Amongst the numerous
legal entities foreign investors can choose from when
opening a company in Germany, the local legislation also stipulates the
special purpose vehicle (SPV), which is incorporated following the regulations of the
German law. However, this
type of company, usually registered as a separate legal entity of a
foreign company, must also respect different
incorporation rules outside the requirements of the
commercial legislation.
German SPVs are registered for
securitization purposes and, starting with 2005, this legal entity can be incorporated following the
True Sale Initiative (TSI) platform, available for various types of institutions in the field of
securitization. Investors who want to
register a SPV here may request for more details from
our specialists in company formation in Germany.
Incorporating a SPV company in Germany
Those who want to
open a company in Germany as a
SPV should know that this
vehicle is usually registered as a
limited liability company due to the advantages offered to the
shareholders, but the company can also be registered under other types of
business forms, such as
limited partnerships or corporations. To
register a German SPV company, the businessmen are required to establish a trading name at the
Chamber of Industry and Commerce. Also, the shareholders must draw the
articles of association, which are signed in front of a
public notary in Germany.
A
SPV registered here has to sign an agreement with the
True Sale Initiative platform. The
TSI Services will offer a project schedule to the investors.
Our company formation representatives in Germany can assist in this procedure and it is necessary to know that, according to the local law,
two managing directors of the SPV have to be two
employees of the TSI Services, which can provide many advantages to the
company.
Taxation of German SPV company
The
company registration in Germany procedure is completed after the
SPV is registered with the
Trade Register. A
company operating as a
SPV may benefit from various tax exemptions. For example, the
withholding tax on receivables in not applicable here. A
SPV is also liable to
Value Added Tax (VAT), which is imposed in
Germany at the rate of 19%. However, the sale of receivables is exempted of this tax.