Germany – Due Diligence

The guidelines from the Financial Services Commission, which is the regulatory body of our industry require us know our clients. We are required to obtain information on the directors, shareholders and any beneficial owners.

Documents we require:

Due Diligence Questions – to incorporate a company

• Your full name, address, date of birth and occupation
• Certified passport copy
• Proof of residence – utility bill or bank statement less than three months old

For companies that are shareholders:

• Certificate of Incorporation copy
• Description of the proposed business activities
• Scanned copy of the passport of the directors
• Scanned copy of the passport of the shareholders

Part 1 – Personal ID Requirements

Each client must supply one item from part 1 and an item from list 2.

Name Evidence

Part 2 – Address Evidence

Information needed for the incorporation of the GmbH (questions 1 and 2 only apply in case of company incorporators):

1) Copy of the certificate of incorporation of the incorporating company (notarised)

2) Extract from the Trade Register of the incorporating company(notarised)

3) A document which proves that the person who will sign the incorporation documents, is solely and independently authorized to represent the company (duly legalised with an apostille)*

4) Clear passport copy, duly legalised with an apostille*

* Legalization with apostille only applicable when incorporator/shareholder/director does not come to our office in person

5) Completed forms for the German Ministry of Justice (prepared by us); for these forms we need the following information from all persons who will participate in one of the two companies as policymaker / director / shareholder:

• Passport number
• Full name and surname
• Current private address
• Birth date / place / country
• Your profession during the last year and the address of your employer
• Do you have or did you have ownership of a German private company
• Do you have or did you have ownership of a company with activities in Germany
• Are you or have you been a director of a company in Germany
• Have you ever been involved in any bankruptcy
• Marital status

If you are married or living together, we need the following information about your spouse:

• (maiden) name
• Full surname
• Birth date / place / country
• Current private address
• The profession that your spouse had during the last year, including branch and address of your employer (if applicable)

Moreover, we would like to receive the name and a description of the purposes of the new GmbH company.

Business ID Requirements

In addition to the above personal identity evidence you will also need to supply relevant business evidence from the following list.

Limited Company:

Trading address details, either a

• recent utility bill, or
• statement in the name of the business for the business premises.

For those clients unable to send the originals, copies of these documents certified by a professional person will be accepted.

Professionals permitted to certify documents:

• UK Lawyer
• Banker
• Authorised Financial Intermediary
• Accountant
• Teacher
• Doctor
• Minister of Religion
• Embassy, consulate or high commission