Category

Business in Germany

Business in GermanyCivil actionDebt collectionGerman Corporate LawGerman LawGoing to courtLitigation in Germany

Pitfalls of German Law (Part 2)

Be careful when suing a German Kommanditgesellschaft (KG), an Offene Handelsgesellschaft (OHG) or a Gesellschaft bürgerlichen Rechts (GBR) The single most common mistake foreign claimants and their non-German litigation lawyers make when taking a German business to court is that they only sue the partnership itself and not the personally liable partners (persönlich haftende Gesellschafter). To avoid any misunderstanding: This post deals with German partnerships (Personengesellschaften) as debtors, not with German limited liability companies (GmbH)…
Bernhard Schmeilzl
March 15, 2017
Business in GermanyCivil actionDebt collectionGoing to courtLitigation in Germany

Dodging Debts by Moving to the UK?

Has your German debtor moved to the UK and declared himself or herself bankrupt under the UK / British insolvency rules? Since we specialise in British-German legal matters, our firm very often gets enquiries from German individuals, companies or banks regarding a situation whereby a German individual has moved to the United Kingdom and declared bankruptcy in order to avoid paying their debts and liabilities back in Germany. Even further, it is quite common that…
Bernhard Schmeilzl
March 10, 2017
Business in GermanyGerman Corporate LawGerman Labor LawGerman Law

Pitfalls of German Contract Law and German Company Regulations (Part 1)

Foreign Contract Lawyers beware of surprising German Laws and Directives! The German Civil Code (Bürgerliches Gesetzbuch, BGB, available in English), the German Commercial Code (Handelsgesetzbuch, HGB, partly available in English), the German Act on Corporations (Aktiengesetz, AktG) and the Act on Limited Liability Companies (GmbHG, available in English) are all full of surprising regulations which can essentially void any agreement or deed drafted by a naive (in the nicest sense) British or US lawyer who…
Bernhard Schmeilzl
February 20, 2017
Business in GermanyGerman LawGerman ProbateGerman Succession & Inheritance Law

German-American Law Firm based in Munich

Need a German lawyer who knows how to swing a baseball bat?  Looking for a German lawyer who is aware of the fact that "morning joe" is not a coffee brand and that "take me out to the ball game" does not refer to soccer fans? Look no further. The lawyers of the Munich based German corporate, litigation and probate law firm Graf & Partners LLP specialise in German American legal issues since 2003. Founding…
Bernhard Schmeilzl
February 16, 2017
Business in GermanyCivil actionCriminal LawGerman LawGerman Tort LawLitigation in Germany

Putting Someone on Speaker Phone without telling them?

It's not only rude, but outright criminal In their piece about Speakerphone Etiquette, The Huffington Post recommends: "Always ask the person on the other end of the line if he or she minds being put on the speakerphone. Some people find them annoying and invasive." This is excellent advice, especially if you speak to Germans on the phone. Why so? Because a German might not only be annoyed to find out that somehas has secretly…
Bernhard Schmeilzl
February 8, 2017
Business in GermanyCivil actionLitigation in Germany

Chasing Debts in Germany

Some Practical Tips from German Litigation Experts GrafLegal If you are being owed money by a German debtor and this debtor refuses to pay even after having been served a dunning letter from a German lawyer, you will have to obtain a payment order which can then be enforced by a German bailiff (Gerichtsvollzieher) or by the German Court of Execution (Vollstreckungsgericht). Such a payment order is called "Vollstreckungstitel", or just "Titel". To obtain this…
Bernhard Schmeilzl
January 3, 2017
Business in GermanyBusiness Tax & Fiscal Obligations

Company Finance and Accounting in Germany

Smaller businesses, under German tax and accounting laws, must deliver to the same professional standards as larger companies, but they are often not in a financial position to pay for an experienced in-house team of accountants, controllers and financial planners. For such companies in Germany we offer the expertise and services of a full team of English speaking experts, but on a „pay only for what you need“ basis. We provide German subsidiaries or branch…
Bernhard Schmeilzl
August 3, 2016
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
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