Corporate
How do you choose the right legal form for a company?
Selecting the appropriate legal structure is a critical decision with significant legal, tax, and organizational implications. It affects liability and capital structure, as well as flexibility in internal organization and profit distribution. Our lawyers specializing in corporate law will analyze your needs and work with you to develop a customized structure.
Summary
What criteria play a role in choosing the legal form?
Decisive factors include the company’s size, the distribution of liability, the scope for structuring the articles of association or internal structures, and acceptance of the company form by various market participants. Tax aspects, as well as administrative and decision-making issues, must also be considered. Depending on growth plans and the number of founders, different models may be appropriate. Our lawyers specializing in corporate law can advise you on the most suitable legal form for your business strategy.
Why is the GmbH usually chosen in Germany and the SAS in France?
Both the limited liability company (GmbH) and the simplified joint-stock company (SAS) offer limited liability and a high degree of flexibility in designing internal structures. These legal forms are particularly attractive to small and medium-sized enterprises and start-ups. The formation process is relatively straightforward and allows for provisions to be made in the articles of association. Our lawyers specializing in corporate law have the expertise necessary to successfully establish your company.
What tax considerations influence the choice of legal form?
Different legal forms have different characteristics, such as corporate or income tax liability and the possibility of profit retention. Holding structures and international arrangements can also optimize taxes. Our lawyers specializing in corporate law collaborate closely with seasoned tax experts who can help you create optimal structures for your company in German, French, and English.
Can I change my legal form later?
In principle, a change of legal form is possible, but it is subject to certain legal requirements. The process must be carefully prepared and documented. Our lawyers specializing in corporate law will review your options and help you implement them.
You have any other questions?
Please feel free to ask them directly here.