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All Posts By

Bernhard Schmeilzl

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
German Probate

How to Renounce the Role as Executor in Germany

If someone who owns assets in Germany dies, these foreign assets will only be released if a German (!) Grant of Probate can be presented. Since the UK has opted out of the EU Succession Regulation, an English Grant of Probate (or Scottish Confirmation) is worthless abroad, just as British financial institutions do not accept non-UK Grants. Thus, in principle, a national Grant of Probate must be obtained in each and every jurisdiction, where the…
Bernhard Schmeilzl
June 23, 2016
Business in Germany

Corresponding with Germans: How not to come across as being rude

Proper Email Etiquette when corresponding with Business Partners in Germany, Austria or Switzerland Our law firm specialises in British-German legal issues, so most of our email correspondence takes place in English. In many cases, we represent German business clients for whom we liaise with UK business partners, barristers, solicitors, tax advisors, or other consultants. Rule 1: Do not address people by their first name right away German clients, especially if they do not have any…
Bernhard Schmeilzl
June 23, 2016
Civil actionGerman Corporate LawGerman Labor LawGerman LawGerman ProbateGerman Succession & Inheritance LawGerman Tax LawGerman Tort LawLitigation in Germany

Expert Reports on German Law

As a full service German and English law firm, established in 2003, and the editors of the expert blog on German civil procedure rules we are often asked to provide English Law Firms with an expert report based on issues of German Law. Bernhard Schmeilzl, a bilingual Lawyer who qualified in 2001 (admitted to the Munich Bar) and is able to provide expert reports to be used in English litigation and arbitration cases based on…
Bernhard Schmeilzl
June 2, 2016
German ProbateGerman Succession & Inheritance LawGerman Tax Law

Careful with Deed of Variation if Estate comprises Foreign Assets

Using a Deed of Variation in the UK may cause additional Taxes Abroad Let's take an easy example: An English testator owns property or a significant investment in Germany, which already triggers German inheritance tax, even if neither the legator nor the beneficiaries are resident in Germany. He has two children and gives the German house (or flat) to child 1, the German investment to child 2. For whatever reasons, the children prefer a different…
Bernhard Schmeilzl
June 1, 2016