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Glossary · Legal forms

Stock corporation (Aktiengesellschaft, AG)

Also: AG, Aktiengesellschaft, public limited company

In short

The stock corporation (AG) is a corporation with its own legal personality whose share capital is divided into shares and amounts to at least €50,000. Only the company's assets are liable to creditors for its debts.

Stock corporation (Aktiengesellschaft, AG) explained

The AG has three bodies with fixed roles. The management board runs the company on its own responsibility (Sec. 76 (1) AktG), the supervisory board monitors the management (Sec. 111 (1) AktG), and the shareholders exercise their rights in the general meeting (Sec. 118 (1) AktG). This division of tasks makes the AG more complex than a GmbH. It is of interest above all when many investors are to be involved. For most founders, the GmbH or UG is the simpler route to limited liability. The overview on starting a business shows which legal form suits your project.

Legal basisSec. 1, 7, 76, 111, 118 AktG

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Related terms

GmbH (limited liability company)The GmbH is a corporation and legal entity formed by one or more persons with at least €25,000 share capital. As soon as it is entered in the commercial register, in principle only the company's assets are liable for its debts.Legal form (Rechtsform)The legal form is the legal framework of a business and determines liability, capital, formation effort, say in decisions and taxes. Common legal forms in Germany include the sole proprietorship, GbR, OHG, KG, GmbH, UG and AG.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.Limited liability (Haftungsbeschränkung)Limited liability means that only the company's assets are liable for the business's debts, not the shareholders' private assets. For a GmbH and UG, it only applies in full from entry in the commercial register.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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