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Essay: Essay notes: Legal forms of company – Netherlands, England and Germany

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  • Published: 4 October 2015*
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Learning Goals
1. What kind of legal forms are there in the Netherlands?
Eenmanszaak

  • A business with a sole trader has one owner. There can be employees.
  • They can be personally responsible for business losses. When the business got bankrupt, they have to paid even when they can lose their house.

Vennootschap Onder Firma, VOF

  • This sort of business is owned by two or more persons.

Commanditaire Vennootschap, CV

  • This partnership is also own by two or more persons. But it is possible that there are two sort of partners. One can be active. This person is liable for losses and assets. The limited partner is responsible for the financial part of the business, but is not considered as an employee.

Besloten Vennootschap, BV

  • A start capital of 18,000 euro is required for this kinds of partnership. The company has to be signed in by the Chamber of Commerce in the Netherlands.

Naamloze Vennootschap, NV

  • This kind of company is owned by shareholders, but the shares are not registered on a person name. The shares can be traded. The start capital has to be at least 45,000 euro.

Stichting

  • This company has no members. And making profit is not the main purpose of a foundation.

Vereniging

  • An association makes no profit and if they make profit, the money has to be used for a specific goal. The money will not be divided over the members. Mostly sportclubs are associations.

(Type of Dutch Business Structure n.d.)
2. What legal form do they have to choose?
The legal form that they have to choose is Private Limited Liability Company (Besloten Vennootschap, BV). They have enough money to begin with the company, because the startcapital is 18,000 and they can get 30,000 from Kees his mother.
3. What are the role and liabilities for each person?
Aukje, Kees and Maaike are the active persons. They are responsible for losses and assets. Kees mother is a limited partner. She gives money to the company but will not be seen as an employee and is only responsible for the financial part of the company.
4. What are the legal forms in England and Germany?
England

  • Sole Trader
  • Unincorporated Association
  • Partnership
    • Minimum two partners and there is not a start capital.
  • Limited Partnership
    • Minimum of two partners. An active and a silent partner.
  • Limited Company
  • Limited Liability Partnership
    • One or more partners and the minimum start capital is 25,000 euros.

(A Guide to Legal Form of Business, 2011).
Germany

  • OHG ‘ General Partnership
  • KG ‘ Limited Partnership
  • GmbH ‘ Limited Liability Company
  • AG ‘ Public Limited Company

(Duitsland, n.d.).
5. What are the requirements when starting up a business?

  • Sometimes start capital
  • Place for the company
  • Business plan
  • Legal form and trade name
  • Business license
  • Register Chamber of Commerce

(How to start your business, 2010).
References: 
Type of Dutch Business Structure (n.d.) Accessed on 26 November via
http://netherlands.angloinfo.com/working/starting-a-business/business-structures/
A Guide to Legal Form of Business. (November, 2011). Retrieved from
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/31676/11-1399-guide-legal-forms-for-business.pdf
Duitsland. (n.d) Retrieved from http://rabowereldwijd.nl/operating-a-business/a/7693105
How to start your business. (February, 2010). Your Legal Requirements. Accessed on 26
November via http://smallbusinessbc.ca/starting-a-business/how-start-your-business-your-legal-requirements
 

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