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Gesellschaftsrecht

GmbH or UG: the decision rarely hinges on share capital

25,000 euros against one euro sounds clear-cut. In practice other factors decide.

10 min read

A UG needs one euro of share capital, a GmbH 25,000 euros, half of which must be paid in immediately. Looking only at that figure often means picking the legal form that costs more later.

What a UG actually costs

A UG must put a quarter of its annual profit into a statutory reserve until 25,000 euros are reached. That money is tied up, cannot be distributed, and converting into a GmbH costs notary and commercial register fees again. Anyone who expects to be profitable pays the amount anyway -- just spread out and with a surcharge.

What we base the recommendation on

  • How quickly and how high profits are expected.
  • Whether banks, landlords or large clients are involved, for whom share capital is a signal.
  • Whether several shareholders are involved and how flexible their stakes need to stay.
  • Whether taking on investors later is realistic.

For a side business with manageable risk, the UG is often right. As soon as external partners have a say, the low capital regularly becomes a topic of conversation.

We go through these points in one meeting and draft the articles so that they still hold when the shareholdings change.