Company formation in the online procedure
In the article "New paint for old problems" in the current August 2022 issue of JUVE Rechtsmarkt magazine, Sarah Scherwitzki, lawyer and notary in the Berlin office of SNP Schlawien, comments on setting up a company online.
"It is to be welcomed that the typical legal transactions in connection with the formation of a company can be carried out in the online procedure in the future," she says against the background that the formation of a GmbH with cash is possible with immediate effect via video conference or will be possible from 01.08.2023, provided that the share capital to be contributed consists of tangible assets (vehicles, machines, etc.).
Incorporations in kind with the contribution of real estate or company shares, i.e. objects requiring notarisation, continue to be excluded from the online procedure. "These transactions are often very complex and involve a large number of documents and therefore continue to require the presence of the founders as part of the notarial consultation and certification," says Sarah Scherwitzki.