Note: * The notary fees and the costs for entry in the Handelsregister (commercial register) are not included in the price and will be charged separately. ** firma.de Firmenbaukasten AG does not provide legal advice itself; firma.de works exclusively with lawyers and independent tax advisors who specialise in the field of limited liability entrepreneurial companies. The 30-minute attorney consultation is carried out by Werthing Rechtsanwaltsgesellschaft mbH, Günthersburgallee 37a, 60316 Frankfurt am Main. Please make an appointment: +49 611 17207-0 or by e-mail at firstname.lastname@example.org.
Automate your GbR establishment with us.
No minimum capital required
There is no minimum share capital required to set up a GbR. Make entrepreneurial decisions quickly and independently.
Fast, easy and inexpensive formation
All you need is a GbR partnership agreement. Notarisation or registration in the Handelsregister (commercial register) is not necessary, which saves you time and money.
As a GbR, you are exempt from publishing annual accounts if your turnover is under to €500,000 and your profit is under €50,000. Accounting exemptions can significantly reduce tax adviser costs.
Set up your business with firma.de in seven easy steps
You authorise firma.de to set up your company.
You receive expert advice from our consultants.
We prepare your Gewerbeanmeldung (business registration) in a timely fashion.
We prepare your Finanzamtfragebogen (tax office questionnaire).
We arrange for the express opening of your bank account.
We recommend a qualified tax advisor from the firma.de partner database.
"I engaged firma.de to set-up my GmbH. Everything went smoothly and without a hitch. A notary appointment was arranged in my local area, followed by a business account opening appointment at the bank of my choice. Everything had been pre-prepared - all I had to do was sign the paperwork. Fantastic!"
CEO, Stadtleben GmbH
“We had a great experience! Friendliness and reliability rounded off the service wonderfully. Without hesitation, we would recommend firma.de to every entrepreneur and founder. ”
Frequently asked questions about the GbR
What is a Gesellschaft bürgerlichen Rechts (GbR)
The German term Gesellschaft bürgerlichen Rechts (GbR) translates to "Company Constituted Under Civil Law".
A GbR is a non-incorporated business partnership regulated by the German Civil Code (Bürgerliches Gesetzbuch).
To set up a GbR, you need at least two (natural) persons. Unlike incorporated companies, GbR partners have unlimited liability.
A GbR, however, offers several advantages. Founders do not need to raise minimum share capital, and the establishment process is less bureaucratic in comparison to limited liability companies.
The GbR does not have to be listed in the commercial register (Handelsregister) or disclose their annual accounts.
What is your personal liability in a GbR?
Partners of a GbR are fully liable for damages with their private assets. There is no liability limitation as in the case for UG or GmbH shareholders.
It is important to consider all the potential financial consequences before forming a GbR.
Who manages the GbR?
As a general rule, the GbR partners are automatically the managers of the business. The partners can choose one or more partners to look after the day-to-day management of the GbR.
What are costs of setting up a GbR?
In comparison to other corporate forms, the formation costs of a GbR are much lower.
Unlike incorporated companies, there are no fees for notary services or for entry into the Handelsregister (commercial registry).
Does the GbR need articles of association?
Notarised articles of association are not mandatory like with the GmbH, but a partnership agreement still needs to be made. Although a verbal agreement is legally recognised, it is highly recommended to have it in writtginn to avoid disputes.
Your partnership agreement should include:
a definition of the individual shares
how profit and losses are to be distributed
regulations concerning working hours, vacation and illness
rules concerning share transfers
We strongly recommend that all parameters of the partnership agreement be set out in a GbR contract before starting your business. Using a template can be an excellent way to streamline this process.
Where must a GbR be registered?
All commercial GbR must register at their local trade office (Gewerbeamt) and submit a tax questionnaire to the tax office (Finanzamt) to receive a sales tax identification number (Umsatzsteuer-Identifikationsnummer).
If the GbR is non-commercial, registering the partnership only at a local tax office (Finanzamt) is sufficient.
As a point of difference to its incorporated counterparts, GbRs are not listed in the Handelsregiser (commercial register). The only exception is when a GbR’s annual turnover hits € 500,000. In this event, the GbR must convert into a general partnership (offene Handelsgesellschaft [oHG]) and enter into the commercial register (Handelsregister).
How is a GbR taxed?
Both the GbR and its respective partners’ income are taxable.
A GbR is subject to trade tax unless its profit remains below €24,500 within the financial year.
If its business profit is higher than € 17,500 within a fiscal year, VAT is also applicable.
The respective partners have to pay income tax on the profit that they personally receive from the GbR.
What are the pros and cons of the GbR?
no mandatory minimum share capital
easy formation process with fewer formalities
notarisation is not necessary
entry into the commercial register (Handelsregister) is not required