Starting a business as a foreigner

How to start a business in Germany as a foreigner.

Puzzle pieces represent the components of a company.

About this Page

what a founder visa is
How foreigners can start a business in Germany
which steps are necessary for starting a business
What foreigners should consider when starting a business

Step 1 : Choose your company form

Step 2 : Formal establishment

Step 3 : Company registration

Step 4 : Protect your name and trademark

5. FAQ

6. Conclusion

Step 1: Choose your company form

For foreign founders , choosing the right business structure is the first step on the path to self-employment in Germany. Various options are available, such as the sole proprietorship, the limited liability company (UG) pursuant to Section 5a of the GmbH Act (GmbH Act), or the limited liability company ( GmbH ). Each legal form entails different requirements and obligations – from the amount of share capital to the extent of liability. Founders with limited start-up capital, in particular, often choose the UG, which can later be converted into a GmbH.

The decision on a company form also impacts the start-up visa . During the application process, the authorities will examine whether the chosen structure is suitable for making the project appear viable. A well-prepared partnership agreement and a coherent business plan are therefore crucial. This allows founders to not only meet the formal requirements but also build trust with the relevant authorities.

Step 2: Formal establishment

Once the legal form has been chosen, the formal incorporation process follows. This includes the preparation of founding documents, notarization —particularly for GmbHs and UGs—and the payment of share capital into a business account. Only after these steps is registration in the commercial register possible, which gives the company legal existence. This process is clearly regulated by law and requires careful preparation.

For founders from non-EU countries, a start-up visa is also required under Section 21 of the Residence Act . This visa is only granted if the business model is viable, there is a commercial interest, and the potential for job creation is high. A strong business plan and professional support from experts like VISAGUARD significantly increase the chances of success. This ensures that the start-up is not only legally compliant but also secures visa requirements.

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Step 3: Company registration

After establishment, the company must be officially registered with the trade registration office (see, for example, Registering a Business in Berlin ). This involves recording information about the business purpose, registered office, and shareholders. The trade registration office then automatically notifies the tax office, which assigns a tax number . This also determines whether the small business regulation applies or whether VAT is payable. Entries in the Transparency Register are also required.

When choosing a company name , careful consideration is essential to avoid conflicts with existing companies. Prior consultation with the Chamber of Industry and Commerce (IHK) or a trademark search with the German Patent and Trademark Office (DPO) can prevent later legal disputes. With VISAGUARD's support, these formalities can be handled efficiently, allowing founders to get started quickly and with legal certainty.

Step 4: Protect your name and trademark

Protecting your company name and brand is a key step in securing your business idea for the long term. Even before registering a business, founders should check whether their desired name is registered in the commercial register or as a trademark . The availability of a suitable internet domain also plays an important role today. Early protection prevents others from blocking or using the name.

After registration, the trademark can be officially protected by the German Patent and Trademark Office. Those wishing to operate internationally also have the option of securing trademark rights Europe-wide through the EUIPO or globally through WIPO . This not only strengthens their brand presence but also increases their company's value. VISAGUARD supports founders in strategically protecting their name and trademark, ensuring a professional start in Germany.

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5. FAQ Starting a business as a foreigner

What is a founder visa?

A start-up visa under Section 21 of the Residence Act allows non-EU nationals to establish a business in Germany. Requirements include a viable business plan, commercial interest, and the prospect of a positive impact on the labor market.

Which legal form is best suited for foreign founders?

The choice depends on capital, liability risk, and business goals. A UG (UG = limited liability company) is possible with limited capital, while a GmbH (limited liability company) offers greater prestige and protection. Sole proprietorships are more suitable for smaller ventures without co-founders.

Do I have to speak German to start a business?

Basic knowledge is helpful, but not a prerequisite. Many government agencies and notaries also work with translators. However, language skills are advantageous for long-term business success. The same applies if you intend to reside in Germany permanently (settlement permit) or if you are seeking naturalization.

How long does the founding process take?

Depending on the legal form and visa requirements, establishing a company can take several weeks or even months. Applying for a start-up visa, in particular, takes time. Planning early will speed up the process.

6. Conclusion: Starting a business as a foreigner

Starting a business as a foreigner in Germany requires planning, legal knowledge, and patience – but the process is clearly structured and successfully implemented. With a suitable legal form, careful formal incorporation, business registration, and effective trademark protection, founders lay the foundation for a stable future. VISAGUARD supports international founders in mastering these steps safely – from visa applications and notarial support to trademark registration. This allows foreigners to realize their business idea in Germany and successfully launch their dream of owning their own company.