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All Posts By

Bernhard Schmeilzl

Business in GermanyGerman Corporate LawGerman Law

Buying a German Company

M&A Transactions Germany If you consider buying or merging with a German company or stock corporation (see checklist here), we can either structure and manage the entire acquisition process for you or merely assist with specific tasks like due diligence (e.g. financial, legal, business, IT) or contract negotiation. Our team of lawyers, financial and business experts has extensive experience with international M&A projects in various industry sectors. We will always keep matters as simple and…
Bernhard Schmeilzl
August 3, 2016
Business in GermanyBusiness Tax & Fiscal ObligationsFamily LawGerman Corporate LawGerman Labor LawGerman LawGerman Probate

English Desk at German Law Firm Graf Partners LLP

The Munich and Regensburg based German law firm Graf & Partners LLP, established in 2003, specialises in providing professional legal services to English speaking clients, both business and private. Our British-German specialist teams of lawyers and linguists advise on all legal and tax issues connected to Germany and European Union law, from business, corporate and labour to international probate, family law and property. The English Desk in our Munich office is headed by dual qualified…
Bernhard Schmeilzl
August 3, 2016
German ProbateGerman Succession & Inheritance Law

Is an English Last Will & Testament valid in Germany?

Even after Brexit? In most cases, the answer is simply: yes! Any Last Will which is set up in accordance with the formal requirements of English or Scottish law is, in principle, recognised as a valid Will by German Probate Courts. Within the European Union, this is nowadays exlicitly stated in Article 27 of the EU Succession Regulation, which, however, the UK has opted out of (even before Brexit): Article 27: Formal validity of dispositions…
Bernhard Schmeilzl
July 28, 2016
German LawGerman ProbateGerman Succession & Inheritance Law

The Infamous “Community of Heirs” in German Inheritance Law – And How to Avoid it

A German testator can have more than one beneficiaries, but should never appoint more than one "heirs" German Succession Law does not know the concept of a "Personal Representative". Instead, German inheritance law applies the principle of direct accession (more on this here). That is all very nice and efficient if there is only a sole heir. Or if, in case there are several heirs, they are reasonable and on good speaking terms. If, however,…
Bernhard Schmeilzl
July 27, 2016
Business in GermanyGerman Corporate Law

Crash Course on Duties and Liability of a German Company Director (vs the Director of a UK Limited)

German-British Corporate Lawyers of Graf & Partners (Munich) coach newly appointed directors, CEOs and managers of German and English companies and corporations German Corporation Law and Limited Liability companies hold a number of surprising differences compared to UK or US company law. Have you, for example, ever heard of the German principle of "Kapitalerhaltungsgrundsatz" (i.e. the manager's duty to maintain the minimum share capital)? Well, if you intend to act as the director of a German…
Bernhard Schmeilzl
July 26, 2016
Civil actionGerman LawGerman Tort LawGoing to courtLitigation in Germany

No Win No Fee Agreements are Void in Germany

Contingency fee agreements with litigation lawyers are illegal in Germany No win no fee agreements (contingency fees) between a client and lawyer are prohibited under German law. This has always been the tradition of German law (more here). The reasoning behind this rule is that German lawyers shall not undercut each other, because this would lead to poorly financed law offices providing very poor services to their clients. Also, German lawyers shall not be under the…
Bernhard Schmeilzl
July 26, 2016
German LawGerman Sports LawyersGerman Tort LawLitigation in GermanySports Law Experts Germany

You Keep Your Eyes On The Ball…

... while we'll keep ours on the law for you The German-British sport law experts of Graf & Partners specialise in drafting and negotiating sports related agreements, sponsoring and endorsement deals, sports related litigation and sports event agreements. We consult sports federations, professional sports clubs, major event sponsors and individual professional athletes from many different sports, including football (soccer), ice hockey, golf, baseball, motor sports and winter sports. Since, nowadays, sports law is essentially business…
Bernhard Schmeilzl
July 22, 2016
Business Tax & Fiscal ObligationsGerman Succession & Inheritance LawGerman Tax Law

International Probate: Assets in Germany will be found (and taxed) by German Tax Office

Nowhere to hide from the German Finanzamt If the deceased held funds or owned property in Germany, the German Tax Office (Finanzamt) will find out about it and will - most likely - levy German inheritance tax, even if the deceased was not a German national and even if the deceased was not resident in Germany. We have explained the workings of the German Inheritance and Gift Tax Code (Erbschafts- und Schenkungssteuergesetz) here. Executors are…
Bernhard Schmeilzl
July 6, 2016
Business in Germany

Brexit as a Business Opportunity for British SME’s

British SME's can avoid losing EU customers and business partners by creating a EU subsidiary. And they can get ahead of their British Competitors while doing it. Brexit leaves many British businesses confused and scared about how and in which legal framework they will be able to continue to operate their business within the EU. Many of those businesses will merely wait and see what happens for many months or even years. However, waiting can be…
Bernhard Schmeilzl
June 28, 2016
Property in Germany

Buying German Property as Brexit Counter-Strategy

If you consider to invest some of your money outside the UK due to Brexit and the financial uncertainties caused by it, purchasing property in Germany may be a smart approach. Property value has been rising steadily, in some German cities (like Munich, Frankfurt, Hamburg, Stuttgart) very significantly. The German economy is strong and finding solvent and reliable tenants is hardly ever a problem for landlords. If you consider purchasing a flat or a house…
Bernhard Schmeilzl
June 28, 2016