How can I carry out a capital increase in my GmbH?
January 16, 2023 | 40,00 EUR | answered by Christian Ahlert
Dear Sir or Madam,
I am currently facing the challenge of carrying out a capital increase in my GmbH and urgently need your help. The background is that my company has grown significantly in recent years and now a capital increase is necessary in order to continue to operate successfully in the market.
The current state of my GmbH is as follows: The share capital is currently 25,000 euros and an additional 50,000 euros are to be brought in to implement the planned expansion plans. I am unsure about the specific steps I need to take in order to properly carry out the capital increase.
My concerns mainly lie in the fact that I do not know the legal regulations sufficiently and could make mistakes in implementing the capital increase. Therefore, I urgently need your professional support to ensure that all legal aspects are correctly taken into account.
My specific question therefore is: How can I carry out a capital increase in my GmbH and what steps are necessary for this? I want to ensure that the capital increase proceeds properly and all legal requirements are met. I would greatly appreciate concrete recommendations and tips for implementation.
Thank you in advance for your support and expertise.
Yours sincerely,
Leon Lang
Dear Mr. Lang,
Thank you for your inquiry regarding the capital increase in your GmbH. I understand that it is important for you to carry out all steps properly in order to avoid legal errors and successfully implement your expansion plans.
A capital increase in a GmbH is a complex process that is subject to certain legal regulations. Firstly, it is important to know that a capital increase can only be done through a resolution of the shareholders' meeting. This resolution must be passed with a majority of at least 75%, unless the articles of association provide for a different provision.
In your case, where the share capital of your GmbH is 25,000 euros and is to be increased by 50,000 euros, you must bring about a corresponding resolution of the shareholders' meeting. Additionally, you must amend the articles of association to document the capital increase.
After the resolution has been passed, you must register the capital increase with the commercial register. For this, you will need a notarized resolution as well as an updated list of shareholders. The registration of the capital increase is done in the commercial register, so that the GmbH then has the increased share capital.
It is important that you carry out all steps carefully and conscientiously to avoid legal consequences. Therefore, I recommend consulting an experienced corporate lawyer who can assist you in carrying out the capital increase. A lawyer can not only help you in preparing the necessary documents, but also ensure that all legal regulations are complied with.
I hope this information is helpful to you and I am available for any further questions you may have. Good luck with the capital increase of your GmbH.
Best regards,
Christian Ahlert
