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Establish a SPV Company in Germany

Updated on Wednesday 19th October 2016

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Establish-a-SPV-Company-in-Germany.jpgAmongst 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. 
 
Investors who need further information on how to register a SPV company in Germany are invited to contact our company formation agents for legal representation.  
 

Comments

  • Irene 2016-10-19

    I would like to know what are the regulations for the minimum share capital. Is it a standard sum of money, or does it vary in accordance with the legal entity under which the SPV is registered?

    Hello Irene! Please send us an e-mail at office(at)lawyersgermany.com and we will answer you as soon as possible. Have a great day!

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