Every business start-up starts with a good idea. But even the best idea does not realize itself. If you want to work purposefully and professionally right from the start, you need the best possible support. Because it is much more than just setting up a company.
It’s about setting up your business.
The white ip | Patent & Legal expertsare a close and reliable partner for your company formation.
Many steps are necessary to turn the original business idea into reality:
A lot of mistakes can be made, from applying for possible subsidies with regard to setting up a company, making contact with cooperation partners, registering patents and trademarks to choosing the legal form of the company.
Our highly specialized Dresden lawyers and patent attorneys from the “Team Unternehmensgründung” can help you lay the foundation for a company that is as solid and professionally managed as possible and successfully set up your company. Because only a company with a solid foundation can look to the future without worries and hope for healthy growth. Mistakes in the start-up phase, on the other hand, usually result in high costs later on and often lead to serious disputes between the shareholders. You should therefore contact our lawyers in good time: for competent and comprehensive advice on setting up a company.
The saying “knowledge is power” is just as true today as it was in the past. Those who have a knowledge or technology advantage on the market can regularly choose their business partners, determine the price and will always be one step ahead of potential competitors. It is therefore crucial to secure this knowledge and maintain the technological edge. For this reason, the first step in setting up a company is surprisingly often to apply for patents, register utility models and secure intangible rights. Another important factor that should not be neglected is your own recognizability on the market. Anyone who has created a name for themselves and is associated with it wants to protect it. It is therefore important to trademark to apply for and register patents at an early stage.
Starting a business usually requires a not inconsiderable amount of capital. Resourceful, well-advised entrepreneurs usually do not have to finance this capital requirement entirely out of their own pockets, but are able to obtain at least part of it from third parties.
For many start-ups, for example, state funding is an option. However, capital procurement through typical or atypical silent partnerships or, for example, the conclusion of profit-related loans with third parties can also be considered. Depending on the type of company, its purpose and the respective ideas of the founders regarding the participation of third parties in the company, different measures are possible and expedient.
Depending on the potential investor, a non-disclosure agreement (NDA) should always be concluded in order to safeguard the company’s know-how.
If you are looking for advice from an experienced lawyer for start-ups and company formations, then our law firm specializing in company formations is here for you.
The choice of the appropriate legal form for the specific company depends above all on the potential liability risk. If the typical business operation involves a rather high liability potential, the formation of a corporation is always advisable. If the company is operated in such a legal form, a so-called capital contribution must first be made (e.g. €25,000 for a GmbH), but the immediate advantage is that liability is limited to the company’s assets. The company’s debts are therefore not transferred to the shareholders, in contrast to partnerships.
In various cases, however, it can also be beneficial to establish such a partnership first. This is particularly useful in the start-up phase of a company. Partnerships such as the oHG or the GbR are comparatively inexpensive and quick to set up and can be structured flexibly. However, as the partners in these two companies are fully personally liable for the company’s liabilities, the advantages and risks of a start-up partnership should be weighed up carefully.
We strongly recommend that you seek advice from a lawyer before setting up a company. We at white ip, lawyers in Dresden, are of course available to advise you at any time, as well as generally at every stage of your company formation. Thanks to our many years of experience and the large number of successful company formations we have already carried out, we can recognize potential problems – long before they become apparent – and take appropriate precautions.
Once the company founders have agreed on a company form, the articles of association must be concluded. The specific interests of the company must be fully taken into account and the future development of the company must also be kept in mind.
If, for example, two founders want to set up a GmbH in which one of them is to be the managing director, the articles of association should nevertheless contain provisions for the case of several managing directors, since in principle it should be assumed that the company will grow steadily and the absence of such a provision requires an amendment to the articles of association, which is more difficult to implement later.
In addition, the partnership agreement should always include provisions on the termination of the cooperation out of sheer prudence.
In addition to the articles of association, it is also necessary to obtain any public law permits that may be required. The business registration should therefore take place in good time before the planned start of business operations.
When renting company/commercial premises, room should be left for a certain amount of growth, but the selected premises should not directly correspond to the space requirements of a company that has been in existence for several years. In case of doubt, a relocation of the company after the first few years of business is preferable to renting extensive premises right at the start of business operations.
If you need advice on setting up your company, our lawyers are there for you.
Sooner or later, the question of hiring employees arises. Some companies plan directly with several employees at the beginning, which can also make sense depending on the company. In any case, all tax and social security aspects should be considered when hiring employees, generally binding collective agreements should be observed and occupational safety regulations should be complied with.
Particular attention should be paid to the proper drafting of employment contracts. Legally ineffective wording regarding probationary periods, fixed-term contracts, non-competition clauses, non-disclosure agreements, working time accounts or other working time models can cause serious damage to the company.
Of course, we are also on hand to provide you with advice and assistance in this area. Every year, our lawyers and specialist lawyers from the “Employment Law Team” draw up a large number of employment contracts for a wide range of sectors. They are familiar with current case law. This enables the team to draft an employment contract tailored to your company and your needs. Contact us if you are looking for a lawyer to set up your company.
Finally, appropriate contracts should be drawn up with customers and suppliers, general terms and conditions drafted and insurance contracts concluded immediately before or after the start of operations. These sample contracts should be reviewed regularly thereafter, at least once every two years, as the legal situation and case law are subject to constant change and the framework conditions may therefore need to be adapted. If you are looking for a lawyer for your company formation, our law firm specializing in company formations is there for you.
We ask for your understanding that the “further information” can only address the fundamental problems of the individual areas of commercial and company law and can only explain these in outline.
The attorneys at white ip | patent & legal would like to point out that reading the above information cannot replace personal legal advice, but merely provides an initial basis for information. We are, of course, at your disposal at any time for such a personal consultation – we are active throughout Germany in the field of commercial and corporate law.
white ip | Patent & Legal
URTEILE
„true fruits“ vs. „Gartenglück“ – Am Ende kann es nur einen geben
Smoothies gibt es mittlerweile in allen möglichen Geschmackssorten und Preisklassen. Doch ein Anbieter sticht mit seinem provokanten Marketing und seinen ausgefallenen Designs aus der Masse der pürierten Früchte heraus. Die Rede ist von „true fruits“.
„Dubai-Schokolade“ aus der Türkei?
Der Hype um die heiß begehrte Schokolade mit einer Füllung aus Pistaziencreme und crunchy Kadaifi ist noch längst nicht abgeflaut. Die Rede ist von der „Dubai-Schokolade“.
Zwischen Innovation und Schutz: Wie viel Raum bleibt für die Rechte der Kreativen?
Urheberrecht im Spannungsfeld des technischen Fortschritts – Die Entscheidung des Landgerichts Hamburg vom 27.09.2024 zur Erstellung von KI-Trainingsdaten