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German Law

Austrian Inheritance LawAustrian ProbateEuropean ProbateGerman LawGerman ProbateGerman Succession & Inheritance Law

Basics of German Inheritance Law (German Probate)

German Succession Rules and Probate Proceedings explained German inheritance law as well as German probate rules differ very much both from UK law as well as USA probate. Under German statutory law, there are many formal requirements which must be followed. A good source for initial informationis about the law of succession in Germany (or any other European country for that matter) is the official EU website "Successions in Europe". It answers a few basic questions…
Bernhard Schmeilzl
October 10, 2012
Business in GermanyGerman Corporate LawGerman LawStarting Business

What is a GmbH? The German Limited Liability Company explained

Checklist for your Startup in Germany "Gesellschaft mit beschränkter Haftung" (in short: GmbH) means Limited Liability Company. It is the most popular company form in Germany and protects - as long as the legal rules are being obeyed - its shareholders from any personal liability. For an overview of German company forms see here. However, in contrast to most other EU member states, there is still a hefty minimum capital requirement of 25,000 Euro, half…
Bernhard Schmeilzl
October 4, 2012
GeneralGerman LawOutside the Law

Economic Data Germany

Stats & Figures for Germany In case you plan to expand your business into Germany, it may be a good idea to get familiar with some stats and figures. The German Federal Statistical Office (DESTATIS), based in Wiesbaden, is constantly publishing data and projections regarding German economy in general as well as regarding various economic sectors. Furthermore, you can find all kinds of statistics regarding environment, society, social security and state. Most services are also…
Bernhard Schmeilzl
June 23, 2012
Business in GermanyGerman Corporate LawGerman LawProfessional Regulations

What is a German “Civil Law Notary”?

And what are their Fees? When you engage in business in Germany you will sooner or later encounter a so called "Notar". These civil law notaries are neither judges nor attorneys, but something in between. German law (for example in Sec. 311.b.(1) Civil Code) requires the intervention of a notary in cases of important transactions with long-term effects and a particular economic or personal significance for the parties concerned, e.g. real property transactions, establishment of…
Bernhard Schmeilzl
June 16, 2012
German Law

German Lawyers in London

Anglo-German Law Firm Graf Legal The German law firm Graf & Partners and its litigation department GP Chambers, established in 2003, has years of experience in counseling British clients in regard to German and European legal issues, particularly in the areas of corporate and labour law, international probate issues, preparation of Beritish-German Wills, drafting of agreements or in litigation and arbitration. Several of the firm’s attorneys have studied and/or worked in the USA, UK and…
Bernhard Schmeilzl
June 14, 2012
German Corporate LawGerman Law

Company Forms in Germany: An Overview

Which legal entity is best for your German business? Foreign companies may, of course, do business in Germany. Company forms from another EU country may even have their seat in another European country. Thus, legally, there is no strict necessity to establish a national company under German rules. However, there are many good reasons to found an “original” national company, when someone wants to engage in business activities within Germany. If only because customers and…
Bernhard Schmeilzl
June 12, 2012
German Labor LawGerman Law

German Labour Law: The Basics of Employee Protection against Dismissal

Here is a general overview on German law on employee protection against dismissal. Entrepreneurs please mind: this legislation wasn’t our idea, we are just trying to explain it! 1. General protection against dismissal ("Kündigungsschutz") While the special protection against dismissal deals with the restrictions to dismissal from which only specific employees benefit (e.g. members of a works council, pregnant women), the general protection against dismissal applies to all employees who fall under the scope of…
Bernhard Schmeilzl
June 11, 2012
Business in GermanyGerman Corporate LawGerman Law

How to incorporate a German Limited Liability Company (GmbH)

Chosing the right company structure is the first step of starting your German business Make sure you opt for a German company form which does ideally meet your needs. Some of the central criteria for making the right choice are: do you need protection from personal liability? what business entity triggers the least costs and the least organisational hassle? do you plan to sell the business in the foreseeable future? The most suitable form of…
Bernhard Schmeilzl
June 11, 2012
GeneralGerman Law

German Laws in English

In case you need to look into the wording of specific German legislation you can find many relevant German statutes on the website of the German Department of Justice (here). The central codification is the German Civil Code (Bürgerliches Gesetzbuch), which is available for download here: German_Civil_Code_in_English_language. The litigation department of Graf & Partners runs the expert law blog on German Civil Procedure Rules (here). On that blog, you will also find a comprehensive list…
Bernhard Schmeilzl
May 23, 2012
Civil actionGerman LawProfessional Regulations

What is a German Rechtsanwalt?

German Lawyers: Professional Education and Regulatory Framework German advocates are independent and work as self-employed professionals (Freiberufler). To be admitted to the German bar (Rechtsanwaltskammer) one must pass two state examinations: The first exam requires four years of studies at a University law school . The second exam takes place after additional two years of legal clerkship (Referendariat) during which the future lawyers have to successfully complete various stages: civil court, criminal court, municipal or…
Bernhard Schmeilzl
May 22, 2012