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How are Anstalt different from Gesellschaft mit beschränkter Haftung (GmbH)?

OpenAI's Answer

Anstalt and Gesellschaft mit beschränkter Haftung (GmbH) are both types of legal entities used primarily in European countries, but they have some key differences.

  1. Anstalt:

    • Jurisdiction: Anstalt is primarily used in Liechtenstein and sometimes in Switzerland. It is a unique legal form that combines features of both a corporation and a foundation.
    • Structure: An Anstalt does not have shareholders or members. Instead, it is typically owned by a founder or beneficiary, and it can be set up for commercial or non-commercial purposes.
    • Liability: The liability is generally limited to the assets of the Anstalt, similar to a corporation.
    • Flexibility: Anstalt offers significant flexibility in terms of structure and operation, making it suitable for holding assets, conducting business, or serving as a family office.
    • Privacy: Anstalt provides a high level of privacy, as the founder or beneficiaries are not publicly disclosed.
  2. Gesellschaft mit beschränkter Haftung (GmbH):

    • Jurisdiction: GmbH is a common legal form in Germany, Austria, and Switzerland, among other countries.
    • Structure: A GmbH is a limited liability company typically owned by shareholders. It requires at least one shareholder and one managing director.
    • Liability: The liability of the shareholders is limited to their investment in the company, protecting personal assets from business liabilities.
    • Purpose: GmbH is primarily used for conducting business activities and is one of the most popular forms for small and medium-sized enterprises.
    • Regulation: GmbHs are subject to more regulatory requirements compared to Anstalt, including mandatory financial reporting and public disclosure of certain company information.

In summary, while both Anstalt and GmbH provide limited liability, they differ significantly in terms of structure, purpose, and regulatory requirements. Anstalt offers more privacy and flexibility, while GmbH is more structured and commonly used for business operations.

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