Formation · UG

UG (haftungsbeschränkt).
From €1. Same liability shield as a GmbH.

The Mini-GmbH is a sub-form of GmbH under § 5a GmbHG. Lower capital entry, 25% profit retention, conversion to full GmbH built into the statute.

Owner
Jonas Krüger
Jonas Krüger
Managing Partner, Berlin
Humboldt-Universität zu Berlin
€1
Minimum Stammkapital
100%
Paid-in at registration
25%
Profit retention duty
2–4 wks
Formation to HRB

The Unternehmergesellschaft (haftungsbeschränkt), legal shorthand "UG (haftungsbeschränkt)" or colloquially Mini-GmbH, lives inside § 5a GmbHG. Same liability shield as a GmbH (§ 13 (2) GmbHG), same governance, same tax treatment. The difference is upfront capital (from €1 vs €25,000) and a 25% statutory profit-retention rule that ends when your combined capital plus reserves reaches €25,000.

The capital rule

§ 5a (1) GmbHG allows any amount from €1. § 5a (2) GmbHG requires full cash payment at registration; in-kind contributions are not permitted. Shares must be divisible by €1 (§ 5 (2) GmbHG).

The 25% profit-retention rule

§ 5a (3) GmbHG requires 25% of annual profit to be allocated to a statutory reserve. The reserve can only be used to (a) increase capital to GmbH level, (b) cover losses, (c) cover carry-forward losses. It cannot be distributed to shareholders.

The rule ends the moment statutory reserve plus existing capital reaches €25,000. From that point, the UG can convert to a full GmbH (§ 5a (5) GmbHG) by shareholder resolution, amended Satzung, and Handelsregister filing. Same HRB number, same tax number, same bank account.

Musterprotokoll path

If you have at most 3 shareholders, one managing director, and cash contribution, you can use the Musterprotokoll under § 2 (1a) GmbHG. Notary fee scales with Geschäftswert: for a €1,000 UG, that is typically €100 to €200. Beyond three shareholders or non-standard governance, you need a custom Satzung.

When a UG fits

Solo founder, pre-revenue bootstrap, freelancer stepping up to a corporate shield, profit reinvestment anyway. When you need VC funding, large-counterparty procurement approval, bank credit lines or a regulatory licence, go straight to a GmbH. Banks in particular apply a discount to UG balance sheets when scoring credit.

Tax is identical to GmbH

Körperschaftsteuer 15% + Solz 5.5% on KSt = 15.825%. Gewerbesteuer at the municipal Hebesatz (14.35 to 17.15% in our 4 cities). Combined 28 to 33%. See the full corporate tax stack.

UG formation, step by step

01
Kickoff
KYC, shareholder IDs, choose Musterprotokoll or custom Satzung.
02
Notarial deed
Beurkundung with full cash paid in.
03
HR filing
Notary files application to Amtsgericht.
04
HRB entry
Typically 1 to 3 weeks for UG files.
05
Tax + UBO
Finanzamt registration and Transparenzregister UBO.

Frequently asked questions

What is the minimum capital to form a German UG in 2026?

€1 under § 5a GmbHG. It must be paid in full, in cash, before registration; in-kind contributions are not allowed.

Must I pay in the capital before registration?

Yes. UG differs from GmbH here: 100% paid-in required at registration (GmbH requires only 50% minimum).

What is the 25% profit-retention rule?

§ 5a (3) GmbHG requires 25% of annual profit to the statutory reserve until reserve + capital hits €25,000. The reserve cannot be distributed.

When can my UG convert to a full GmbH?

When reserve + capital ≥ €25,000, under § 5a (5) GmbHG. Shareholder resolution, amended Satzung, Handelsregister filing; HRB number, tax number and bank account stay the same.

Does a UG really have the same liability shield as a GmbH?

Yes. Same § 13 (2) GmbHG shield, same personal liability only for director breaches under § 43 GmbHG.

Do German banks treat a UG differently from a GmbH?

Yes. Banks discount UG balance sheets for credit, some decline credit lines entirely, and procurement teams at larger counterparties often require GmbH minimum.

Can a UG be used as a Holding company?

Technically yes; § 8b KStG applies to any Körperschaft. But a UG-Holding signals thin capital to banks and tax auditors. Use a GmbH as Holding.

Musterprotokoll or individual Satzung, which should I pick?

Musterprotokoll if ≤3 shareholders, 1 director, cash-only contribution. Custom Satzung if you need vesting, drag-along, share classes, or beyond 3 shareholders.

How long does UG formation take end-to-end?

2 to 4 weeks typical. Musterprotokoll path is on the fast end.

How much does UG formation cost?

Pass-throughs: €300 to €900 (notary + HR + IHK). Our legal scope: €900 to €1,500 typical.

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