Legal Entity Setup & Back-Office Services in Germany

Complete Germany Entity Incorporation with Ongoing HR, Payroll, Accounting, Tax, and Compliance Support

Last Updated: July 15, 2025
Business establishment and corporate support in Germany by Cerity Global, shown with Berlin’s historic parliament building.

Country Overview

Germany is the world’s third largest and Europe’s largest economy. It is also the world’s third-largest export nation due to exports of vehicle parts, motor vehicles, and chemical products. The nation’s business culture emphasizes professionalism, precision, and punctuality. Major growth sectors include automotive, manufacturing, IT, and renewable energy. The country consistently ranks among the top destinations for foreign direct investment, supported by its stable political environment and innovative business ecosystem. 

Capital City

Berlin

Language

German

Currency

Euro (EUR)

Business Hubs

Berlin, Munich, Frankfurt, Hamburg, Cologne, Stuttgart

Expand Your Business in Germany

Unlock growth opportunities in Germany with Cerity Global as your trusted partner. We offer end-to-end support for establishing your legal entity, navigating Germany’s often complex regulatory landscape with clarity and efficiency. 

From company registration to ongoing back-office support, including HR, payroll, benefits, accounting, tax and compliance, Cerity Global simplifies the process so you can focus on growing your business. 

Need to hire quickly before your entity is set up? We offer interim EOR services in Germany, enabling you to onboard talent fast. Once your entity is established, we ensure a smooth transition of your employees from the EOR Structure to your own legal entity, without disrupting payroll or compliance. 

Our experts stay ahead of regulatory changes to keep your operations aligned with Germany’s employment and tax laws, helping you scale confidently and compliantly. 

Legal Entity Setup

Types of legal entity setups for international expansion in Germany

Gesellschaft mit beschränkter Haftung (GmbH)

The Gesellschaft mit beschränkter Haftung (GmbH) is the most common legal entity for foreign companies establishing a presence in Germany. It offers limited liability protection and is well suited for small to medium-sized businesses. 

The Unternehmergesellschaft (UG) is a simplified, low-capital version of the GmbH — often referred to as a “mini-GmbH.” It is subject to the same legal framework as the GmbH but requires only €1 in minimum share capital, making it a popular choice for startups and smaller operations. 

Both GmbH and UG: 

  • Are separate legal entities from their shareholders. 
  • Must appoint at least one natural-person managing director (Geschäftsführer).
  • Are governed by the German Limited Liability Companies Act (GmbHG). 

Aktiengesellschaft (AG)

Also known as a stock corporation, it is typically used for larger enterprises and public companies. It requires a minimum share capital of €50,000.

Zweigniederlassung (Branch Office)

Also known as a branch, it is an extension of the parent company that carries out business activities in Germany. It must be registered at the Commercial Register.

Resident Director Requirements

Gesellschaft mit beschränkter Haftung (GmbH)

Gesellschaft mit beschränkter Haftung (GmbH) 

All GmbH and UG entities in Germany must appoint at least one managing director (Geschäftsführer), who must be a natural person. Corporate entities are not permitted to serve in this role under German law. 

There is no legal requirement for the managing director to reside in Germany or within the EU/EEA. Non-EU/EEA nationals may be appointed as managing directors provided, they do not physically work in Germany. However, if they intend to live and work in Germany, they must obtain the appropriate residence and work permits. 

German banks, notaries, and tax authorities may be cautious when a company’s entire management is based abroad. Having a local or regional director can help streamline banking, registration, and tax compliance procedures, especially for operational or holding companies that need to demonstrate local substances. 

Aktiengesellschaft (AG)

An AG is managed by a management board (Vorstand) under the supervision of a supervisory board (Aufsichtsrat). The management board must have at least one member. 

Zweigniederlassung (Branch Office)

A local representative with power of attorney must be appointed and registered. This representative acts on behalf of the foreign parent company. 

Bank Account Setup

In Germany, bank account setup can be initiated before legal entity incorporation, but the process has specific requirements and timing: 

Bank Account Setup in Germany: What’s Possible and When 

Before Incorporation: 

  • You can begin preliminary discussions with banks and submit initial documentation. 
  • For a GmbH, you must deposit the minimum share capital of €25,000 (or €12,500 if paid in cash) into a blocked account (Kapitalkonto). 
  • The bank issues a certificate of deposit, which is required for notarization and registration at the Commercial Register (Handelsregister). 
  • This blocked account cannot be used for business operations until the company is fully registered. 

After Incorporation: 

  • Once the entity is officially registered with the Commercial Register and has obtained a tax number, the bank account can be fully activated. 
  • Only then can you conduct regular business transactions, access online banking, and issue payment cards. 

Note: 

German banks typically require extensive documentation and may prefer in-person meetings. Many banks require at least one signatory to be a German resident or have a strong connection to Germany. 

Required documents include the company’s certificate of incorporation, managing directors’ identification, notarized articles of association, and proof of address.  

Why choose Cerity Global's Legal Entity Setup Service?

Cerity Global supports companies in their global expansion plans and helps in legal entity setup, registration and ongoing support services. With us, you can quickly set up a legal entity, operate compliantly, and expand globally. The process typically takes a few days to a week, depending on the bank. 

Human Resources

Employment in Germany is primarily governed by the German Civil Code, also called, Bürgerliches Gesetzbuch (BGB), the Works Constitution Act, also known as, Betriebsverfassungsgesetz (BetrVG), and applicable Collective Bargaining Agreements (Tarifverträge). 

Additionally, Collective Bargaining Agreements (CBAs) also play a crucial role in setting out specific terms and conditions for different professions and sectors. 

Some of the standard details mentioned in the written contract include: 

  • Job title and description 
  • Salary and benefits 
  • Work location 
  • Working hours 
  • Leave entitlements 
  • Termination conditions 

Types of employment relationships

The different types of employment relationships are:  

Indefinite-Term Employment (Unbefristete Arbeitsverträge) 

Also known as permanent employment, these are the most common and preferred form of employment in Germany. These contracts provide job security and stability to employees and can be both full-time and part-time. 

Fixed-Term Contracts (Befristete Arbeitsverträge) 

Also known as temporary employment, these contracts have a stipulated end date and are used for specific projects, seasonal work, or temporary replacements. Without objective justification, fixed-term contracts are limited to 2 years maximum. 

In Germany, a probationary period typically lasts up to six months. 

The regular working hours in Germany are eight hours a day and 40 hours a week.  

The overtime can be extended to 10 hours per day and 60 hours per week. 

Overtime  

Overtime work is generally limited and must be compensated either through additional pay or compensatory time off. The maximum weekly working time, including overtime, cannot exceed 48 hours on average over 6 months. 

Germany’s minimum wage system sets the following: 

  • The hourly minimum wage is €12.82 as of January 2025.  
  • Overtime pay is 1.5 times the regular pay rate for hours beyond the standard workweek.  
  • Some employers choose to pay a voluntary holiday bonus to their employees. 

The notice period in Germany usually depends on the length of service:  

  • Two weeks – if on a probationary period  
  • One month – up to 2 to 5 years  
  • Two months – up to 5 to 8 years  
  • Three months – up to 8 to 10 years  
  • Four months – up to 15 to 19 years  
  • Six months – 20 years or more 

Severance pay is not legally mandated in Germany but is common in mutual termination agreements. 

Foreign nationals can live and work in Germany by securing appropriate work authorization. With a valid job offer and employer sponsorship, individuals with the right skills or qualifications may be eligible for temporary or long-term work authorization. 

Work Visa & Permit Options in Germany 

1. EU Blue Card 

A residence permit for skilled workers with university degrees. 

  • Salary threshold: €45,552 (2024) or €41,041.80 for shortage occupations. 
  • Degree requirement: Recognized university degree or equivalent. 
  • Permit duration: Up to 4 years, renewable. 
  • Family reunification: Allowed immediately. 

2. Skilled Worker Visa  

For qualified professionals with vocational training or university degrees. 

  • Requirements: Recognized qualifications and job offer 
  • Language requirements: Basic German or English skills 
  • Permit duration: Tied to employment contract 
  • Fast-track processing: Available in many cases 

3. Opportunity Card (Chancenkarte) 

A new points-based system introduced in 2024 for job seekers. 

  • Points system: Based on qualifications, language skills, age, and experience. 
  • Job search period: Up to 12 months. 
  • Work authorization: Limited during search period. 
  • Conversion: Can be converted to work permit upon finding employment. 

4. Intra-Company Transfer Visa 

For employees being transferred within the same company. 

  • Employee tenure: Must have worked for the company for at least 3 months 
  • Permit scope: Valid only for the specific company 
  • Duration: Up to 3 years, renewable 
  • Family benefits: Dependent visas available 

5.Research Visa 

For researchers and academics. 

  • Requirements: Hosting agreement with research institution 
  • Permit duration: Up to 4 years 
  • Mobility: Allows research in other EU countries 
  • Family reunification: Allowed 
  1. Job Offer from a German employer 
  2. Application at German consulate or embassy 
  3. Document submission including qualifications recognition 
  4. Visa processing (typically 2-12 weeks) 
  5. Entry and registration in Germany 

Key Notes: 

  • EU/EEA/Swiss nationals do not need a work permit. 
  • Employers must comply with German labor laws and social security requirements. 
  • Family members can usually apply for dependent visas. 
  • Permanent residence available after 5 years (or 21 months with EU Blue Card). 

Leave Entitlements and Employee Benefits

Annual Leave

Employees in Germany receive:  

  • 20 vacation days – Five-day workweek  
  • 24 vacation days – Six-day workweek. 

Female employees are entitled to 14 weeks of maternity leave:  

  • Prenatal leave – Six weeks  
  • Postnatal leave – Eight weeks 

Germany does not have paternity leave, but fathers can take up to 3 (flexible) years of parental leave for their natural or adopted child and care for a newborn until they are three years old. Both parents can claim this separately or at the same time. 

Employees usually receive 6 weeks of paid sick leave per year. 

The following statutory national holidays are observed in Germany:  

  • New Year’s 
  • Good Friday 
  • Easter Monday 
  • Ascension of Christ 
  • Whit Monday 
  • Labour Day 
  • Day of German Unity 
  • Christmas Day 
  • Second Christmas Day 

Payroll

The payroll frequency is usually monthly, and employees are paid on the last working day.

Mandatory Bonus

In Germany, 13th and 14th-month salaries are common and typically paid in July and December as vacation bonuses (Urlaubsgeld) and/or Christmas bonuses (Weihnachtsgeld) based on collective bargaining agreements or company policy.

Benefits

Employees in Germany must pay Social Security taxes, which contribute to Social Security benefits. 

The mandatory and statutory benefits in Germany are:  

  • Statutory Health Insurance (Gesetzliche Krankenversicherung) 
  • Statutory Pension Insurance (Gesetzliche Rentenversicherung) 
  • Unemployment Insurance (Arbeitslosenversicherung) 
  • Long-term Care Insurance (Pflegeversicherung) 
  • Accident Insurance (Unfallversicherung) 
  • Maternity and Parental Benefits 
  • Disability Benefits 

Accounting Standards

Accounting standards must adhere to must adhere to the German Commercial Code, also known as, Handelsgesetzbuch (HGB) and International Financial Reporting Standards (IFRS) for consolidated groups or listed companies.

Reporting Requirements and Thresholds

Companies in Germany must file annual financial statements with the Commercial Register (Handelsregister).  

  • Filing deadline: Within 12 months after the balance sheet date for small and medium-sized companies, 9 months for large companies 
  • Financial statements must include:
    • Balance sheet (Bilanz) 
    • Income statement (Gewinn- und Verlustrechnung)
    • Notes to the financial statements (Anhang) 
    • Management report (Lagebericht) for medium and large companies 
  • Electronic filing is mandatory through the Federal Gazette (Bundesanzeiger) 

Audit Requirements and Thresholds

Statutory audit is required if a company exceeds two of the following three thresholds for two consecutive fiscal years: 

  • Total assets > €6 million 
  • Annual turnover > €12 million 
  • Average employees > 50 

Audits must be performed by a certified auditor (Wirtschaftsprüfer) and the audit report must be submitted with the annual accounts. 

Taxes and Contributions

Corporate Tax

The standard corporate tax rate is 15%.

VAT

The VAT rate in Germany is 19% and applies to most taxable goods and services.

The reduced VAT rate is 7%.

 Filing Dates

Typically, the tax return must be filed electronically by July 31, following the tax year.

Penalties

Penalties for late filing include up to 0.25% of the tax due, at a minimum of EUR 25 for each commenced month of delay.

Transfer Pricing

Germany follows OECD Transfer Pricing Guidelines under the German Tax Code (Abgabenordnung). 

  • Transactions between related parties must follow the arm’s length principle. 
  • Acceptable methods include CUP, Resale Price, Cost Plus, TNMM, and Profit Split. 
  • Documentation requirements apply for transactions above specific thresholds. 

Country by Country Reporting

Germany has implemented CbC reporting in line with OECD BEPS Action 13. 

  • Applicable to: Multinational groups with consolidated revenues exceeding €750 million. 
  • Ultimate parent entities must file CbC reports 
  • Filing deadline: 12 months after the fiscal year end. 
  • Constituent entities must notify if parent is not resident in Germany. 

Master File and Local File Requirements and Thresholds

Transfer pricing documentation is required for companies exceeding certain thresholds. 

Master File 

  • Required if consolidated group revenue exceeds €100 million. 
  • Must include group structure, business activities, and financial information. 

Local File 

  • A Local File is required if intercompany transactions exceed:
    • €6 million (tangible goods) 
    • €600,000 (services) 
    • €100,000 (licensing of rights) 
  • Must be prepared annually and provided upon request. 

Deadline: Transfer pricing documentation (Master File and Local File) must be prepared by the corporate tax return deadline (typically July 31 of the following year) and submitted within 60 days upon request by the tax authority. 

Transparency Register (Transparenzregister)

All German companies (GmbH, UG, AG, KG, oHG) must disclose their beneficial owners (>25% ownership or control) in the Transparency Register (Transparenzregister). 

  • Filing is mandatory since August 2021, no exceptions. 
  • Updates must be filed within 4 weeks of any change. 
  • Non-compliance penalties: fines up to €1 million.  
  • Filing is done online via the official Transparency Register portal. 

This register strengthens Germany’s corporate transparency and supports enforcement of EU-wide anti-money laundering efforts. 

Data Protection & AML Compliance

General Data Protection Act

Germany follows the EU General Data Protection Regulation (GDPR), requiring strict personal data protection and compliance, supplemented by the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG), requiring comprehensive personal data protection and compliance measures.

AML (Anti-Money Laundering)

Germany’s AML framework is governed by the Money Laundering Act (Geldwäschegesetz – GwG), which implements EU Anti-Money Laundering Directives. 

Obligated entities: Financial institutions, lawyers, notaries, tax advisors, real estate agents, and other designated businesses must comply. 

Key requirements: 

  • Customer Due Diligence (CDD) and Know Your Customer (KYC) 
  • Suspicious Activity Reporting to the Financial Intelligence Unit (FIU) 
  • Record-keeping obligations (minimum 5 years) 
  • Internal controls and employee training 
  • Ultimate beneficial ownership disclosure 

Penalties: Fines up to €1 million for individuals and €5 million for entities. 

Why Germany?

Reasons you should setup legal entity in Germany: 

  • Access to the EU market to a large consumer base of over 450 million people 
  • Europe’s strongest economy with excellent infrastructure 
  • Highly skilled workforce and strong education system 
  • Strategic location in the heart of Europe 
  • Stable political and legal environment 
  • Strong intellectual property protection 
  • Leading hub for innovation and technology 

Cerity Global ensures your business expansion in Germany is fast, compliant, and future-ready, so you can focus on growth while we manage the back-office tasks. 

 

Economic figures are subject to change based on quarterly reports and market conditions. 

Cerity Global as your legal entity setup partner in Germany

Cerity Global combines deep local knowledge with proven expertise to make your Germany business establishment effortless and compliant. Whether you’re looking for legal entity setup and registration or ongoing support, we’re your trusted partner for sustainable global expansion in Germany. 

 

 

Disclaimer – The information provided is for informational purposes only and does not constitute legal, business, or tax advice. Entity setup requirements, tax rates, and economic data are subject to change and may vary by location. 

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