Given the increasing globalization of the business world and Germany’s position as one of the economic centres of Europe, company expansion to Germany represents an attractive opportunity for many foreign, internationally active companies to enter the lucrative German market.

If you are planning a company’s expansion to Germany, the first question to be asked concerning setting up a branch in Germany is how to choose the right organizational form. A distinction is made between establishing a subsidiary company and establishing an independent branch office or a dependent permanent establishment/representative office. The choice of the right organizational form depends strongly on your individual motives and goals associated with the expansion. At Schlun & Elseven Rechtsanwälte, our team will outline the legal differences between the different organisational forms and ensure that our clients are fully aware of the steps, advantages and threats involved in all of them.

To remain stable and competitive in the modern economic market, companies often have to rethink and reorganise their corporate and social structure. There are various possibilities for such restructuring and transformation measures, but they cannot be implemented without extensive preparation. Our legal experts in corporate law will assist you in the detailed preparation of such a restructuring process.

With in-depth knowledge of the additionally relevant legal areas of labour, tax, banking and finance law, we can quickly master challenges that transcend legal fields and support you as a qualified partner. The main regulations on restructuring and transformation options for companies are contained in the German Transformation Act (Umwandlungsgesetz, UmwG).

Many obligations only emerge in the course of a restructuring process and can be very time-consuming. By engaging our experienced lawyers for corporate law at an early stage, you can avoid unpleasant surprises and additional tasks in the conversion of your company. You will receive a comprehensive restructuring concept which takes into account the difficulties from all relevant areas of law and informs you about all upcoming requirements.

Running a business is complex and German tax law does not make it any easier. Businesses face many taxes and different laws relating to them, such as turnover tax, trade tax, corporation tax, income tax and capital gains tax. Often, the importance of a certain tax will depend on a myriad of factors including the type of business you are running, and whether your business is able to seek exemptions in certain areas. By employing the services of Schlun & Elseven Rechtsanwälte, our team of corporate tax lawyers can assess your company’s tax situation, defend your enterprise in tax dispute matters and provide guidance regarding your rights during tax investigations.

With ongoing legal support and compliance advice, companies can reduce the likelihood of legal disputes. However, it is not always possible to completely avoid conflicts. Should disputes arise our lawyers will advise you regarding your options of dispute resolution, such as arbitration, mediation and litigation. There are many benefits to resolving difficulties outside of court including reduced financial and time costs. Resolving matters outside of court also involves less media exposure and reduces the risk of reputational damage. Arbitration can also prove to be the preferred route in more technical disputes, as companies can be assured that knowledgeable professionals will oversee the dispute.

However, this is not always possible, and if matters need to be resolved in court, our experienced litigation lawyers will be in your corner. Determining which method of dispute resolution is preferable will depend on many factors. At Schlun & Elseven Rechtsanwälte, our litigators and dispute resolution team will assist you in navigating this often complex area.

Would you like to step into self-employment and set up your own franchise business in Germany? Or you have already successfully established a business concept and would like to expand it through your own franchise system? It is possible to set up a franchise in Germany but franchise law is a comparatively young field of law, and in Germany, there is no specific franchise law regulation. It can thus be challenging to maintain an overview. Against this background, it is advisable to consult an expert in franchise law. The lawyers of Schlun & Elseven Rechtsanwälte offer you comprehensive specialised legal advice so that nothing stands in the way of the successful establishment of your franchise business or the development of a franchise system.

Our team advises on matters, such as drafting and reviewing the franchise agreement, legal disputes between franchisees and franchisors, the day-to-day legal matters faced by franchisors and franchisees, and more.