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Checklist for closing a company (in Germany)

A practical guide for the most challenging decision in the life of most startups

Closing your business is not the end of the world

Starting a business is a risky venture, and not every startup succeeds. There are many reasons why a startup might not work out. It could be due to a lack of funding, poor market timing, intense competition, or a flawed business model. Regardless the cause, the reality is that many startups eventually face the difficult decision of whether to continue or close.

Closing a business is never easy, but it's important to remember that it's not the end of the world. It's common for startups to fail. According to a study by Statista, the failure rate of startups in Germany in 2019 was around 11%. While this might seem high, it's essential to remember that failure is not always bad.

The most complicated problem causing startups to close is communication in one way or another. This communication can take many forms, such as poor communication between founders, ineffective communication with customers, or investor miscommunication. Communication breakdowns can lead to a lack of alignment, misunderstandings, and missed opportunities, ultimately leading to the failure of the business.

It's worth noting that many communication problems can be resolved, and there may be opportunities to leave the startup without closing. However, if the decision to close is ultimately made, it's important to remember that it doesn't mean you failed. It simply means that your company failed, and that's a common experience for entrepreneurs.

Closing your business can be a difficult decision. Still, it's important to recognize that it's not the end of your entrepreneurial journey. You may start another company or pursue a different path. Still, the experience gained from your previous venture can be invaluable. It's all part of the entrepreneurial journey; sometimes, failure can be the best teacher.

Important disclaimer for this post

Before we delve into the practical guide for closing a company in Germany, it's important to provide a disclaimer. As the author of this post, I want to clarify that I am a trained physicist and economist, not a lawyer. Therefore, the information presented in this post is not intended to be legal advice. I cannot give you legal advice. Instead, this post is a collection of practical tips for the process derived from my experience. Closing a company in Germany can be complex and involves various legal requirements. Therefore, contacting a lawyer to help you through the process is essential. A lawyer can provide legal advice tailored to your situation and ensure you comply with all legal requirements. With that said, let's dive into the practical tips for closing a company in Germany.

When should you make the tough decision

Closing a business is a difficult decision, and it's important to know when to make that decision. As you might know, you are required by law to decide on a time. This requirement means you must determine before you foresee running out of funds in the bank. However, more than that, you should be interested in deciding on time. Choosing on time will save you many headaches and is part of proper management.

To gain clarity for your situation, here are some questions to ask yourself:

Will you run out of cash before a new funding event or break even?

  • Can you make changes to reach break-even?

  • Can you raise venture capital?

  • Can you raise debt capital?

  • Can you raise grants?

  • Can you raise any of the above if you lower your terms?

  • Will the lowered terms allow you to grow in the future?

  • Do you have the resources and energy to make the required changes?

  • What is the budget to make those changes?

Iterate through these questions to find a viable model for going concerned. If you cannot find a solution and have to break down the checklist, you should consider closing your business.

Handling the decision

Once you have decided to close your company, handling the process carefully and quickly is important. You have two options for shutting down your company: liquidation (voluntarily) or bankruptcy (forced). Choosing the voluntary route is always recommended, as it provides more control over the process, protects you from legal liabilities, and is better for your emotional well-being.

When the decision is made, it's important to protect your team members from the decision until you have a plan in place. Your team members may sense something is happening, so avoiding panic and gossip is essential. You should move fast with your investors, lawyers, and management to understand the situation better and determine the next steps. This process should take a matter of days, not weeks.

Keeping your team engaged in their everyday work is important, even though the company is shutting down. This engagement may seem counterintuitive, but it helps to avoid panic and maintain a sense of normalcy in the workplace. By taking these steps, you can minimize the negative impact of the decision on your team and the overall business.

In the next chapter, we will discuss the steps you need to take to close down your company in Germany, including the legal requirements and paperwork you need to complete.

Breaking the news

Closing a company can be a difficult decision for any founder or entrepreneur. Still, it is also an opportunity to learn valuable lessons for the future. Taking the necessary steps to inform and care for your team during the process is important. After delivering the message personally to your team. Expect questions from your team, such as why now, what were the reasons, what happened to them, how do you feel as founders, do they still have to come to work, who will be leading the process, and does that mean bankruptcy.

How to deliver the message:

  • You have made this decision, and it is final

  • Take responsibility

  • The next steps

  • Make clear that you will take all day to answer all questions

  • Make clear that no work is required to get done today

  • Make clear that your primary concern is to take care of your team

After that, post a detailed comment on the next steps and what needs to be done over the next few days. Be prepared to answer the following questions by your team:

  • Why now?

  • What were the reasons?

  • What happens to them?

  • How do you feel as the founder?

  • Do they still have to come to work?

  • Who will be leading the process?

  • Does that mean bankruptcy?

Remember that going through this process can be a great learning opportunity for the future. You can use the experience to reflect on what worked and what didn't in your business and what you would do differently in the future. Don't be discouraged if you have to close your company - it's all part of the journey as an entrepreneur. Take the time to learn from the experience and use that knowledge to create something even better in the future.

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