Open a SPV Company in Germany
Open a SPV Company in GermanyUpdated on Monday 22nd April 2019
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A SPV company refers to a special purpose vehicle, which is incorporated for securitisation transactions. At the moment, a German SPV can address to all participants on the local market. The special purpose vehicle can be set up in Germany under the True Sale Initiative platform, incorporated in 2005. The main characteristic of a SPV is that it represents a subsidiary of a local or foreign company which can carry on with its activities even in the situation in which its parent company becomes bankrupt and our lawyers in Germany can provide more details on the legislation regulating the incorporation and activity of a German SPV.
Legal entities of a German SPV
Those who want to establish a special purpose vehicle in Germany can register the company under one of the legal entities available here. The SPV can take the form of a limited partnership, limited liability company or corporation, but it is important to know that most of the German SPVs are registered as a limited liability company, which represents the most common type of business registered in Germany due to the advantages provided to the shareholders, on which our German law firm can offer an in-depth presentation.
Register a SPV in Germany
The SPV has a different registration procedure compared to the general incorporation measures applicable to commercial companies and in this case, it is advisable to receive legal advice from a German lawyer, as there are specific requirements to complete.
The procedure starts by signing an agency agreement, which is used to offer a schedule for the respective investment project. Further on, the investors should draft the articles of associations and to choose a trading name for the company. The procedures can be completed at the Chamber of Industry and Commerce.
The statutory documents of the SPV will have to be notarized at a public notary in Germany. Further on, the investors will have to appoint two directors and to register the company with the local Trade Register, which is the last step in legally recognizing the incorporation of a SPV.
Businessmen who need further information referring to the registration of a SPV in Germany are invited to contact our German law firm for legal representation.