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Formation of an accounting firm
Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)
The profession of a certified public accountant can also be exercised in a professional company. Such a company requires state recognition as an auditing company by the Chamber of Auditors. All European companies, companies under German law or companies under the law of another EU or EEA member state are permitted as a legal form. It should be noted that the majority of the legal representatives and the shareholders must be certified accountants, auditors or auditors licensed in another EU or EEA member state. If the company meets all the requirements for recognition as an audit firm, recognition as an audit firm is not possible and an application must be made for recognition as an audit firm.
Before submitting the application for recognition as an audit firm, it is recommended that you submit the draft of the articles of association to the Chamber of Auditors for review. Thereupon, the notarial certification, if required, can be performed. Then submit the application for recognition to the Chamber of Public Accountants and enclose the necessary supporting documents. You can use the form available on the website of the Chamber of Public Accountants for the application. As soon as the Chamber of Public Accountants has established that all requirements for recognition have been met, it issues a clearance certificate. After entry in the commercial or partnership register, the Chamber of Public Accountants recognises the company as an audit firm by issuing a certificate of recognition.
Details of the recognition procedure can be found in the information leaflets which can be found on the Internet on the pages of the Chamber of Public Accountants.
Which documents are required?
You will need the following documents:
- A copy of the articles of association or partnership agreement.
- Proof that you have sufficient professional liability insurance (provisional confirmation of cover from the professional liability insurer).
- Proof of payment of the minimum capital. In the case of a cash formation, proof of the payment of the minimum capital must be provided by submitting a bank confirmation or a bank statement. If an existing company is to be recognised as an auditing company, interim financial statements must be submitted. The documents must not be older than three months.
- A declaration by each partner that he does not hold the shares in the auditing company for the account of a third party. This may be waived if the articles of association contain a prohibition to this effect.
- Employment contracts of the partners working in the firm who are neither certified accountants nor auditors (tax consultants, lawyers, tax agents, etc.) and who are not legal representatives.
Certificates from foreign professional organisations regarding the approval or recognition of EU/EEA auditors and EU/EEA audit firms.
What are the fees?
The processing time depends on the duration of the registration procedure in the commercial or partnership register. It is recommended to allow for a total of two months.
Applications / forms
Forms for downloading can be found on the website of the Chamber of Public Accountants.
Technically approved by
Federal Ministry for Economic Affairs and Energy