- QuickBooks (English)
- Norman* (English)
- Sevdesk* (German only)
- Lexware* (German only)

Get Started with Norman Accounting Software

Free accounting software
Unlimited e-invoicing and expense management
Bank sync
AI autopilot
Tax write-off tips

Go to Norman*

Get Started with Sevdesk Accounting Software

4.45 € per month (plus VAT)
Write unlimited invoices and offers
Payment reminders
Link to your tax advisor
Integrate with other apps

Go to Sevdesk*

Get Started with Lexware Accounting Software

Pricing starts at 21.90 €monthly rate (plus VAT)
Complete accounting
ELSTER & DATEV interface
online banking
Managing multiple companies

Go to Lexware*

Freelancer (Freiberufuler) vs Small business (Gewerbe)

The table below gives you an overview of the differences and similarities between a “Freelancer” (Freiberufler/innen) and “Small business” (Kleingewerbe).

Parameters	Freelancer (Freiberufler/innen)	Small business (Kleingewerbe)
Company name	Founder’s name
Liability	Unlimited: This means that you (the founder) are liable with your private assets.
Nominal capital	Not required: You can start as a sole proprietor with zero capital.
REGISTRATION PROCESS
Tax office	You must fill out “Fragebogen zur steuerlichen erfassung.” You can fill this form online on Elster (German) or here (in English) for free. After submitting this form, the tax office gives you a new tax number for your business. Your business tax number is different from your personal tax number.
Registration at the “Trade Office” (Gewerbeanmeldung)	Not required	Required
Do you need a notary for business registration?	❌ No
Registration in the Commercial Register (Handelsregister)	Not required	Required only if your business exceeds 800,000€ annual revenue or 80,000€ annual profit (as of 2025)
Registration with IHK	Optional	Required
TAXATION AND ACCOUNTING
Taxes	Income tax	– Income tax – Trade tax (Gewerbesteuer)
Bookkeeping	EÜR, Single Entry	EÜR, Single Entry is enough. You need to follow “double-entry” accounting method if your business exceeds 800,000€ annual revenue or 80,000€ annual profit (as of 2025).

References