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According to the law on stock companies, the managing board and the board of directors have to audit the course of events of the formation of a company. Furthermore, under certain legally fixed conditions-such as the composition of the same persons who founded the company in the managing board and the board of directors, or in the case of formations by non-cash capital contribution-an audit by an outside, legally-appointed formation auditor is required. Within the framework of the audit, the conditions to be accounted for are ones that are important to the current and future stockholders and creditors of the company, as well as the ones that allow the registrars to assess the registrability of the company.
It is to be assessed whether the specifications provided by the founders are correct and complete and whether the value of the contribution in kind or transfer of assets is appropriate. This is also valid for the private limited company (GmbH).
By the assessment of the appropriateness of the value of the contribution in kind, not only is legal knowledge required but also particularly profound business knowledge. We have many years of experience working for a multitude of companies in this area.
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