GmbH online formation is the process of establishing a German limited liability company using digital preparation and, where permitted, a notarial video appointment. The legal requirements for the company remain unchanged. Founders still need formation documents, capital contributions and commercial register entry, which establishes the GmbH as such. [1] [2]
For entrepreneurs, “online formation” can sound like completing a form and immediately receiving a registered company. In practice, it describes a process involving several participants: the founders, an independent notary, a bank and the register court. Understanding their different roles helps you assess whether online formation suits your situation, what documents you need and which steps must still happen after the video appointment.
Key takeaways in 30 seconds
- Online formation changes how you attend the notary appointment. Eligible formation deeds can be notarised by video through the official German notarial system.
- The company’s legal requirements remain the same. A GmbH needs at least €25,000 in subscribed capital; a cash formation can generally be filed after qualifying initial contributions totalling at least €12,500.
- Electronic identification is essential for remote participation. A passport alone does not replace an eligible eID.
- The notary appointment and registration are separate milestones. Signing the formation deed does not immediately create a registered GmbH.
- beglaubigt.de: Prepare your GmbH formation digitally and coordinate the next steps.
The capital requirements follow § 5 and § 7 GmbHG; identification for video notarisation is governed by § 16c BeurkG.
1. Understanding what online GmbH formation means
Is an online GmbH a different type of company?
An online-formed GmbH has the same legal form as a GmbH established through an in-person notary appointment. “Online” describes the procedure used during formation. It does not create a separate company category, lower the statutory capital requirement or change the basic relationship between shareholders and the company.
A registered GmbH is a legal person with its own rights and obligations. Under § 13 GmbHG, the company’s assets generally answer for its liabilities to creditors. That principle concerns the company’s legal structure, rather than whether its founders attended the notary remotely. It should not be understood as a blanket exemption from every possible personal obligation or liability. [3]
What makes the formation procedure “online”?
The defining element is that the permitted notarial work can take place by video. Section 2(3) GmbHG allows the articles to be notarised through video communication where other formal requirements do not prevent it. Participants use qualified electronic signatures within that procedure. [1]
Digital preparation can accompany either a video or an in-person appointment. For example, founders may submit information and review drafts online but attend the notary’s office to sign. When assessing a service, establish whether “online” means digital administration, remote notarisation or both. The distinction matters particularly if avoiding travel is your main reason for choosing the process.
2. Separating preparation, notarisation and registration
Who does what during online formation?
The founders decide the commercial structure: who owns the company, who manages it and what business it will conduct. Those decisions inform the documents. A formation service can help gather information and coordinate the process, while the independent notary performs the notarial work.
The notary verifies identity, explains the deed and conducts the legally required notarisation procedure. The register court subsequently examines the application and decides on entry. The official procedure therefore contains checks that cannot be replaced by submitting information to a private website. [4] [21]
With beglaubigt.de, you can organise the preparation and coordination of your GmbH formation. Notarisation remains the responsibility of the independent notary.
When does the GmbH legally exist?
Commercial register entry is the decisive milestone. Under § 11(1) GmbHG, the GmbH does not exist as such before it is registered. After the formation deed has been executed, the company is commonly described as a GmbH in Gründung, or GmbH in formation.
That distinction matters when entering contracts or taking on financial commitments. Section 11(2) GmbHG provides for personal and joint liability of persons acting in the company’s name before registration. Founders should therefore clarify significant commitments during the formation period instead of assuming that the signed deed already gives them the position of a registered company. [2]
3. Understanding who can use the online procedure
Which founders can participate remotely?
Remote participation depends on the proposed transaction and the ability to complete the prescribed identification procedure. Nationality alone does not determine whether someone can use it. A person may hold an eligible electronic identity but lack the necessary photograph document, or have a valid passport without a supported eID.
The legal framework generally requires an accepted electronic identity at assurance level “high” together with an electronically retrieved official photograph. The notary must be satisfied about the participant’s identity. A photograph uploaded by the user or a standard video call does not automatically satisfy these requirements. [6]
Which identification documents are suitable?
Potentially suitable options include a German identity card with the online identification function activated, an eligible electronic residence permit, the German eID card for EU/EEA citizens and supported foreign electronic identities. The exact document must meet the requirements and work with the notarial system. [7]
The electronic identity and the official photograph may come from different documents. For example, an older German identity card can provide the eID while a suitable passport provides the digital photograph. German identity cards issued on or after 2 August 2021 can generally supply both; suitable electronic residence permits can also provide the photograph. [8]
Check the combination before booking. Our guide to identification documents for online notarisation explains why a passport alone is insufficient and how the different documents work together.
What equipment do you need?
The standard setup includes an NFC-enabled smartphone with the Notar-App, plus a computer or suitable tablet with a camera, microphone and stable internet connection. Where a PIN is required for your electronic identity, have it ready and check that the online function is active.
Each remote participant should test their own setup. Discovering an inactive identification function or unreadable document during the appointment can interrupt an otherwise prepared formation. Completing the identity and device checks early makes the appointment easier to coordinate. [7]
What if you cannot meet the online requirements?
An in-person appointment remains an alternative. Depending on the proposed acts, representation under a properly prepared power of attorney may also be possible. Section 2(2) GmbHG requires a notarised power of attorney or a power of attorney with a notarised signature for a representative to sign the articles. [1]
Discuss representation with the German notary before signing documents abroad. The required wording, authentication and translation depend on the case. A power of attorney for the shareholder’s formation declaration should also not be assumed to replace every personal declaration required from a managing director.
4. Understanding what changes—and what stays the same
Does online formation remove the need for share capital?
The minimum subscribed capital remains €25,000 under § 5 GmbHG. In a standard cash formation, § 7 GmbHG requires at least one quarter of the nominal amount of each share to be paid before filing, with total contributions reaching at least €12,500. Both conditions must be met. [9] [10]
For example, two shareholders each taking a €12,500 share could each contribute €6,250 initially. The remaining contributions are still owed. The online procedure changes neither that obligation nor the distinction between subscribed capital and the amount initially paid.
Our article on paying share capital into a GmbH explains the payment stage in more detail.
Does online formation mean using a basic template?
Individually drafted articles can also be notarised online where the transaction is eligible. A statutory model protocol may suit a simple structure, while tailored articles can address the relationship between founders more fully.
Think about how decisions will be made, what happens if a shareholder leaves and whether outside investment is expected. Choosing a video appointment does not settle those questions. The document choice should follow the company’s needs, with the notary or adviser explaining the implications. [1]
Can contributions in kind be handled online?
Certain GmbH formations involving contributions in kind can use the online procedure. However, additional formal requirements connected with the contributed assets may prevent a particular transaction from being completed entirely by video.
Tell the notary exactly what will be contributed before selecting the procedure. A formation funded with cash and a formation involving property or other assets can require different documents and checks. The Federal Chamber of Notaries expressly distinguishes the permitted procedure from transactions whose other formal requirements stand in the way. [5]
5. Seeing how online formation works in practice
What happens before and after the video appointment?
Preparation starts with the company name, business purpose, ownership, management and address. Resolve these decisions early so the documents reflect an agreed structure. Our article on the IHK company name check explains the role of a preliminary name assessment.
Once drafts and identification arrangements are ready, the notarial appointment can take place. For a typical cash formation, account opening and the required capital contributions follow before the register application is filed. The notary and founders should coordinate that sequence so the application is not held up by missing information.
Banking is therefore part of the practical formation plan. Check that the intended account can be opened for a company in formation. Our guide to opening a GmbH business account explains the usual order and required documents.
For the wider process, the GmbH formation guide covering costs, duration and registration provides additional detail in German.
Does “online” mean the company is registered immediately?
Overall timing depends on preparation, appointment availability, banking, capital contributions and the register application. Digital coordination may reduce travel and administrative delays, but it does not eliminate those stages.
For qualifying online formations, § 25(3) HRV provides for registration generally within ten working days after receipt of a complete application or removal of a remediable obstacle. A five-working-day period applies where the specified conditions involving natural-person shareholders and statutory model protocols are met. These provisions concern the register stage, rather than a guaranteed duration from the first enquiry. [14]
6. Understanding costs and geographical requirements
What does online GmbH formation cost?
Budget separately for notarial work, register fees and any private formation service. Share capital is a further funding requirement, rather than a service charge. Depending on the structure, translations, authentication and additional advice may also be needed.
Notarial fees are governed by law. As an illustration, Notar.de publishes a €630 fee example for a multiple-shareholder GmbH with €25,000 capital and appointment of the managing director, before expenses and VAT. It is an example for a particular transaction, rather than a universal formation quote. [11]
The official online procedure guidance also lists video-system expenses of €25 per notarisation procedure and €8 per certification procedure, plus VAT. For a standard first registration of a cash-funded GmbH, the €225 registration fee and the additional one-third provision under item 6000 total €300. [12] [13]
Can founders use online formation while living abroad?
Living abroad is not, by itself, the same as being unable to form a German GmbH. Section 6 GmbHG does not impose a general German residence or citizenship requirement on managing directors, although its eligibility and disqualification rules still apply. Remote participation also requires suitable identification. [18]
The company needs a registered office in Germany and a domestic business address for the register application under § 4a and § 8 GmbHG. Online formation therefore does not remove the company’s German address requirements. [16] [17]
International founders should plan how official correspondence, banking and company administration will be handled. If relocation or work in Germany is intended, clarify the applicable immigration requirements separately with the competent authority.
Does register entry complete every administrative obligation?
Registration establishes the GmbH as such, but it does not automatically complete every task required for the business. Tax registration and beneficial ownership reporting have their own requirements. Plan who will handle them and what information must be supplied.
Section 138 AO governs relevant tax notification and information duties, while § 20 GwG addresses obtaining, maintaining and reporting beneficial ownership information. Coordinate these tasks alongside formation so that the company’s administration can continue smoothly after entry. [19] [20]
7. Your next step with beglaubigt.de
Turn your formation plans into a clear process
With beglaubigt.de, you can organise the digital preparation and coordination of your GmbH formation. Start by confirming the ownership structure, identification documents and support you need.
The published packages refer to a notary appointment within seven working days. Court registration remains a separate stage, subject to the application and register court processing.
GmbH formation support from €249 plus VAT
The service price covers the selected beglaubigt.de package. Statutory notarial fees, register fees and share capital are additional. An independent notary conducts notarisation.
Start your GmbH formation with beglaubigt.de
FAQ about GmbH online formation in Germany
Is GmbH online formation legally recognised?
Yes. German law permits eligible GmbH formation deeds to be notarised through video communication. The procedure must satisfy the applicable legal requirements, including identification and electronic signing. Commercial register entry remains necessary.
Is an online GmbH different from a traditional GmbH?
The legal form is the same. “Online” describes the procedure used during formation. It does not create a different type of GmbH or change the statutory minimum capital.
Do I still need a notary?
Yes. The online procedure allows eligible participants to attend remotely. The independent notary still performs the required notarial work.
Can I form a GmbH online with just a passport?
A passport alone does not replace the required electronic identity. It may provide the digital photograph alongside an eligible eID. Confirm the exact document combination before booking.
Does online formation guarantee faster registration?
The overall duration depends on the complete process, including documents, banking and court review. Digital preparation can make coordination easier, but a video appointment does not guarantee immediate registration.
What should I do first?
Agree the proposed ownership and management structure, then check whether all intended remote participants have suitable identification. Those two checks help determine the document requirements and the most practical notarial route.
Sources
[1] § 2 GmbHG — Form of the articles, representation and video notarisation
[2] § 11 GmbHG — Legal position before registration
[3] § 13 GmbHG — Legal personality and company liability
[4] § 16a BeurkG — Admissibility of video notarisation
[5] Bundesnotarkammer — Permitted online notarial procedures
[6] § 16c BeurkG — Identification in notarial video procedures
[7] Bundesnotarkammer — Technical and identification requirements
[8] Bundesnotarkammer — Documents for reading the digital photograph
[10] § 7 GmbHG — Capital contributions before filing
[11] Bundesnotarkammer / Notar.de — Notarial fee examples
[12] Bundesnotarkammer — Additional expenses for online procedures
[13] HRegGebV, fee schedule — Commercial register fees
[14] § 25 HRV — Processing periods for qualifying online registrations
[15] beglaubigt.de — GmbH formation service, packages and provider information
[16] § 4a GmbHG — Registered office in Germany
[17] § 8 GmbHG — Registration application and domestic business address
[18] § 6 GmbHG — Managing director eligibility
[19] § 138 AO — Tax notification and information duties
[20] § 20 GwG — Beneficial ownership reporting
[21] Bundesnotarkammer — How the online notarial procedure works
