Help and Anwsers2023-10-26T16:26:06+02:00

Answers to your Question with Recht 24/7

Here you will find all questions about our services divided into the individual categories.

If you cannot find the answer to your question here, our service department at service@recht24-7.de will be happy to help you.

Do employment contracts also transfer to the GmbH after the conversion?2023-04-20T09:58:31+02:00

As a rule: Yes. In the event of a spin-off, employment contracts are usually transferred to a limited liability company. This transfer relates to all liabilities and claims arising from the contracts, which become the responsibility of the new company. In the case of non-cash formations or sales, employment contracts can be transferred as part of a transfer of operations in accordance with Section 613a of the German Civil Code (BGB). While this ensures that the contract is recognized by the new company, the same working conditions must also apply as before the transfer.

It should be noted that employees have the right to object to such a transfer and refuse legal recognition.

Is it also possible to convert the company into a UG?2023-04-20T10:02:20+02:00

The direct conversion of a sole proprietorship into a UG is unfortunately not possible due to certain regulations. While contributions in kind are permissible in the case of a GmbH, they are prohibited in the case of the formation of a UG under Section 5a (2) sentence 2 GmbHG. In addition, both contribution and spin-off procedures are generally excluded for this transition.

The only way for a sole proprietorship to transfer to a UG is therefore to transfer the existing business to a newly formed UG (haftungsbeschränkt).

What costs are incurred when converting a sole proprietorship into a limited liability company?2023-04-20T10:00:11+02:00

In the case of the conversion of a sole proprietorship into a GmbH, the total costs for the services of the mandatory notary are roughly the same, regardless of whether the capital increase is from company funds or against cash contribution.

As a rule, they amount to between 800 and 900 euros net. Furthermore, in the case of a capital increase from company funds, additional costs are incurred for the audit of the balance sheet by an auditor or certified accountant. These fees are generally around 750 euros net.

Do I need a partnership agreement for a UG under the simplified procedure?2023-10-26T15:09:08+02:00

My bank wants such a contract!

When founding an entrepreneurial company in the so-called simplified procedure, the model protocol replaces the articles of association. This follows directly from the law:

§ 2 Form of the partnership agreement
(1a) … The model protocol is also valid as a list of shareholders. In other respects, the provisions of this Act on the articles of association shall apply mutatis mutandis to the standard record.

Thus, a partnership agreement is not permissible and not possible with this formation. If your bank or the tax office should require such “articles of association” or “shareholders’ agreement”, it is sufficient if you submit the sample protocol.

Does a shareholder from abroad have to travel to Germany for incorporation?2023-10-26T15:09:39+02:00

Incorporation with a shareholder abroad is possible. There are two alternatives:

Alternative 1:

You have the deed notarized by a notary abroad. For this notary, you also need a so-called apostille on the document. This is a confirmation by an authority that the notary is actually licensed. This possibility exists in most countries.

You can find an overview here: https://www.dnoti.de

Alternative 2:

Alternatively, notarizations and certifications by German missions abroad (= embassy) are also possible.

You can find more information at https://www.auswaertiges-amt.de/de/.

We will gladly help you to prepare the appropriate documents and powers of attorney for a notarization abroad.

What are the costs for the notary and the registry court when incorporating a UG & Co. KG?2023-10-26T15:08:31+02:00

The notary fees are for up to 5.000 EURO share capital:

  • for one shareholder approx. 190,00 EURO
  • with 2-3 partners approx. 290,00 EURO
  • Additionally for the notarization of the commercial register application of the KG 150,00 EURO

The notary public will invoice the new company after the notarization.

The costs of the register court for the registration amount to 200.00 EURO for the UG (limited liability). The costs consist of 150.00 EURO for the registration and 50.00 EURO for making the documents available for retrieval.

For the registration of the KG in the commercial register the costs amount to 133.33 EURO (with up to 3 partners) – composed of registration (100.00 EURO) and provision for retrieval (33.33 EURO).

These fees will be invoiced to the new company approx. 10 days after notarization.

What happens to the contracts concluded before the incorporation of the company?2023-10-26T15:09:58+02:00

Can I subsequently “limit liability” and take over these contracts from my old company?

No. It is not possible to transfer old contracts from the sole proprietorship to the UG (limited liability company): The UG is not a so-called “legal successor” and does not enter into the existing contracts of a sole proprietorship.

Reason of the legal regulation: The contracting partner is not to be surprised straight by the liability protection of the UG. After all, he has concluded a contract with a natural person and not with a limited liability company.

Illustrated by an example: If this were possible, one could simply found a UG for credit contracts of a private person and would then be free of debt oneself.

Your personal liability is only effectively excluded for all legal claims (and also private insolvency) when the UG (limited liability company) has been entered in the commercial register.

What are the costs of the notary and the registry court for a GmbH & Co. KG incorporation?2023-10-26T15:10:07+02:00

The notary costs amount to with 25.000 EURO share capital:

  • with one shareholder approx. 800,00 EURO
  • with more partners approx. 860,00 EURO
  • additionally for the notarization of the commercial register application of the KG 150,00 EURO

The notary public invoices the new company after the notarization.

The costs of the register court for the registration amount to 200.00 EURO for the GmbH. The costs consist of 150.00 EURO for the registration and 50.00 EURO for the provision for the retrieval of the documents.

For the registration of the KG in the commercial register the costs amount to 133.33 EURO (with up to 3 partners) – composed of registration (100.00 EURO) and provision for retrieval (33.33 EURO).

These fees will be invoiced to the new company approx. 10 days after notarization.

What are the risks from non-profit status?2023-10-26T15:10:18+02:00

One of the most common risks is that an organization does not comply with the principle of altruism, which states that it must use all profits for charitable purposes and may not distribute profits to shareholders or other persons or institutions. In addition, excessive executive salaries and faulty executive contracts can also lead to violations of the non-profit status.

The shareholders of the gGmbH should be aware of these potential pitfalls in order to avoid having their non-profit status revoked.

What is the liability of a non-profit GmbH and its management?2023-10-26T15:10:32+02:00

A non-profit GmbH is a legal entity that has unlimited liability to third parties and is obliged to pay damages in the event of liability. This means that the non-profit GmbH and its management are jointly and severally liable for damages caused by the company. In addition, the management has unlimited liability for damages caused negligently or intentionally – even with its private assets.

It is important to ensure that all decisions are made with due care, as any negligence or intentional misconduct may result in personal financial losses for those involved in the management of the company.

What are the tax advantages of a non-profit GmbH (gGmbH)?2023-10-26T15:10:49+02:00

The tax advantages of founding a non-profit GmbH are considerable. Once the tax office has confirmed the non-profit GmbH`s non-profit status, it receives an exemption notice confirming its tax exemption for the specified assessment period. This means that the non-profit GmbH is exempt from corporate income tax, trade tax, solidarity surcharge and also property tax. In addition, many services in the non-profit sector are exempt from sales tax and taxed at a reduced rate of seven percent. In contrast, sales in commercial business operations must be taxed at a regular rate of 19 percent.

Is the non-profit GmbH a good alternative to the “non-profit” association?2023-10-26T15:11:04+02:00

The e. V. is the most common legal form for non-profit projects in Germany. It needs at least seven founding members to be established and can finance itself through membership fees without having to build up assets. This does not make decision-making any easier, as many decisions are made by the general meeting.

An alternative to the e. V. is the gGmbH, the limited liability company. This can be founded by an individual, and its members are shareholders, which means that decision-making is much more centralized than with an association. It can also be made by a shareholder all by himself. There is no “association bureaucracy” and one has everything in hand. However, the gGmbH does not have the same access to funding as an association through membership fees and instead relies on other sources of income such as donations or grants.

What is the difference between a normal GmbH and non-profit GmbH?2023-10-26T15:11:14+02:00

The main difference between the two is that a non-profit GmbH pursues a non-profit, charitable or ecclesiastical corporate purpose, whereas a GmbH has primarily economic interests. A non-profit GmbH must use 75 percent of its profits for the charitable purpose for which it was founded, such as animal welfare, environmental protection, consumer protection or monument conservation. A GmbH, on the other hand, is focused on generating profits for its shareholders.

The decision between founding a GmbH or a non-profit GmbH therefore depends on the purpose of your company.

What are the risks from non-profit status?2023-10-26T15:11:23+02:00

One of the most common risks is that an organization does not comply with the principle of altruism, which states that it must use all profits for charitable purposes and may not distribute profits to shareholders or other persons or institutions. In addition, excessive executive salaries and faulty executive contracts can also lead to violations of the non-profit status.

The shareholders of the non-profit UG should be aware of these potential pitfalls in order to avoid having their non-profit status revoked.

How are non-profit UG and its management liable?2023-10-26T14:59:38+02:00

A non-profit UG is a legal entity that has unlimited liability to third parties and is obliged to pay damages in the event of liability. This means that the non-profit UG and its management are jointly and severally liable for damages caused by the company. In addition, the management has unlimited liability for damages caused negligently or intentionally – even with its private assets.

It is important to ensure that all decisions are made with due care, as any negligence or intentional misconduct may result in personal financial losses for those involved in the management of the company.

What are the tax advantages of a non-profit UG?2023-10-26T15:01:13+02:00

The tax advantages of founding a non-profit UG are considerable. Once the tax office has confirmed the non-profit UG’s non-profit status, it receives a notice of exemption confirming tax exemption for the specified assessment period. This means that the non-profit UG is exempt from corporate income tax, trade tax, solidarity surcharge and also property tax. In addition, many services in the non-profit sector are exempt from sales tax and taxed at a reduced rate of seven percent. In contrast, sales in commercial business operations must be taxed at a regular rate of 19 percent.

Is the non-profit UG a good alternative to the “non-profit” association?2023-10-26T15:02:52+02:00

The e. V. is the most common legal form for non-profit projects in Germany. It needs at least seven founding members to be established and can finance itself through membership fees without having to build up assets. This does not make decision-making any easier, as many decisions are made by the general meeting.

An alternative to the e. V. is the non-profit UG, the limited liability company. This can be founded by an individual, and its members are shareholders, which means that decision-making is much more centralized than with an association. It can also be made by a shareholder all by himself. There is no “association bureaucracy” and one has everything in hand. However, the non-profit UG does not have the same access to funding as an association through membership fees and instead relies on other sources of income such as donations or grants.

What is the difference between a normal UG and non-profit UG?2023-10-26T15:04:47+02:00

The main difference between the two is that a non-profit UG pursues a non-profit, charitable or ecclesiastical corporate purpose, whereas a UG primarily has economic interests. A non-profit UG must use 75 percent of its profits for the charitable purpose for which it was founded, such as animal welfare, environmental protection, consumer protection or monument conservation. A UG, on the other hand, is focused on generating profits for its shareholders.

The decision between founding a UG or a non-profit UG therefore depends on the purpose of your company.

How much does a UG cost per year?2023-10-26T15:06:28+02:00

The costs of operating a UG consist of the following items:

  • Costs for the fulfillment of accounting and tax obligations.
  • Costs for the compulsory membership in the IHK/HWK (Chamber of Industry and Commerce)

For a UG with a turnover of 50,000.00 Euros, these costs are approximately 600.00 Euros per year. If your UG is active and has a high turnover, these costs increase according to the tax consultant fee regulation as well as the fee regulation of the IHK/HWK.

How much profit is a UG allowed to make?2023-10-26T15:07:33+02:00

Up to a share capital of 25,000.00 euros, 25 percent of the annual profit must be retained to form reserves. The remainder may be distributed to the company’s shareholders.

What contracts does Recht 24/7 create?2023-10-19T15:00:40+02:00

Recht 24/7 creates all contracts individually and can thus handle all constellations and circumstances. There is no type of contract that we do not create.

Who will draw up my contract?2023-04-20T14:25:17+02:00

Your contract will be drawn up by an experienced lawyer from our team.

Can I ask questions?2023-04-20T14:26:39+02:00

Yes, you can ask as many questions as you want about your draft contract and we will edit the draft until you are satisfied.

What is the difference with Secure Shop?2023-12-28T09:59:25+01:00

The Secure Shop is a subscription model with an unlimited term. The creation of the terms and conditions, on the other hand, is done once for a fixed price. You can then use the terms and conditions for an unlimited period of time. With the Secure Shop, the right of use ends after the end of the subscription.

Can I ask questions to the T&C?2023-12-28T09:59:23+01:00

Yes, you can ask as many questions as you want about your T&C and we will edit the draft until you are satisfied.

Who creates my T&C?2023-12-28T09:59:20+01:00

Your T&C will be drafted by an experienced lawyer from our team.

What T&C is Recht 24/7 drafting?2023-12-28T09:59:18+01:00

Recht 24/7 creates all T&C individually and can thus handle all constellations and circumstances. There is no type of T&C that we do not create.

Are changes in the law and new waves of warnings taken into account?2023-04-20T14:06:49+02:00

Yes, in the event of changes in the legal situation, our update service ensures that your legal texts comply with the legal requirements at all times and that your website and online store are protected from waves of warnings that usually roll in after changes in the legal situation.

What happens in the event of a warning?2023-04-20T14:08:26+02:00

With our legal texts, you can design your online store to be legally compliant and to avoid warning letters. You as a website operator are thus protected against warnings and avoid high warning costs. We take over the liability in case of a warning because of the legal texts provided by us and also the legal first consultation.

Free templates that can be found on the Internet (e.g. generator for imprint and data protection) can not do this.

In which store systems and on which platforms can I integrate the legal texts?2023-04-20T14:09:48+02:00

You can integrate the legal texts in all store systems and on all platforms. This includes in particular , Amazon, ebay, hood.de, Real.de, Etsy. In the area of social media: Instagram, facebook, LinkedIn, Xing, Twitter, Tiktok, clubhouse.

If a platform or social media platform used by you should not be included, the adaptation to the systems used by you is included.

Are there limitations on the number of platforms and stores?2023-04-20T14:10:28+02:00

No. Unlike other providers, your company can use the legal texts without restrictions for all platforms and stores operated by the company.

What advantage do I have with Secure-Shop legal texts?2023-10-26T15:18:42+02:00

You avoid costly warnings and present yourself professionally on the market!

As an online merchant and website operator you often have a risk regarding possible warning traps. A lawyer can warn you on behalf of a client and you bear the costs. Typical warnings can be found with incorrect revocation instructions, data protection notices or an error in the imprint. In order to avoid the costs of a warning, all so-called legal texts should come from a professional.

Which legal texts for the online store are included?2023-04-20T14:13:34+02:00

Secure-Shop is suitable for all providers who sell goods or services over the Internet. You receive legally secure

  • General terms and conditions (AGB)
  • Privacy policy
  • Imprint
  • Cancellation policy
Can I make a design / design patent application myself?2023-10-26T15:22:19+02:00

Theoretically yes, but in practice this is not advisable: Especially the design research and the assignment to the so-called Locarno classes requires experience and is usually done by a lawyer.

What is the cost of a design / design patent application?2023-10-26T15:23:20+02:00

The official fees are 60 EUR in Germany and 350 EUR at the EUIPO for a Europe-wide protection.

What are the requirements for design / design patent protection?2023-10-26T15:26:39+02:00

The design applied for must be designable: The specific shape and color of a product must be recognizable.

General ideas, concepts or design principles cannot be protected.

The design must be in harmony with public order and morality. It must also not contain any state emblems or other signs of public interest.

How do I apply for a design / registered design?2023-10-26T15:27:45+02:00

With an application at the DPMA or at the EUIPO for a Europe-wide protection (there the design application is called utility model).

How do I find out if a design / registered design is already protected?2023-10-26T15:28:53+02:00

One must perform a design search for this purpose. Specialized law firms use databases and search services for this, which are not available to the non-professional user. A general search is offered by the DPMA.

What is a design / design protection?2023-10-26T15:29:49+02:00

With a registered design you protect the appearance of a product. Typical examples are: Clothing, furniture or vehicles.

Parts of products can also be protected as registered designs, for example the button on a jacket or the steering wheel of a car.

By filing a registered design, you create a time-limited monopoly on the external shape and color design of a product. The designs submitted with the application define the subject and scope of protection: only what is apparent from the representations is protected.

Registered designs can be filed by companies or private individuals.

Do I necessarily need an identity and similarity search?2023-10-26T15:32:37+02:00

If it is not checked before filing a trademark application whether there are already similar or identical trademarks, the risk of contradictions due to already existing trademarks increases considerably.

Therefore, we advise to have an identity and similarity search performed before filing, which is included in our BUSINESS model.

What is the difference between the right 24/7 BASIC and BUSINESS trademark application model?2023-10-26T15:36:16+02:00

The BASIC model contains the examination of the protectability of the trademark and its application.

Only with the BUSINESS model is an identity and similarity search included, which is carried out before filing the trademark application.

Does the company need the extract from the transparency register?2023-04-20T09:35:02+02:00

An excerpt from the register is not mandatory here, as it can be viewed at any time. However, should you wish to do so, we can arrange this for you for a processing fee.

Why register a trademark with Recht 24/7?2022-04-14T08:46:40+02:00

Recht 24/7 has been around since 2003 and ensures that your trademark is researched and filed quickly and professionally by a lawyer.

Directly to the attorney – without an intermediary platform and detours. We are among the top law firms for trademark applications in Germany.

How long does my trademark application take?2022-04-14T08:43:41+02:00

We will prepare your trademark application within 24 hours after we have received all the necessary information about your trademark, the desired trademark protection and the applicant data.

After your approval, we file the trademark application with the relevant trademark office. Processing at the trademark office until publication of the trademark in the trademark register usually takes up to 4 months.

What does the Trademark Office examine?2022-04-14T08:42:07+02:00

To apply for a trademark, a corresponding application must be filed with the Patent and Trademark Office. The Patent and Trademark Office first checks whether all formal details comply with the legal requirements and whether the official fees have been paid. In addition, the office examines the so-called absolute grounds for refusal. These exist, for example, for trademarks that:

  • lack distinctive character
  • contain a sovereign sign
  • are contrary to public policy or morality.

If there are no grounds for refusal and the formal examination is positive, your trademark will be entered in the trademark register. The entire process is complex and requires competent correspondence with the trademark office.

As part of our “Trademark Application” product, we take care of all the necessary steps for you – from a detailed trademark search to the immediate application.

In which country is the trademark protection valid?2022-04-14T08:38:33+02:00

Trademark protection applies in the countries for which the trademark was applied for.

For a German trademark the protection area is Germany, for an EU trademark the trademark protection applies EU wide, i.e. in all member states of the European Union.

When will I receive my trademark certificate?2022-04-14T08:36:31+02:00

You will receive your trademark certificate from us after the Trademark Office has registered and published your trademark in the Trademark Register.

If you are applying for a German trademark, you will receive the trademark certificate in paper form.

If you are applying for an EU trademark, you will receive the trademark certificate in digital form (PDF file), as the EUIPO (European Trademark Office) only provides this format.

What do the number of classes mean for an application and the associated official fees?2022-04-14T08:34:56+02:00

The goods and services to which trademark protection extends are organized into classes. The trademark classification determines the claimed areas (classes) of the goods or services for which a trademark can be protected.

The official fees (which have to be paid to the Trademark Office after the application has been filed) of an application depend on the number of classes filed and amount to:

  • At the DPMA for the application of a German trademark
    • 290.00 € for the DPMA standard application fee with up to three classes
    • for each additional class 100,00 € office fee
  • At EUIPO (EU Trademark Office) for the application of an EU trademark
    • standard application fee with one class: 850 €
    • second class 50 € additional office fee
    • each additional class 150 € additional official fee
Is the list of goods and services with the Nice Classes necessary?2022-04-14T08:26:49+02:00

Trademarks are not registered in a blanket manner. Rather, it must be listed for which goods and/or services your trademark is to be protected. This list of goods and services is therefore an important part of the trademark application, which is incomplete without such a list.

The goods and services to which trademark protection extends are organized into (Nice) classes. The trademark classification determines the claimed areas (classes) of the goods or services for which a trademark can be protected.

This trademark classification is divided into 45 classes using an internationally uniform system, the “Nice Classification”.

Does Recht 24/7 act as agent for my trademark application?2022-04-14T08:24:33+02:00

Yes, when you file a trademark application through Recht 24/7, Recht 24/7 Schröder Rechtsanwaltsgesellschaft mbH acts as the representative for your trademark application. We handle the application procedure, clarify queries from the trademark office and handle all communication with the trademark office.

If you, as the applicant, do not have a place of residence or business or a branch office, it is mandatory that you be represented by a legal or patent attorney admitted to practice in Germany (Sec. 96 (1) Trademark Act). This is guaranteed with a trademark application through Recht 24/7.

What is the right type of trademark for my brand?2022-04-14T08:22:12+02:00

There are three types of trademarks: Word marks, figurative marks, and word/figurative marks.

  • Word marks are marks consisting of words, letters, numbers or other characters of the character set used by the Trademark Office. The scope of protection of the trademark here refers to the sequence of characters of the word and usually includes all common spellings.
  • Figurative marks are pictures, figurative elements or illustrations (without word elements).
  • Word/figurative marks are, as the name suggests, a combination of both. They consist of word and picture elements or of words that are graphically designed in a special way. A classic example of this is a logo with lettering or a special spelling. Here, protection extends to the combination of these representations.

We will be happy to advise you on which trademark form is the best option for your trademark application.

Why does it make a difference for trademark protection whether I am a manufacturer or a distributor of the goods?2022-04-14T08:19:32+02:00

If you are a (quasi-) manufacturer of goods, the respective goods protection is required. The protection of goods automatically includes the protection of the associated retail services.

If you are a retailer of goods, the protection of the respective retail services is required, not the protection of the goods.

Will owners of similar or identical trademarks be notified about my application?2022-04-14T08:16:16+02:00

If owners of similar or identical trademarks have set up trademark monitoring, they will receive notification of your application.

If confusion is alleged, opposition to your application may be filed. Therefore, after registering your trademark, we also advise you to set up a trademark watch.

The upload to the contract check does not work – what can I do?2023-04-20T11:11:38+02:00

Mostly it is because the file is too big. The current limit in the online form is 5 MB.

No problem: Send us all documents to vertrag@recht24-7.de. You can place your order in parallel (without uploading). We will then assign your order to the documents.

Or we will send you an upload link, with which you can easily upload documents without size limitation. Just send a short email to vertrag@recht24-7.de and you will receive the upload link.

Can I register my company with the Transparency Register myself?2023-04-20T09:25:19+02:00

Of course you can legitimize yourself at the transparency register on their website, create an account and enter your data yourself.

We would be happy to do this for you for the conditions shown on our page.

What happens if I do not enter my company in the Transparency Register or report incorrect data?2023-04-20T09:28:52+02:00

If you do not comply with your obligation to register, you can expect severe fines. Depending on the case, these fines can reach up to EUR 100,000 or, in the case of intent, up to EUR 150,000. The same applies to the entry of incorrect data. In the event of data inconsistencies, you must also expect so-called inconsistency reports, to which you must respond within a short period of time, as there is also the threat of fines.

Please note that final decisions on fines are also published on the website of the Federal Office of Administration (so-called naming and shaming) and can thus have an impact on your reputation.

Why is there an obligation to register in the Transparency Register?2023-04-20T09:29:24+02:00

The legislator stipulates that, among other things, all companies entered in a German commercial register must enter their beneficial owners in the transparency register. Industry, activity or other criteria are not relevant.

Since when is there an obligation to register in the transparency register?2023-04-20T09:29:52+02:00

For companies founded before 01.08.2021, the obligation to register arises for the first time from 31.03.2022, depending on the legal form, for younger companies already since 01.09.2021.

What exactly is the transparency register?2023-04-20T09:30:27+02:00

The Transparency Register is the central database in Germany that shows the beneficial owner(s) for all obligated companies.

Its purpose is to prevent or impede illegal money laundering through transparency. It finds its legal basis in the Money Laundering Act (GWG).

What are my obligations after liquidation?2023-04-20T14:43:38+02:00

Business records must still be kept for 10 years. Otherwise, there are no longer any obligations.

Who can become liquidator?

Any natural person over 18. In most cases, the managing director will assume the role of liquidator from that point on.

Are there alternatives to liquidating my limited liability company?2023-04-20T14:44:15+02:00

No. Legally, a GmbH or UG can only be dissolved by liquidation if there is no insolvency.

Why should you liquidate a UG or GmbH?2023-04-20T14:44:54+02:00

For final settlement! If you do not liquidate your UG or GmbH, you must submit a balance sheet and tax return to the tax office annually. The costs end only with a termination of the company by liquidation.

How high are the costs for notary, court and Federal Gazette when liquidating a UG?2023-10-26T15:38:19+02:00

The notary costs amount to a total of approx. € 400.00. The registry court costs amount to approx. € 300.00. The costs for the Federal Gazette are already included in our fee.

Why liquidate with Recht 24/7?2023-04-20T14:46:10+02:00

Recht 24/7 has experience with company formations and liquidations since 2003. We are the original and ensure that you liquidate your UG or GmbH quickly and professionally.

You will receive all the necessary documents, prepared by a lawyer according to your requirements. All this in 24 h.

Unlimited legal advice on liquidation by a lawyer is included in the price. All services required for liquidation are included.

No hidden costs. Compare for yourself.

Will owners of similar or identical trademarks be notified of my application?2023-10-26T15:39:51+02:00

If owners of similar or identical trademarks have set up a trademark watch, they will receive notification of your application.

If confusability is alleged, opposition can be filed against your application. Therefore, we advise you to set up a trademark watch after registering your trademark.

Why does it make a difference for trademark protection whether I am a manufacturer or a distributor of the goods?2023-10-26T15:40:22+02:00

If you are a (quasi-) manufacturer of goods, the respective goods protection is required. The protection of goods automatically includes the protection of the associated retail services.

If you are a retailer of a good, the protection of the respective retail service is required, not the protection of the good.

How can I book the appointment for personal consultation?2023-04-20T10:23:07+02:00

After your mandate and written statement of the processing lawyer, you will receive a link by e-mail, with which you can easily book an appointment for discussion and further action. Here you can select phone call or video chat.

What happens if a trademark collision is detected?2023-04-20T13:50:12+02:00

If the trademark monitoring search report reveals a collision, we will contact you. We will advise you on the best course of action to take against a plagiarist.

Which trademark registers are monitored?2023-04-20T13:50:58+02:00

All databases of the trademark registers DPMA, EUIPO, USPTO & WIPO (Madrid) are searched for identical or similar trademarks.

What is the cost of Recht 24/7 trademark monitoring?2023-04-20T13:51:56+02:00

The monitoring of your trademark with all the above services costs 29.90 EURO per month.

Can I incorporate a UG according to the model protocol with two managing directors?2023-10-26T15:48:49+02:00

No, the standard protocol allows a maximum of one managing director and three shareholders.

If you have two or more managing directors, we will draw up individual articles of association for you. Please note that the notary fees for the notarization will increase by approx. 600 EURO.

What is the cost of the notary and the registry court when incorporating a holding company?2023-10-26T15:51:20+02:00

The following notary fees are incurred for the formation of the various companies.

Incorporation of a UG (limited liability)

The notary costs amount with up to 5.000 EURO share capital:

  • with one partner approx. 190,00 EURO
    with 2-3 partners approx. 290,00 EURO

The notary will invoice the new company after the notarization.

The registry court costs amount to 200.00 EURO and will be invoiced to the new company approx. 10 days after the notarization. The costs consist of 150.00 Euro for the registration and 50.00 Euro for the retrieval of the documents.

Incorporation of a limited liability company

The notary costs amount to with 25.000 EURO share capital:

  • with one shareholder approx. 800,00 EURO
    with more partners approx. 860,00 EURO

The notary public will invoice the new company after the notarization.

The registry court costs amount to 200.00 EURO and will be invoiced to the new company approx. 10 days after the notarization. The costs consist of 150.00 Euro for the registration and 50.00 Euro for the retrieval of the documents.

What are the costs of the notary and the registry court for the incorporation of a limited liability company?2023-10-26T15:52:59+02:00

The notary costs amount to with 25.000 EURO share capital:

  • with one shareholder approx. 800,00 EURO
  • with more partners approx. 860,00 EURO

The notary will invoice the new company after the notarization.

The registry court costs amount to 200.00 EURO and will be invoiced to the new company approx. 10 days after the notarization. The costs consist of 150.00 Euro for the registration and 50.00 Euro for the retrieval of the documents.

Am I liable to social security as the sole shareholder and managing director of an Unternehmergesellschaft GmbH?2023-10-26T15:54:17+02:00

No. As a rule, you are not: If the shareholder and managing director has a shareholding of 50% or more, this is considered to be a so-called dominant position within the company. There is therefore no “dependency” as with a normal employment contract and the shareholder is treated as a self-employed person.

There is therefore no obligation to pay social insurance (ruling on this: BSG Urt. v. 14. 12. 1999 – B 2 U 48/98 R, GmbHR 2000, 618, 619).

What about taxes for an entrepreneurial company or limited liability company?2023-10-26T15:55:13+02:00

The Unternehmergesellschaft (UG haftungsbeschränkt) or GmbH are taxed according to the principles of the so-called corporations. The following taxes are due:

– Corporations pay corporate income tax on their profits in the amount of 15% of the profit.

– In addition, corporations must pay a solidarity surcharge of 5.5% on the corporate income tax.

These taxes are far below those that a self-employed person would otherwise normally have to pay on his profits. This is particularly advantageous if the profits do not have to be paid out in full and can remain in the company.

When profits are distributed to the shareholders, a final withholding tax of 25% is additionally due and a further solidarity surcharge of 5.5% on this tax.

Is it possible to take over an existing account for my UG or GmbH?2023-10-26T15:59:25+02:00

Why can I not use an old account for my entrepreneurial company (haftungsbeschränkt), but have to open it completely new?

Prior to notarization, only a so-called “pre-incorporation company” exists. Neither such a pre-establishment company itself nor its assets are transferred to the later entrepreneurial company after its establishment.

For this reason, the continuation of a bank account set up by the founding partners prior to the establishment of the company by the pre-founding company or the later entrepreneurial company is ruled out. In this respect, we strongly advise against setting up the account before the notary appointment.

You can find our partners for opening a business account here: https://recht24-7.de/recht-24-7-partner/

Can I also bring my car as an asset in the incorporation?2023-10-26T16:00:26+02:00

Is this only possible with the GmbH or also with the Unternehmergesellschaft?

A so-called non-cash formation is possible in principle, but it is very time-consuming. This requires a report on the formation in kind and a contribution agreement. In addition, you need an expert opinion on the value of the object to be contributed (e.g. DEKRA expert opinion). The registry court then examines this so-called non-cash incorporation on an individual basis.

From a practical point of view, it can be ruled out that a non-cash formation can be completed quickly. In most cases, it takes several weeks for the above-mentioned steps to be completed before the final registration. For these reasons, we do not currently offer non-cash incorporation.

Moreover, a formation in kind is only possible for the GmbH and not for the UG (haftungsbeschränkt).

Help filling out the tax office questionnaire?2023-10-26T16:01:23+02:00

You will receive a questionnaire from the tax office approximately 10 days after registration in the commercial register. We will of course provide you with comprehensive support during the formation of your UG or GmbH. For this purpose we also answer all questions regarding the questionnaire of the tax office.

As with all questions regarding your formation, a lawyer is available to you around the clock. You can also get a good first overview here.

What is a UG?2023-10-26T16:02:34+02:00

A “UG” stands for Unternehmergesellschaft. The correct company name is “UG (haftungsbeschränkt). It is a so-called corporation. That means: With foundation a new “legal” person is created, which takes over the whole liability of the entrepreneur as with the GmbH.
Only the company – i.e. the UG – is liable and no longer the entrepreneur. The regulations of the GmbH law apply to the UG. The UG offers thus like a GmbH substantial liability reliefs. A substantial advantage exists in the area of the insolvency: here always only the society and never the entrepreneur is personally responsible.
The UG combines the advantages of a GmbH with a low-cost incorporation.

What is the cost of the notary and the registry court when incorporating a UG?2023-10-26T16:04:01+02:00

The notary fees when using the model protocol and for up to 7,000 Euro share capital amount to:

  • for one shareholder approx. 190,00 Euro
  • with 2-3 partners approx. 290,00 Euro

The notary costs when using individual articles of association are the same as for a GmbH:

  • with one shareholder approx. 800,00 EURO
  • with more partners approx. 860,00 EURO

The notary settles the account with the new company after the notarization by invoice.

The registry court costs amount to 200.00 EURO and are invoiced to the new company approx. 10 days after the notarization. The costs consist of 150.00 Euro for the registration and 50.00 Euro for the retrieval of the documents.

How fast is the incorporation?2023-10-26T16:05:11+02:00

You will receive your incorporation documents from a lawyer individually prepared in 24 h. If you are in a hurry, we can also arrange a notary appointment within this period. The company is capable of acting as a UG in incorporation after notarization.

Why incorporate with Recht 24/7?2023-10-26T16:06:39+02:00

Recht 24/7 has been incorporating companies since 2003. We are the original and ensure that you incorporate quickly and professionally.

You will receive all the necessary documents, prepared by a lawyer according to your requirements. All this in 24 h.

Full legal advice on incorporation by a lawyer is included in the price. All services required for the incorporation are included. You do not pay anything extra for a legal “foundation consultation” or a managing director contract. You receive advice from a lawyer and not from a ” incorporation consultant ” without legal qualifications.

No hidden costs. Compare for yourself.

Are my order details secure?2022-04-28T14:21:39+02:00

Yes. The transmission with our online forms and storage of all data is secured and encrypted via https (SSL encryption).

Is my payment to Recht 24/7 secure?2022-04-28T14:23:32+02:00

Yes – we attach great importance to this!

Our payment provider Micropayment is one of the largest and most established providers on the market: www. micropayment.de

Payment Card Industry Data Security Standard, or PCI DSS for short, is a security standard for handling card and transaction data.

Recht 24/7 complies with this certification.

How is the rating obtained?2023-10-26T16:09:22+02:00

The reviews are all original evaluations of our clients. We are proud of this and it shows us that people are satisfied with our service.

The customer rating system is a service of Trusted Shops GmbH.

Trusted Shops has been the leading seal of approval provider for online stores in Europe since 1999 and is the guarantor for independent and genuine ratings.

What is the right brand shape for my brand?2023-10-26T16:10:31+02:00

There are three types of trademarks: Word marks, figurative marks, and word/figurative marks.

Word marks are marks consisting of words, letters, numbers or other characters of the character set used by the Trademark Office. The scope of protection of the trademark here refers to the sequence of characters of the word and usually includes all common spellings.

Figurative marks are pictures, figurative elements or illustrations (without word elements).

Word/figurative marks are, as the name suggests, a combination of both. They consist of word and image elements or of words that are graphically designed in a special way. A classic example of this is a logo with lettering or a special spelling. Here, protection extends to the combination of these representations.

We will be happy to advise you on which trademark form is the best option for your trademark application.

Does Recht 24/7 act as a representative of my trademark application?2023-10-26T16:11:38+02:00

Yes, when filing a trademark application through Recht 24/7, Recht 24/7 Schröder Rechtsanwaltsgesellschaft mbH is the representative for your trademark application. We take care of the application procedure, clarify queries from the Trademark Office and handle all communication with the Trademark Office.

If you, as the applicant, do not have a place of residence or business or a branch office, it is mandatory that you be represented by a legal or patent attorney admitted to practice in Germany (Section 96 (1) of the German Trademark Act). This is guaranteed with a trademark application through Recht 24/7.

Is the list of goods and services with the Nice classes necessary?2023-10-26T16:12:41+02:00

Trademarks are not registered across the board. Rather, it must be listed for which goods and/or services your trademark is to be protected. This list of goods and services is therefore an important part of the trademark application, which is incomplete without such a list.

The goods and services to which trademark protection extends are organized into (Nice) classes. The trademark classification determines the claimed areas (classes) of the goods or services for which a trademark can be protected.

This trademark classification is divided into 45 classes using an internationally uniform system, the “Nice Classification”.

What do the number of classes in a registration and the associated official fees mean?2023-10-26T16:13:43+02:00

The goods and services to which trademark protection extends are organized into classes. The trademark classification determines the claimed areas (classes) of the goods or services for which a trademark can be protected.

The official fees (which have to be paid to the Trademark Office after the application has been filed) of an application depend on the number of classes filed and amount to:

At the DPMA for the application of a German trademark:

  • 290.00 € for the DPMA standard application fee with up to three classes
  • for each additional class 100,00 € office fee

At EUIPO (EU Trademark Office) for the application of an EU trademark:

  • standard application fee with one class: 850 €
  • second class 50 € additional office fee
  • each additional class 150 € additional office fee
When will I receive my trademark certificate?2023-10-26T16:14:53+02:00

You will receive your trademark certificate from us after the trademark office has registered and published your trademark in the trademark register. When applying for a German trademark you will receive the trademark certificate in paper form, when applying for an EU trademark you will receive the trademark certificate in digital form (PDF file), as the EUIPO (European Trademark Office) only provides this format.

In which country does trademark protection apply?2023-10-26T16:16:30+02:00

Trademark protection applies in the countries for which the trademark was registered.

For a German trademark, the protection area is Germany; for an EU trademark, the trademark protection applies EU-wide, i.e. in all member states of the European Union.

What does the Trademark Office examine?2023-10-26T16:18:11+02:00

To apply for a trademark, a corresponding application must be filed with the German Patent and Trademark Office (DPMA). The DPMA first checks whether all formal details comply with the legal requirements and whether the official fees have been paid. In addition, the office examines the so-called absolute grounds for refusal. These exist, for example, for trademarks that:

  • lack distinctive character
  • contain a sovereign sign
  • are contrary to public policy or morality.

If there are no grounds for refusal and the formal examination is positive, your trademark will be entered in the trademark register. The entire process is complex and requires competent correspondence with the trademark office. As part of our “Trademark Application” product, we take care of all the necessary steps for you – from a detailed trademark search to the immediate application.

How long will my trademark application take?2023-10-26T16:19:21+02:00

We prepare your trademark application within 24 hours after we have received all the necessary information about your trademark, the desired trademark protection and the applicant data.

After your approval, we file the trademark application with the responsible trademark office. The processing at the trademark office until the publication of the trademark in the trademark register usually takes up to 4 months.

Why register a trademark with Recht 24/7?2023-10-26T16:21:05+02:00

Recht 24/7 has been around since 2003. We ensure that your trademark is researched and registered quickly and professionally by a lawyer. Directly to the lawyer – without an intermediary platform and detours. We are among the top law firms for trademark applications in Germany.

How do I get the result?2023-04-20T11:12:16+02:00

You will receive the revision in a comprehensively annotated PDF file by e-mail together with the evaluation of your contract.

Who will review my contract?2023-04-20T11:13:07+02:00

Your contract will be reviewed by a specialized, experienced attorney from our team.

Can I ask questions about the contract review?2023-04-20T11:14:25+02:00

Yes, you can ask as many questions as you like about your contract review. Please send them directly to vertrag@recht24-7.de with your order number.

How long does it take to review my contract?2023-04-20T11:15:03+02:00

You will receive the results in 24 hours at the latest (guaranteed processing time). The average processing time is about 2 hours.

What contracts does Recht 24/7 review?2023-04-20T11:16:12+02:00

We check all contracts. The Recht 24/7 contract check is particularly suitable for:

  • Real estate purchase contracts
  • Property development contracts
  • Contracts for work
  • Eemployment contracts
  • Managing director contracts
  • Rental agreements
  • Franchise agreements
Why have your contract reviewed by Recht 24/7?2023-04-20T11:19:19+02:00

Recht 24/7 has been around since 2003. We are the original and ensure that your contract is reviewed quickly and professionally by a lawyer. Directly to the lawyer – without a mediation platform and detours.

The whole thing in 24 h!

Can I bill Recht 24/7 through my legal insurance?2023-04-20T10:24:00+02:00

Yes, this is possible, of course. We cooperate with all legal protection insurances and can gladly handle the legal representation via the legal protection insurance.

Can you represent me in court later?2023-10-19T10:26:34+02:00

Yes, in all courts throughout Germany. After our initial risk assessment and consultation, we will be happy to prepare a fixed-price offer for you. With all risks and costs.

Who will answer my questions?2023-04-20T10:25:30+02:00

Recht 24/7 is a German law firm. Your inquiries will be processed and answered exclusively by lawyers of our law firm who are admitted to practice in Germany.

Can I ask questions about my case?2023-04-20T10:33:37+02:00

Yes, you can ask as many questions as you like about your case and queries after your case has been processed. Simply email us at rechtsanwalt@recht24-7.de. These queries are included in the flat rate.

When will I receive a response to my case?2023-04-20T10:34:23+02:00

You will receive a detailed response by email from a specialized lawyer within 24 hours.

Why should I go to a lawyer with Recht 24/7?2023-10-19T10:24:44+02:00

Recht 24/7 has been successfully operating as a law firm since 2003.

You will receive a quick and professional answer to your legal question from a specialized lawyer. Directly, without searching and without a mediation platform.

Without hidden costs and without risk – at a fixed fee. Absolutely confidential – directly to the lawyer. If you then need a lawyer in court, we will represent you in all courts throughout Germany.

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