Table of Contents
What types of start-ups are there?
The formation can be a start-up, in which a completely new company is established, or a reorganization, in which an already existing company changes its legal form. A distinction must be made according to the assets brought in:
The cash formation, in which the equity is raised in the form of money. Since its nominal value is fixed, there is no need to evaluate the funds raised. The cash formation is the most common type of formation. A sham cash formation occurs when the company buys material goods from the founders for the money they have paid in. From a legal point of view, such processes are treated as incorporations in kind.
Establishment in kind
The establishment in kind, in which the equity is raised in the form of assets, e.g. B. land, machines, securities. The value of these assets as such is often not clearly established, e.g. B. the value of a truck brought in. It is to be determined by evaluation. In order to avoid overvaluation of assets, z. B. in the case of the AG, a foundation audit by independent auditors is required.
The mixed formation, in which both money and assets are raised as equity, e.g. B. Cash and Patents and Assets.
In the case of a post-foundation, contractual agreements are concluded within the first two years after the company has been entered in the commercial register, according to which it should acquire assets for a fee in excess of one tenth of the share capital. For such contracts to be effective, it is necessary that the general meeting has approved it with a three-quarters majority - after an examination by the supervisory board and the founding auditors - and that they have been entered in the commercial register (Section 52 AktG).