I am a Peruvian national living in France with a French residence permit. I would like to know if I can open a startup in Germany without living there and if I need a residence permit or a type of authorization from Germany. I would launch the startup with a German citizen, who is currently living and working in Switzerland. We would like to launch an UG with 2 founders/CEO. Would this be possible?
Generally speaking, there are no restrictions for foreign nationals, who wish to establish a company in Germany, such as a domestic place of residence. However, a German business address is required. Additionally, the local trade office registration generally requires that a local representative of the business be located in Germany. Please note, however, that there may be fiscal consequences, when the company is run from abroad. Please contact a tax consultant for further details.
For general information on how to set up a company in Germany, please visit the GTAI website. The incorporation procedure of a GmbH or UG requires the involvement of a German notary. For individual advice on how to proceed with the registration of your company, please contact a German notary (German website).
Regarding visits to Germany during and after setting up the company, please note: Non-EU nationals must generally apply for a visa at the responsible German embassy at their domicile. However, an existing residence permit of another EU country may authorise entering other EU member states, in this case Germany. Please check with the issuer of your residency permit.
General information on the requirements for entering and residing in Germany is provided by the Federal Foreign Office. Due to the ongoing Corona-epidemic, specific rules currently apply.
Please note that no legal advice can be given in this forum. For individual legal advice, please contact a lawyer of your choice.
Reference: Germany Trade & Invest GmbH
Gesellschaft für Außenwirtschaft und Standortmarketing mbH
www.gtai.com
April 2020
