Category

German Law

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