Sacheinlage

Sacheinlage refers to the contribution of an asset instead of cash into the share capital of a GmbH or the capital stock of a corporation. Typical non-cash contributions include cars, machinery, real estate, patents, or receivables. For founders, choosing a Sacheinlage offers tax and liquidity advantages, but corporate law imposes strict requirements: For a GmbH, the non-cash contribution must be fully made before registration; for an AG, a detailed formation report and an audit report by an external formation auditor are additionally required. A central compliance point is the asset's value: Shareholders are personally liable if the contributed asset is overvalued. Overvaluation can trigger additional contribution obligations or claims for damages. In the commercial register application, the object of the non-cash contribution is described in detail, e.g., '€10,000 of share capital through the contribution of a car.' Since the commercial register does not separately list this information, careful documentation is essential. Those wishing to establish a GmbH or AG via non-cash contribution should therefore obtain a neutral valuation, possibly by a sworn expert, to minimize liability risks and ensure swift commercial register entry.