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All Posts By

Bernhard Schmeilzl

German Law

German Lawyers in Scotland

German-Scots Legal Advice Since 2003, the German law firm Graf & Partners specialises in British-German legal matters including international probate and confirmation, corporate and business, recovery and litigation as well as family law. In Scotland we have well established ties with local solicitor firms in Edinburgh, Glasgow and Aberdeen. Graf & Partners solicitor Elissa Jelowicki has studied at Edinburgh University and is the first point of contact for Scottish-German legal matters. Our team of German,…
Bernhard Schmeilzl
September 26, 2014
Conveyancing GermanyGerman Law

Searching for Property Information in the German Land Registry

How to find out who owns a specific plot of land in Germany Every week we get a number of enquiries regarding German property and how to obtain Land Registry information. Mostly from creditors who "have heard" that their debtor owns property in Germany. Or from a spouse entangled in divorce proceedings who fears that the other spouse is hiding property located somewhere in Germany. Or, of course, enquiries in connection with international succession and…
Bernhard Schmeilzl
September 25, 2014
Business in GermanyGerman Corporate LawGerman LawStarting Business

How to read a German Commercial Register Extract

German Company Register provides reliable, up to date information on all German businesses But it is a difficult read, even for native speakers. Every German company, partnership and association must be officially registered in the Handelsregister (Commercial Register). In contrast to England, where this information is collected centrally by Companies House, Germany uses a decentralised system. The "original" records of a company are kept at the respective local District Court (Amtsgericht) where the company has…
Bernhard Schmeilzl
September 25, 2014
German LawGerman ProbateGerman Succession & Inheritance LawGerman Tax Law

Not only German Grant of Probate …

... is necessary for a foreign beneficiary to be able access the German estate. In addition to a Certificate of Inheritance (details here) the banks, insurance companies or other third parties that hold assets of the deceased will demand to see a Certificate of Non-Objection or Tax Clearance Certificate (in German called "Unbedenklichkeitsbescheinigung") issued by the German Tax authorities (Finanzamt). The reason for this is that according to Section 20 para. 6 German Inheritance Tax…
Bernhard Schmeilzl
September 23, 2014
Business in GermanyGerman Corporate Law

English Solicitor joins Graf & Partners legal team

German clients and UK expats who would like to see an English solicitor for legal advice no longer need to travel to London or content themselves with mere phone conversations. From now on, clients can meet personally with English solicitor Elissa Jelowicki, who has joined Graf & Partners, a Munich based German law firm specialising in British-German legal matters. Elissa has both British and Canadian nationality, studied in Scotland (Edinburgh University) and London (BBP Law…
Bernhard Schmeilzl
September 18, 2014
Criminal LawGerman LawProfessional Regulations

Real German Lawyer or Fraudster?

Sadly, internet fraud and email scams are rather common nowadays (for "popular" schemes se here). In some cases one of the fraudsters claims to be a German Rechtsanwalt, i.e. a German lawyer. In case you have doubts whether this German solicitor really exists and what his registered professional office address and phone numbers are, there is a very simple and quick way to verify: Simply visit the official website of the German Federal Bar Association…
Bernhard Schmeilzl
September 12, 2014
Business in GermanyGerman Labor LawStarting or Expanding Business

Statutory Minimum Vacation Days for Employees in Germany

German Employee Vacation Rights are rather sacred Becoming an employer in Germany can be a bit of a culture shock for foreign entrepreneurs, especially those coming from a more hire and fire oriented US jurisdiction. German labour law is highly regulated. We explained the rules regarding employee protection against dismissal here and described the risky issue of “Fictitious Self-Employment” here. Another fact, that many American or Asian employers can’t get their head around is the…
Bernhard Schmeilzl
August 1, 2014
Business in GermanyGerman Labor LawGerman Tax LawStarting Business

Beware of the horrid Monster of German Labour Law: Ficticious Self-Employment

The biggest fear of any German HR department: Having covert salary employees among their workforce German labour law is strictly regulated and employees are well protected against dismissal if the employer’s workforce exceeeds 10 full time employees (details here). Furthermore, German wage tax (Lohnsteuer), health insurance, social security and state pension contributions are rather hefty (for more see here: Statutory Pension Insurance in Germany). Therefore, to try to avoid these labour costs, some employers but…
Bernhard Schmeilzl
July 24, 2014
Business in GermanyBusiness Tax & Fiscal ObligationsGerman Corporate LawGerman Labor LawGerman Tax LawStarting BusinessStarting or Expanding Business

London Chamber of Commerce: 10 practical tips for doing business in Germany

In this issue of „London Business Matters“, the London Chamber of Commerce's monthly magazine, German corporate and business lawyer Bernhard Schmeilzl has compiled "10 Top Tips when starting a Business in Germany". The magazine also contains helpful information about the trading relations between the UK and Germany. Just browse the online issue. For more details on how to establish a business in Germany please see the articles below 3 Ways to expand your Business to…
Bernhard Schmeilzl
July 23, 2014
German ProbateGerman Succession & Inheritance Law

How to renounce (disclaim) Inheritance in Germany

Doing nothing can make you liable for your dead German relative's debts In most cases it is considered rather good news to inherit an estate. However, if the deceased was heavily indebted it may be a different story. This is especially dangerous in Germany due to the principle of universal succession, according to which the heir receives the estate automatically (details here). What needs to be done to renounce a German inheritance? The heir must…
Bernhard Schmeilzl
July 22, 2014