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The Experts on Anglo-German Law

CrossChannelLawyers.co.uk, its German language counterpart Cross-Channel-Lawyers.de, and InternationalProbateLaw.com are law blogs (blawgs) dealing with Anglo-German legal issues. A network of international lawyers who are experienced in cross border legal problems and who give practical and reliable advice. The law blogs are run by the lawyers of Graf & Partners, a firm of German lawyers (Rechtsanwälte) with many years of professional experience in cross border legal proceedings, who provide legal advice in a comprehensive, understandable and user-oriented manner. Our experienced team of German litigation lawyers provides forensic services all across Germany and runs the expert litigation law blog German Civil Procedure. Graf & Partners, with its international expertise, is well equipped to advise and represent clients from the USA, the United Kingdom and other English speaking countries. Visit us also on YouTube.

+49 (0) 941 – 463 70 70
mail@grafpartner.com
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
Debt collection

Need to Chase a Debt in the UK but Fear the Debtor is Insolvent?

Your quick guide to the basics of Personal Insolvency in the UK The two main insolvency procedures available to insolvent individuals in England and Wales are: (i) Bankruptcy and (ii) Individual voluntary arrangements. This note will focus on bankruptcy and not individual voluntary arrangements. What is bankruptcy? Bankruptcy is a process by which the assets of a debtor are realised and distributed amongst his creditors. The main features of a bankruptcy are: The debtor's beneficial…
Elissa Jelowicki
November 13, 2014
Business in GermanyConveyancing GermanyDebt collectionGerman LawGoing to court

English Lawyers in Germany

Solicitor Jelowicki von Grafenstein in Munich Whether you have been involved in a car accident in Germany, need advice on German labour law or other contract matters, plan to start a German business, want to buy a house in Germany or need to swear an oath before an English solicitor, the Munich based law firm Graf & Partners can provide the necessary legal advice and representation. The firm was established in 2003 and speciales in British-German…
Bernhard Schmeilzl
November 7, 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
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
Civil actionGerman ProbateGerman Succession & Inheritance Law

Disputed Wills and Contentious Probate in Germany

German Litigation Expert Bernhard Schmeilzl of Graf Legal explains the Basics of Contentious Probate If it is unclear whether a last will is valid, it can get messy between the potential beneficiaries. In Germany, this is even more so because -- in contrast to the UK -- German law knows no administration of the estate by a personal representative. Instead, the heirs (in German: Erben) have the right to administer the estate themselves. Due to…
Bernhard Schmeilzl
July 11, 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
German ProbateGerman Succession & Inheritance LawGerman Tax Law

Can foreign Taxes be set off against UK Inheritance Tax?

Unilateral Inheritance Tax Relief in British-German Probate Matters If a legator was domiciled (or legally deemed to be domiciled) in the UK and possessed assets in other countries, then HMRC will levy inheritance tax on the entire estate, i.e. all assets worldwide (see here). The problem is: Other jurisdictions may employ an entirely different inheritance tax system and also demand inheritance tax. Germany, for example, does not use domicile but citizenship (nationality) and residency to…
Bernhard Schmeilzl
July 4, 2014
German ProbateGerman Succession & Inheritance LawGerman Tax Law

How to apply for a German Grant of Probate

First, you need to make the right choice about which German Grant to apply for The German equivalent of a UK Grant of Probate is the Certificate of Inheritance (Erbschein). Less common is its “little brother”, the Certificate of Executorship (Testamentsvollstreckerzeugnis). Both documents are issued by the Nachlassgericht which is the probate department of the respective local District Court (Amtsgericht). Who needs an Erbschein? As we have explained here, German law applies the principle of…
Bernhard Schmeilzl
June 30, 2014
Business in GermanyGerman Labor Law

Germany introduces minimum wage in January 2015

After 10 years of heated discussion Germany will implement a nationwide universal minimum gross wage (flächendeckender Mindestlohn) of EUR 8.50 per hour starting 1 Januar 2015. The act still needs to be formally passed but is expected to go through without relevant changes. Thus the details of the future „Tarifautonomiestaerkungsgesetz“ can already be found in the government draft of the bill here. There will be transitional provisions and some exceptions for certain business sectors. Fore…
Bernhard Schmeilzl
June 24, 2014