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Starting or Expanding Business

Business in GermanyCivil actionGerman Corporate LawGerman Tort LawStarting BusinessStarting or Expanding Business

Director’s Duties and Liabilities under German Law

What are the Duties of Directors of German Companies (GmbH) and Corporations (Aktiengesellschaft)? Obviously, pretty much all over the world, company directors and CEO’s have a general duty to be loyal, diligent and conscientious in managing the affairs of their company. This is also the case under German law. Directors and CEOs have to bear in mind what is best for the business and act accordingly. In this regard, German courts do apply an objective…
Bernhard Schmeilzl
June 22, 2018
Business in GermanyContract TemplatesConveyancing GermanyGerman Corporate LawGerman LawM&A GermanyProperty in GermanyStarting or Expanding Business

Careful with M&A Asset Deals in Germany

Pitfalls of German Contract Law (Part 3):  Many Asset Deal Purchase Agreements must be in Notarial Form to be Valid in Germany German Law requires certain transactions to be recorded before a Civil Law Notary in order for these agreements to be valid and enforceable. The list ranges from pre-nuptial and marriage agreements, to any real estate related transaction, to the formation of German companies and stock corporations. One aspect is, however, sometimes overlooked even…
Bernhard Schmeilzl
September 29, 2017
Starting BusinessStarting or Expanding Business

Starting a New Business in the UK

How to Incorporate a Company. What You Need to Know Are you thinking about establishing a business in the UK? Where do you start? This note will give you a brief understanding of the Companies Act 2006 and what you need to know in order to set up a business in the UK. The Companies Act 2006 provides for three types of companies to be established: Company limited by shares; Company limited by guarantee; and…
Elissa Jelowicki
November 13, 2014
Business in GermanyBusiness Tax & Fiscal ObligationsGerman Corporate LawGerman Labor LawGerman Tax LawStarting BusinessStarting or Expanding Business

When starting a Business in Germany: Don’t Forget the Trade Register Notification (Gewerbeanmeldung)

Your new German company is finally registered? Gratulations! But you are far from being done. Under German law (see section 14 Gewerbeordnung, i.e. German Trade Regulation), the commencement of a business activity must be notified in writing (Gewerbeanmeldung) to the local Ordnungsamt (Trades Office), which is a department of the municipal government, for example the city of Munich. This notification obligation also applies to any change in the business (e.g. move, modification to the nature…
Bernhard Schmeilzl
October 31, 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 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
Business in GermanyBusiness Tax & Fiscal ObligationsGerman Corporate LawStarting BusinessStarting or Expanding Business

3 Ways to expand your Business to Germany

Establish a real German Company, register a Branch Office or start with a mere Representative Office If you want to sell your goods or services to Germans it is in most cases a huge advantage to be actually present in Germany. A German business address and phone number shows that you are seriously committed to doing business in Germany long term and thus builds trust with customers and business partners. But how to go about…
Bernhard Schmeilzl
July 9, 2014
Business in GermanyBusiness Tax & Fiscal ObligationsGerman Labor LawGerman Tax LawStarting BusinessStarting or Expanding BusinessTrustee & Escrow Services

10 Things to do when starting a German Business

Get started on the fast track If you have read our previous postings "Guide for doing Business in Germany", "Establish a German Limited Company (GmbH): FAQ and Checklist" and "Open a Business Bank Account in Germany?" you already have a pretty good idea how to go about starting your own German business. With this posting we provide ten - personal and probably subjectively biased - practical tips how to get a head start: #1: Choose…
Bernhard Schmeilzl
August 9, 2013
Business in GermanyGerman Corporate LawStarting or Expanding BusinessTrustee & Escrow Services

Buying a German Company: A quick Checklist

How to acquire a German Business In case you think about buying or merging with an existing German enterprise there are many legal and tax aspects to consider (for the formation of a new Germany company see here). Below we have compiled a few issues from the perspective of a German lawyer that may be of interest for a potential buyer: What kind of legal entity is the target company? There are various legal forms…
Bernhard Schmeilzl
May 13, 2013
Business in GermanyStarting BusinessStarting or Expanding BusinessTrustee & Escrow Services

Fiduciary, Trustee and Escrow Services in Germany

To start or expand a business in Germany an existing enterprise can: (i) either trade directly from the UK; (ii) use a German partner as agent or distributor; (iii) set up a branch office in Germany or (iv) establish a separate legal entity for the German activities, which makes good sense when one wants to separate the risks of the specific German business. The best choice for option (iv) will in most cases be a…
Bernhard Schmeilzl
February 22, 2013