Establishment and corporate law for influencers: the right legal form for your creator business

When your own society is worthwhile

Most creators start as sole proprietors. This is simple and cheap, but means that you are liable with all your private assets. With increasing income, employees, own products or partners, the question of a society arises. A GmbH or UG limits liability, can bring tax advantages and facilitates the participation of investors or partners.

A clear regulation is particularly important if several people are running a project. Without a contract, a civil law company quickly emerges, which is unclear to whom channel, brand and income belong to. We ensure clear conditions right from the start.

Typical situations in which we help

• Your income is increasing and you want to optimize liability and taxes.
• You start a joint project or podcast with other creators.
• You set up a product startup with your range as the core.
• An investor or brand would like to participate in your company.
• A partner wants to get out and it is unclear who owns the channel.
• You want to bring your channel or brand to a society.

Legal basis at a glance

Legal forms at a glance

Sole proprietorships and GbR are quickly founded, but are liable without restrictions. Since January 1, 2024, a GbR can be entered in the company register after the MOPEG, which is necessary for the acquisition of real estate or investments. The UG (limited liability) can be founded with little share capital, the GmbH requires 25,000 euros in share capital, of which at least 12,500 euros must be deposited. Both limit liability to the company’s assets.

Articles of Association and Shareholder Agreement

In the articles of association, in addition to the mandatory information, the distribution of profits, voting rights, management, non-competition clauses, retirement and severance payments should be regulated. Particularly important for Creator: Who owns account, brand and content? What happens to the channel when a shareholder resigns?

Introduction of channel and brand

Social media accounts are often not freely transferable according to the platform conditions. Trademarks, domains and copyrights to content, on the other hand, can be brought into or licensed to a company. The design has tax consequences, which we check directly in the law firm.

Participations and Exit

In the case of investments of investors or brands, valuation, dilution protection, vesting and co-sale rights must be regulated. It is crucial for Creator that personal rights and control over oneself are not unintentionally sold.

That’s how we go

1. 1

   Initial assessment

   You briefly describe the facts to us and send documents such as a contract, cease-and-desist letter or screenshots. We will tell you promptly where you stand and what the next steps will cost.

2. 2

   Secure evidence and deadlines

   We document posts, stories and chat history in court and record all deadlines. Content disappears quickly, especially with social media.

3. 3

   Set strategy

   Together we decide whether negotiation, defense, cease-and-desist letter or contract drafting is the right way. It is always about your reach and your business relationships.

4. 4

   Implement and enforce

   We negotiate, formulate, answer and, if necessary, go to court, also in an urgent procedure. You will regularly be informed of what is happening.

Regarding the costs: Before every step we tell you what it costs. Depending on the case, we charge a flat-rate fee or by hourly rate according to the Lawyers’ Remuneration Act (RVG). If the opponent is obliged to reimburse, for example in the case of a justified cease-and-desist letter, we will claim these costs for you. More on this on our page Fee.

Common mistakes to avoid

• Start joint projects without a written agreement.
• Keep brand and domain private, although the company operates the business.
• Choose legal form without tax advice.
• Ignore the platform conditions for transferring accounts.