FOUNDING A PUBLIC LIMITED COMPANY (AG)
A public limited company is suitable for start-ups that require a higher level of capital. The share capital is at least € 50,000. The public limited company (AG) is a legal person under civil law. A legal person has its own legal personality. This means that it can itself bear rights and obligations. A legal person acts through its representatives. The AG acts through its board.
In contrast to the GmbH, the AG’s share capital is divided into stocks. At the GmbH, one speaks of shares. In principle, the stocks of a public limited company are freely transferable. Not all stock corporations are listed on the stock exchange. Trading your stocks on the stock exchange is not a prerequisite for founding an AG. Another advantage of the AG is that a capital increase can be made by issuing additional stocks.
A lawyer specializing in corporate law can help you set-up your AG. The articles of association are to be drawn-up individually to suit the society and the needs of its shareholders.
For tax purposes, the corporation has an obligation to pay corporate tax. The tax rate is 15%. In addition, Solidaritätszuschlag tax (solidarity surcharge) of 5.5% of corporate income tax must be paid. In addition, trade tax is payable because the corporation is a merchant form in the sense of commercial law.
By founding an Aktiengesellschaft (incorporation), you have the following advantages:
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