Preparing the legal arrangements for business succession
Business succession may take place within a family, through a sale or by another form of transfer. The legal steps depend particularly on the legal form, the assets to be transferred, existing contracts and the planned future management. Transferring a company share is not the same as selling individual business assets.
What is being transferred?
- Which company, shares, land or other assets are involved?
- What approvals are required under the articles of association or existing contracts?
- What happens to ongoing contracts, financing arrangements and security?
- How should management, the purchase price, liability and any transition period be arranged?
Section 15 of the German Limited Liability Companies Act (GmbHG) requires notarisation for the assignment of GmbH shares and, generally, for an obligation to assign them. Further requirements may arise from the articles of association. Other transfers may also require particular formalities or approvals.
Succession and existing obligations
A succession arrangement should be coordinated with existing company-law and inheritance arrangements. Employment-law questions may also arise on a transfer of a business. Tax consequences must be clarified separately with the relevant adviser; drafting a legal contract does not replace that assessment.
Documents for an enquiry
Useful documents include the articles of association and amendments, current ownership details, existing draft transfer agreements and an overview of the contracts and assets involved. State the intended transfer date and any deadlines. The STEINWACHS office overview contains our contact details.
Statutory sources
As of 8 October 2026. General information; legal assessment depends on the individual case.