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Glossary · Legal forms

Sole proprietorship (Einzelunternehmen)

Also: Einzelunternehmen, Einzelunternehmer, sole trader

In short

A sole proprietorship is run by a single natural person, without minimum capital, without a partnership agreement and without a notary. The owner is liable for all debts with their entire private assets.

Sole proprietorship (Einzelunternehmen) explained

The sole proprietorship is the easiest form to set up: register the trade, send the tax registration questionnaire to the tax office, done. Liberal professions only register with the tax office. For activities not requiring a permit, you are usually ready to start after 1 to 3 days. Without a commercial register entry, you trade under your first and last name, supplemented by a business designation. If the business requires a commercial operation, you become a registered merchant. You usually determine profit by cash-basis accounting, and it is taxed at your personal income tax rate. If you are wary of the liability risk, compare it with the UG.

Legal basisSec. 1, 2 HGB; Sec. 14 GewO

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Related terms

Liberal professions (Freiberufler)Members of the liberal professions independently practise a liberal profession, for example as a doctor, lawyer, engineer or journalist, or in a scientific, artistic or teaching capacity. They do not register a trade and do not pay trade tax, as long as they do not work through a GmbH or UG.Registered merchant (eingetragener Kaufmann, e.K.)A registered merchant is a sole proprietor whose business name is entered in division A of the commercial register and who uses a suffix such as "e.K.", "e.Kfm." or "e.Kfr.". Like every sole proprietor, they are liable without limit with their private assets.UG (haftungsbeschränkt)The UG (haftungsbeschränkt) is not a separate legal form, but a GmbH with less than €25,000 share capital, mathematically from €1, which must be paid in full in cash before the application. In return, it must put a quarter of its annual net profit into a reserve every year.Commercial register (Handelsregister)The commercial register is a public, electronically kept register of merchants and commercial companies, maintained by the register courts. Division A (HRA) lists, for example, sole traders, OHGs and KGs; division B (HRB) lists, for example, GmbHs, UGs and AGs.Asset management GmbH (vermögensverwaltende GmbH)An asset management GmbH manages its own assets, such as real estate, securities or shareholdings, instead of running an operating business. It is often used as a holding company or to invest accumulated profits.Corporation (Kapitalgesellschaft)In a corporation, the capital contributed is what matters, not the person of the shareholders; examples are the GmbH, UG and AG. It is a legal entity and in principle is only liable with the company's assets.

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