Formation documents

Whether you would like to set up in partnership or form a company, you will need the correct documents. The formation documents are the most important documents of any company or partnership. In essence, they are the company’s or partnership’s constitution. They should set out the general framework for the structure and operation of a business.

A company’s articles of association, for example, govern the relationship between shareholders and directors, set out the directors’ duties and lay down voting procedures.

Amongst other things, partnership agreements should stipulate the division of duties between the partners and the division of profits and losses.

In many cases, articles of association must be notarised.

Although not part of a company’s constitution, shareholders’ agreements are often used to supplement the company documents. Shareholders’ agreements often contain provisions concerning voting and ownership rights, certain managerial and control aspects and dispute resolution procedures.

We can assist you in drafting articles of association or partnership agreements. Our services include:

  • Drafting partnership agreements
  • Analysing existing partnership agreements
  • Drafting bespoke articles of association
  • Modifying standard articles of association
  • Analysing existing articles of association
  • Drafting shareholders’ agreements
  • Analysing existing shareholders’ agreements

For more information on starting a business in Germany, call our team of German lawyers on +49 (0) 221 / 951 563 0 or use our contact form.

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Christian Solmecke is a partner at the law firm WILDE BEUGER SOLMECKE. He is the author of numerous legal publications in the area of internet and IT law. He is also an associate lecturer for social media law at the Cologne University of Applied Sciences.

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