Domestic business address of a GmbH or UG accepted by court even without access to business premises

For freelancers and digital nomads or "knowledge workers", the establishment of a German GmbH, UG or comparable German legal entity was a frequent problem due to the lack of a domestic business address leading to actual business premises. The maintenance of de facto mostly empty business premises or virtual office services therefore imposed an unnecessary (financial) expense on digital nomads who frequently change their places of residence and work.

New forms of work - old law?

Especially in light of the Corona pandemic and new forms of remote working, also for employees, BIEBINGER - Wirtschaftskanzlei was repeatedly approached by clients who wanted to work from every corner of the world but did not want to dispense of the trustworthiness associated with a German legal form. In a test case before a higher regional court, BIEBINGER - Wirtschaftskanzlei has now won a landmark ruling that gives entrepreneurs significantly more freedom: The use of a digital domestic business address was rightly assessed as sufficient for the registration of a company.

Digital domestic business address for independent work

In the test case, the client of BIEBINGER - Wirtschaftskanzlei pursued a purely digital business model via smartphone and laptop. She had no physical means of production and accordingly did not need any business premises. The client therefore did not have any business premises in Germany and did not want to award a lease or service contract to a person with business premises, only to have a domestic business address available for registration in the commercial register. Employing a private residential address as the domestic business address was a fortiori out of the question, since private and business matters were to remain strictly separate.

She therefore wanted to use the digital mailbox service provided by Dropscan GmbH (www.dropscan.de). Thereby, the entire incoming mail is scanned in compliance with data protection regulations and made available to the client via e-mail, cloud systems or other similar integration systems. This enables the client to work independently of location, both at home and abroad, while ensuring reliable accessibility for all types of conventional paper mail. BIEBINGER - Wirtschaftskanzlei has now had the permissibility of such an approach determined by the courts.

For more information on the model lawsuit, please visit the BIEBINGER - Wirtschaftskanzlei blog at https://www.biebinger.de/aktuelles/gmbh-registration-with-digital-domestic-business-address-pursuant-to-%c2%a7-8-para-4-no-1-gmbhg-possible-even-without-access-to-domestic-business-premises-1129.

BIEBINGER - Wirtschaftskanzlei works 100% digitally itself and offers you the services for the registration of your company at a fixed price. For more information, please visit our homepage at https://www.biebinger.de/aktuelles/product-boundless360-the-digital-domestic-business-address-in-the-commercial-register-1136