A founder can use both types of companies - the LLC and the Corporation - to act exclusively abroad. This is based on bilateral trade agreements between the U.S. and some foreign countries. In order to ultimately ensure that the founder of a U.S. Corporation or a LLC would be able to be fully operational in Germany, a so-called Apostille is required.
With an Apostille the authenticity of the company’s incorporating or charter document is acknowledged. The basis for the Apostille, authentication as an accepted form of proof, is accreditation by the so-called Hague Convention. In long form, it is called the "Convention Abolishing the Legalization of Foreign Public Documents".
With the Apostille, the company’s business activities abroad are actually not obstructed. This means as the owner of a Corporation they may, including abroad, purchase parts of other companies or establish subsidiaries. The U.S. company may be registered in the Foreign Commercial Register without any proven capital. What must be considered - depending on the planned business activities of the company - is whether there are any special permits and entry requirements required abroad for their craft or trade business, or restaurant.
Important with a LLC is the tax classification it is given by the financial authorities. German tax authorities may make the classification of a principal corporation or a partnership - each of which affects the amount of tax paid in Germany. The basis for the classification are the principles of the German Federal Fiscal Court and, in its determination, the Court performs a two-stage type of comparison. In many cases the classification of the LLC as a partnership in Germany is the most advantageous. In the LLC's Shareholders Agreement the company’s owners can stipulate the company’s desired tax classification in Germany and, in most cases, this can influence whether a LLC pays corporate income tax in Germany as well as the appropriate tax on its business revenues.
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