Finding The Perfect Company Name While Setting Up A GmbH In Germany
While forming
a GmbH in Germany it is of great importance to give it a cleverly
picked name which can give the necessary recognition and value to the company
and set it apart from the competition. But, it is also the fact that not every
name can be given to a GmbH company in Germany.
The company name is the name
under which the company will be publicly known to the world. Thus, a
well-crafted name will give a first good impression about the company to the
potential customers as well as stakeholders. The company name must be in line
with the statutory provisions of the German Civil code, German Commercial Code
and German Limited Liability Companies Act.
Here are some of the important Legal
regulations associated with the company’s name:
- Mandatory Appendix
The
legal form of the company needs to be clearly stated in the name of the
company. Thus, if you are setting
up a GmbH in Germany, adding ‘GmbH’ or ‘GesellschaftmitbeschränkterHaftung’ is mandatory. Another option is to
integrate the legal form of the company in the name of the company itself. It
is totally at the option of the founders setting up the company.
- Identification
The
name of the company should be in a position to clearly identify the company and
have a distinct character. Giving generic names or generic industry names to
the company is not considered enough to identify the company and distinguishing
it from the rest. For instance, giving your company name as payroll
Germany, serves no purpose as no one will be able to distinguish it
from the other companies dealing in the same industry. Also, homophones are not
considered admissible as company’s name.
- Misleading Information
The
company’s name should not be the carrier of any sort of misleading information.
This means the chosen company’s name should not provide any sort of misleading
information or an inaccurate impression about the company. One must thus
abstain from using certain words or group of words which are considered
misleading. Any connotation in terms of using foreign names, production
location, size of the factory or industry or holding, quality, activities etc.
should be given a miss!
- Abbreviations
Use
of letter sequences at the time of naming a GmbH should be avoided. Also the
use of name series is not considered appropriate at the time of naming a GmbH
company. For instance naming a company as ABC GmbH or AB256 GmbH is not
acceptable in the legal provisions of naming a GmbH in Germany. Since, the
special characters cannot be communicated, thus, use of special character in
the name of a GmbH is also prohibited.
Closing Thoughts
Choosing
a short, crisp and catchy name which is easy to remember is a must at the time
of choosing name for your GmbH company. It is also important to check the
availability of the name in advance to avoid the difficulties at a later stage.
It is imperative to use an original name for the company in order to stand out
of the competition. Always keep in mind that any sort of
unlawful use of the name of the company may lead to company abuse procedure.
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