From a legal perspective, the sale or acquisition of a company is a highly complex and demanding process that needs to be carefully planned and coordinated. In this context, the letter of intent (LOI) plays an essential role. As a pre-contractual document, it sets out the intentions and objectives of the parties and outlines essential key points of the deal without being binding. Further negotiations are ultimately conducted based on the LOI, so both parties must carefully draft and analyse the letter of intent. To protect the disclosed company-relevant information from competitors, a non-disclosure agreement (NDA) is usually signed in advance.
The German law firm Schlun & Elseven Rechtsanwälte offers skilled and committed legal advice. Our lawyers, specialising in German corporate law and mergers & acquisitions, have extensive experience in M&A transactions and drafting contractual agreements. Thanks to their expertise, our lawyers ensure that the letter of intent fulfils all legal requirements and considers your interests appropriately. On request, we can also draft a non-disclosure agreement to ensure the confidentiality and fairness of contract negotiations. Contact us today to benefit from our expertise.
Relevance of the Letter of Intent
Although the letter of intent is generally not binding and, therefore, has no independent legal force, it is an important milestone in the M&A process. First, it signals a fundamental willingness to conclude a contract with the other party in the future. In contrast to the offer, the letter of intent does not constitute a claim to the conclusion of the intended contract; a no-binding clause is often explicitly included to safeguard this.
In addition to the declaration of willingness, the letter of intent fulfils several other functions:
- Definition of key points,
- Presentation of the basis for negotiations,
- Assurance of certain obligations.
Even if the letter of intent is not binding regarding the conclusion of the contract, it contains obligations such as confidentiality and exclusivity agreements that serve to safeguard the interests of both parties. It is essential to ensure the highest level of confidentiality, particularly regarding the internal company information disclosed. A separate confidentiality or non-disclosure agreement can be concluded in addition to the letter of intent.
Drafting and Content of the Letter of Intent
Although every M&A transaction is individual and the aspects to be negotiated are therefore also unique, some mandatory criteria must be observed when drafting the letter of intent. First, it should be noted that the term ‘letter of intent’ does not have to be explicitly mentioned in the document itself for it to constitute such a letter of intent. Particularly internationally, there may be different or additional terms. Only the content, not the title, is decisive for the legal categorisation of a document.
In addition to the detailed and specific designation of the transaction, such as the sale of a company and the naming of the parties involved, the following questions must be addressed in the letter of intent:
- What agreements have been reached so far?
- What further checks and verifications should be provided?
- At what intervals and to what extent should further talks take place?
- By when should an agreement be reached?
- What points have the parties involved not yet agreed on?
- Under what mandatory conditions will the transaction take place?
- What financing structure has been agreed?
In a letter of intent, aspects that have already been determined can be specified in concrete, legally binding terms (so-called “hard LOI”). If no agreements have yet been reached or if the parties do not wish to definitively commit to any of the legally relevant aspects, this is referred to as a “soft LOI.”
Joint Letter of Intent | Memorandum of Understanding
A memorandum of understanding (MoU) exists when the seller signs the buyer’s letter of intent, signalling its consent, or when the parties jointly draft such a document. The purpose of this is to record the results of the negotiations to date as an “interim result“. This document has the function of preparing the main contract, as there is already agreement on key aspects of the transaction. The memorandum of understanding, therefore, has a more substantial binding effect than the letter of intent, even though it does not grant any entitlement to the conclusion of the main agreement.
Compensation for Breach of Contract Negotiations
As the letter of intent signals that a contract is to be concluded and extensive negotiations, a due diligence review and possibly concessions from both sides have usually already taken place, breaking off contract negotiations can lead to a claim for damages.
The German law provides for the framework conditions of culpa in contrahendo, Section 311 (2) of the German Civil Code (BGB). However, a liability for damages only arises if the contract negotiations are broken off without good reason. If the negotiations have failed because the parties cannot reach an agreement, there is no question of the contract negotiations being broken off for damages. Irrespective of this, the parties can agree on a break-up clause during their negotiations. This is usually recorded in the letter of intent. The break-up clause is an agreement that allows the aggrieved party to demand reimbursement of costs if the contract negotiations are broken off. In this way, the parties gain additional liability and security.
Frequently Asked Questions about M&A Transactions, Company Sales, and Company Acquisitions
Legal defences in cases of online harassment can include proving the truthfulness of statements, demonstrating a lack of intent to harm, showing that consent was given for the actions in question, and asserting the right to freedom of expression for protected opinions. Each defence is tailored to the specifics of the case.
Parents who abduct their children may face serious legal consequences, including criminal charges, fines, and loss of custody rights. German law treats child abduction as a serious offence. Our lawyers are available to advise you on matters relating to German family law and criminal law aspects of such cases.
Businesses caught undervaluing imports to evade customs duties in Germany face hefty fines and the confiscation of goods. For example, a company may be penalised for misdeclaring the value of electronics imports, leading to legal repercussions and financial losses.
Evidence is crucial in these cases. At Schlun & Elseven Rechtsanwälte, our legal team conducts a thorough analysis of all evidence, including digital footprints, context of interactions, and communications, to build a strong defence strategy. Proper evaluation can challenge the validity of the allegations.
If you suspect your child is at risk of abduction, it is crucial to take immediate and proactive steps to protect them. Start by notifying local authorities and expressing your concerns, as they can provide immediate assistance and increase vigilance. Secure all legal documents related to custody and ensure that they are up to date and readily accessible. Contact our expert German family law attorneys to explore protective legal actions, such as obtaining a restraining order against the suspected abductor or implementing travel restrictions for the child.
Yes, freedom of expression is a fundamental right protected under German law. If the alleged online harassment involves opinions or commentary, we can argue that these statements are protected speech, especially in cases related to social or political discourse.
It is essential to seek professional legal advice to understand your rights and options. You have the right to appeal a customs seizure decision. The appeals process involves submitting a formal request for review to the customs authorities, often within a specified timeframe. Our lawyers will advise you about responding to the notification and providing the requested documentation.
Defences in such cases may include proving that the material was shared with consent or under circumstances that justify the actions, such as emergency situations. We will investigate the context and evidence surrounding the dissemination to defend your case.
Online searches and investigations can be intrusive and are subject to strict legal requirements in Germany. If the conditions for such searches are not met, we can challenge the admissibility of the evidence obtained. Our team ensures that your rights are protected during these investigations.
You have the right to be informed of the reasons for the seizure, to access legal representation, and to appeal the decision. You also have the right to due process throughout the investigation. While not always explicitly stated, there is an implicit right to a timely resolution of the case. In certain circumstances, if the seizure is found to be unjustified, you may have the right to seek compensation for any losses incurred as a result of the seizure.
Potential drawbacks of arbitration include limited grounds for appeal, potential costs, and the need for both parties to agree to arbitrate. Additionally, arbitration may lack the formal discovery process available in litigation, which can be a disadvantage in complex cases.
After a seizure, German customs authorities catalog and securely store the seized items, conduct a detailed examination, and gather evidence. They may communicate with the affected party to request additional information or clarification. This process should ensure that the confiscation is justified and handled according to legal standards.
It is possible to recover seized goods through successful appeals, legal negotiations, or proving that the goods comply with regulations. Engaging a skilled lawyer to challenge the seizure can significantly increase the chances of a favourable outcome. Additionally, providing thorough documentation and evidence to support your claim is crucial in demonstrating compliance with German customs laws.
We can challenge the findings in court if an online search was conducted without meeting legal prerequisites. This challenge may involve proving that the search violated your rights or that the evidence should be excluded due to improper procedures.
Jemand der einer Straftat verdächtigt wird kann, nachdem die Staatsanwaltschaft bei dem zuständigen Ermittlungsrichter einen Haftbefehl beantragt hat, festgenommen werden, um in Untersuchungshaft genommen zu werden.
Zweck der Untersuchungshaft ist die Sicherung des Strafverfahrens. Es soll verhindert werden, dass der Beschuldigte die Ermittlungen negativ beeinflusst oder sich dem späteren Verfahren entzieht.
Legal defences against customs seizures can include challenging the legality of the seizure and proving compliance with relevant regulations. Negotiating for the return of the goods is also a viable strategy, along with demonstrating that any violations were unintentional or due to misunderstandings. Engaging a knowledgeable German customs lawyer can help formulate a robust defence tailored to the specific circumstances of the seizure.
You cannot legally stay in Germany after your visa expires. Overstaying your visa can lead to serious consequences, including fines, deportation, and future entry bans. It’s crucial to apply for an extension or a new visa before your current visa expires if you need to prolong your stay. If your visa is about to expire and you need to stay longer, you should apply for an extension or a new visa at the relevant local immigration office (Ausländerbehörde) in Germany. Ensure you have a valid reason for the extension and the necessary supporting documents. Our German visa lawyers are available to provide you extensive legal advice and support with this matter.
Leasing is a form of financing in which the lessee can use an asset (car, machine, property, etc.) for an agreed-upon period in return for payment of a monthly instalment. In legal terms, leasing can be distinguished from a tenancy.
In most leasing contracts in Germany, the lessee is responsible for maintaining and repairing the leased asset. It is essential to check the contract’s exact terms, as there may be different agreements. This should also be considered before the contract is concluded so that it can be included in the contract negotiations if necessary.
Fraud in Germany is defined under § 263 German Criminal Code (Strafgesetzbuch, StGB). It involves intentionally deceiving another person to gain a financial advantage, causing damage to the deceived party’s property.
What happens next in the event of a total loss depends on the respective leasing contract. The damage is often covered by comprehensive insurance. As a rule, the lessee remains obliged to continue paying the instalments until the insurance company settles the damage. Sometimes, the contract also contains a provision that terminates the leasing contract in the event of a total loss.
Penalties for fraud in Germany can include fines and imprisonment. Basic fraud can result in imprisonment of up to five years or a fine, while severe cases can lead to imprisonment of up to ten years.
The leasing parties usually agree on a fixed period, guaranteeing both parties security and predictability. Accordingly, early cancellation is difficult and usually associated with costs. Special clauses in the leasing contract usually regulate this, such as a compensation payment for the lessor. Early termination can sometimes be achieved by another person taking over the contract or paying a transfer fee.
If you are accused of fraud, it is crucial to remain calm and avoid making any statements to authorities without legal counsel. Contact a specialised German fraud defence lawyer immediately and collect and preserve any relevant documents or evidence.
There are usually three options at the end of the leasing term:
- Return of the leased asset,
- extension of the leasing contract or
- purchase of the leased asset at its residual value.
The leasing contract should clearly define the exact procedure and available options.
The duration of fraud investigations in Germany can vary widely based on the complexity of the case, the amount of evidence, and the workload of the investigating authorities. Simple cases may be resolved in a few months, while more complex ones can take years.
The most common legal problems with leasing include uncertainties about responsibility for damage and repairs, the calculation and payment of residual values, the conditions for early termination of the contract, and tax issues. Therefore, it is advisable to have the leasing contract in Germany checked in detail before concluding it.
During a fraud investigation, you have the right to be informed of the charges against you, remain silent and not incriminate yourself, have legal representation, and access case files and evidence used against you.
International leasing contracts involve several legal and tax aspects, such as the different legal provisions in the countries involved, currency risks, and possible import/export restrictions. A lawyer with experience in international contract law can provide valuable support here.
Security can be provided by depositing cash, securities, a pledge, or a guarantee of suitable persons (§ 116a (1) sentence 1 StPO). The judge determines the amount and type of security at his own discretion (§ 116a (2) StPO). However, the bail must also be suitable for securing the criminal proceedings. The custodial judge must consider that the nature and amount of the security exerts a psychological constraint on the accused to participate in the proceedings and accept a possible prison sentence. Therefore, the decision is relevant for the income and financial circumstances of the accused, the weight of the offence under investigation, and the circumstances that speak for or against escape.
A third party may also provide security. This is only permissible if it can be assumed that the defendant will not harm the third party by forfeiting the security (e.g., evading the investigation). This is often the case where family members provide bail.
Evidence in fraud cases in Germany often includes financial records, communications (emails, messages), witness testimonies, and digital evidence from IT systems. Investigators may also use expert analysis to trace fraudulent transactions and uncover patterns of deceit or embezzlement.
Germany offers various types of visas tailored to different purposes of stay. The two main categories are short-term visas (Schengen visas) for stays up to 90 days within a 180-day period and long-term visas (national visas) for stays exceeding 90 days. A short-term visa, or Schengen visa, allows you to stay in Germany and other Schengen Area countries for up to 90 days within a 180-day period for purposes like tourism, business, or visiting family and friends. A long-term or national visa is for stays exceeding 90 days and is required for purposes such as employment, studying, or family reunification.
Citizens of EU/EEA countries and Switzerland do not need a visa to enter Germany. However, nationals from non-EU/EEA countries generally require a visa to enter Germany, whether for short-term visits or long-term stays. Specific visa requirements vary based on your nationality, the purpose of your visit, and the length of your stay.
Bail will be refunded if an acquittal is granted or the proceedings are discontinued. Besides, bail is released if the arrest warrant is revoked or the remand in custody is executed after all. Bail is also returned if the sentence or detention order is executed. If a fine is imposed, the security will be set off against it and the proceedings’ costs. Any surplus will then be repaid.
If the accused person evades the investigation or the commencement of the recognised custodial sentence or detention order, the security that has not yet been released shall be forfeited to the treasury (§ 124(1) StPO). Therefore, the associated conditions must be complied with to have the bail returned.
The required documents vary depending on the visa type and purpose of your stay. Generally, you need a completed visa application form, a valid passport, recent passport-sized photos, travel insurance, proof of accommodation, evidence of sufficient financial means, and specific documents related to your visit’s purpose (e.g., invitation letter, employment contract, university admission letter). Our German visa lawyers are available to advise you regarding the documents needed in your specific case, and assist you with sourcing and managing such documents.
If the defendant does not live in the Federal Republic of Germany, they must appoint an authorised person to receive service. This is a person resident in the district of the competent court who is authorised to receive documents relating to the proceedings. This is intended to avoid difficulties connected with service abroad.
A national visa (D visa) is required for stays in Germany that exceed 90 days. This visa is necessary for purposes such as employment, studying, family reunification, or long-term medical treatment. You must apply for a long-term visa at the German embassy or consulate in your home country. The application process involves providing a completed application form, a valid passport, biometric photos, proof of health insurance, financial stability, and specific documents related to the purpose of your stay (e.g., job offer, university admission letter).
If contacted by the police regarding a fraud investigation in Germany, it is crucial to remain calm and exercise your right to remain silent. Do not provide any statements or answers without consulting a criminal defence lawyer. Contact a lawyer as soon as possible to ensure your rights are protected throughout the investigation.
Our criminal defence lawyers provide critical support during fraud investigations by offering legal advice, ensuring your rights are protected, and developing a robust defence strategy. We will review the evidence, represent you during interrogations, and work to resolve the matter favourably, potentially avoiding criminal charges or reducing penalties.
If you are arrested for illegal street racing in Germany, it is crucial to remain calm and exercise your right to remain silent. This will help you avoid making statements that could be used against you. Contact Schlun & Elseven Rechtsanwälte as soon as possible to discuss your case with our legal experts. We will guide you through the process, protect your rights, and work to achieve the best possible outcome for your situation.
Family reunification visas are available for spouses, children, and sometimes other relatives of individuals legally residing in Germany. The specific requirements and application process depend on your residence status and the relationship to the family members you wish to bring.
Companies can protect themselves by implementing strong internal controls and whistleblower systems, conducting regular audits, and ensuring transparency in financial dealings. Training employees on ethical practices and maintaining clear policies on handling finances and confidential information also help reduce the risk of fraud allegations.
Changing your visa status while in Germany is generally not possible for short-term visa holders. Long-term visa holders may be able to change their status under certain conditions, such as switching from a student visa to a work visa if they find employment. This process involves applying at the local immigration office and meeting specific requirements.
Deportation can be a potential consequence for non-German and non-EU citizens convicted of serious offences like illegal street racing. The risk of deportation depends on various factors, including the severity of the offence and your immigration status. Our team at Schlun & Elseven Rechtsanwälte will assess your specific case, explore all possible legal avenues to mitigate this risk, and provide a strong defence to help you avoid deportation.
If a defendant violates bail conditions in Germany, serious consequences may follow. The court may revoke the bail and issue a warrant for the defendant’s arrest. Additionally, the defendant may face new criminal charges for breaching bail conditions. Depending on the severity of the violation and the circumstances of the case, the defendant could be held in pre-trial detention until the conclusion of their criminal proceedings. It’s essential for defendants to strictly adhere to bail conditions to avoid further legal complications and ensure their continued liberty pending trial.
The length of a driving license suspension for illegal street racing varies based on the specifics of your case and the court’s decision. Penalties can range from several months to several years, or in extreme cases, result in permanent revocation. Our legal team will work to minimise the impact on your driving privileges by presenting a robust defence and negotiating for a more lenient penalty if possible.
During your court appearance, you will have the opportunity to present your case, challenge evidence, and make legal arguments. The court will review the evidence, listen to testimonies, and make a determination based on the facts and legal arguments presented. Our lawyers will guide you through the court proceedings, represent you in discussions, and ensure that your rights are protected throughout the process.
Challenging evidence involves a thorough review of the materials presented against you, such as witness statements, police reports, and forensic evidence. Our legal team will identify any discrepancies, procedural errors, or issues with the evidence’s credibility. We will then use this information to argue for the exclusion or reduction of evidence that could negatively impact your case, enhancing your chances of a favourable outcome.
The NATO Status of Forces Agreement (SOFA) is an international agreement that establishes the legal framework under which U.S. military personnel, civilian employees, and their dependents operate in Germany. It outlines the rights, responsibilities, and privileges of these individuals while stationed in the host country.
Yes, bail can be granted for individuals facing extradition proceedings in Germany, but it depends on various factors and the specific circumstances of each case. The decision to grant bail in extradition cases is at the discretion of the court and is influenced by considerations such as the seriousness of the alleged offence, the strength of the evidence against the individual, and the likelihood of flight. Additionally, the court may assess whether granting bail would serve the interests of justice and ensure the individual’s appearance at extradition hearings.
No, you do not need a separate German residence permit if you have SOFA status. The SOFA certificate in your passport exempts you from the standard requirements of the German residency laws.
U.S. military personnel must present their military ID cards and NATO or travel orders. Civilian employees, DoD-sponsored contractors, and eligible family members must have a SOFA certificate in their passports. These documents allow for unrestricted entry and exit from Germany without adhering to typical German immigration laws.
It is recommended that you obtain a SOFA certificate before relocating to Germany. If you are unable to obtain one before departure, you should carry a copy of the sponsor’s travel orders and visit the servicing passport office to request the identification certificate within 90 days of arrival in Germany.
The SOFA certificate grants various privileges, including exemption from German residency laws, unrestricted entry and exit from Germany, and certain immunities under German law. It also provides protections under the NATO SOFA and the German Supplementary Agreement.
Yes, dependents of U.S. personnel with SOFA status can work in Germany without needing a separate labour permit. However, it is essential to comply with German tax regulations, and certain job categories might have specific tax exemptions.
If your driving license is suspended or revoked, you are legally prohibited from operating a vehicle during the suspension period. Driving with a suspended or revoked license can result in additional legal penalties. We will work to minimise the duration of the suspension and explore options for reinstatement, but it is essential to comply with the court’s orders and refrain from driving until your license is reinstated.
Both U.S. and German authorities have jurisdiction over criminal matters involving U.S. military personnel. Typically, German authorities handle offences committed off-base or involving German nationals, while the U.S. retains jurisdiction over certain crimes committed on military bases or involving U.S. personnel.
Civil cases, such as personal injury claims or property disputes, are generally handled by German courts. U.S. personnel enjoy certain immunities under SOFA but are still subject to German civil law for personal actions and off-duty conduct.
While SOFA provides various legal protections, U.S. military personnel and their families may still require legal assistance to deal with complex issues or disputes in Germany. Schlun & Elseven Rechtsanwälte offers expert legal advice and representation to ensure compliance with German law and address any legal challenges that may arise.
A legal opinion in family law is a formal statement provided by a qualified attorney that outlines the legal standing, implications, and potential outcomes of a specific case or legal issue. It includes an analysis of relevant laws, precedents, and facts to guide clients in making informed decisions.
A legal opinion helps you understand your legal position, the strengths and weaknesses of your case, and the possible outcomes. It provides a clear, professional assessment that can guide your actions, support negotiations, and strengthen your case in court.
At Schlun & Elseven Rechtsanwälte, our family law attorneys are experienced in both German and international family law. We analyse the interplay between different legal systems and apply international treaties to our legal opinions. This comprehensive approach ensures our legal opinions are firmly established and tailored to the complexities of cross-border cases.
Yes, at Schlun & Elseven Rechtsanwälte, we offer all our family law services, including legal opinions, in both English and German. This ensures that international clients can fully understand their legal standing and the advice we provide.
Yes, Schlun & Elseven Rechtsanwälte offers both online and in-person consultations. This flexibility ensures that we can accommodate clients’ needs and preferences, regardless of their location.
My name is Oisín O’Mahony.
I live in Bonn.
Commonly seized items by German customs include illicit goods such as drugs and weapons, counterfeit items, and undeclared cash. Excess quantities of tobacco and alcohol are frequently targeted, as well as improperly declared commercial goods. These seizures aim to prevent illegal trade and ensure compliance with customs regulations.
To prepare an accurate legal opinion, we need comprehensive information about your case, including relevant documents, previous court orders, and other pertinent details. We will guide you on the specific information required during the initial consultation.
Recognising and enforcing foreign judgments in Germany involves a legal process where a German court determines if a foreign judgment meets the criteria for recognition under German law. Our legal opinions provide a detailed analysis of these criteria, including compliance with international treaties, to ensure that foreign judgment is recognised and enforced correctly.
International treaties, such as the Hague Conventions, play a significant role in family law cases involving cross-border issues. These treaties establish common legal standards and procedures for issues like child abduction, custody, and support. Our legal opinions analyse the relevant treaties and their application to your case, providing a clear understanding of how these international agreements impact your legal situation.
Arbitration is a private dispute resolution process where parties agree to submit their dispute to one or more arbitrators whose decision is binding. Unlike litigation, which takes place in public courts and follows strict legal procedures, arbitration is more flexible and confidential, allowing parties to customise various aspects of the process. Parties typically follow the procedure outlined in their arbitration agreement, which may involve notifying the other party and the chosen arbitration institution to initiate arbitration in Germany. If no institution is specified, parties may need to agree on an ad hoc process or refer to relevant arbitration rules.
Arbitration is often more suitable for parties seeking a quicker and confidential resolution. It’s particularly beneficial for commercial disputes, international cases, and situations where parties prefer a private forum or need specialised expertise in the subject matter. Arbitration offers efficiency, flexibility, and privacy, making it a preferred dispute resolution method. Arbitration allows parties to customise procedural rules, evidence presentation, and scheduling to suit their specific needs, fostering a collaborative environment and tailored solutions.
Arbitration decisions, known as awards, are generally final and binding, with very limited grounds for appeal. These grounds typically involve procedural issues, such as lack of due process or arbitrator misconduct, rather than disagreements with the merits of the decision.
Arbitrators are selected by the parties based on the criteria outlined in the arbitration agreement. They are typically chosen for their expertise and experience in relevant fields. Arbitrators with specialised knowledge and experience in relevant fields should ensure that the decision-making is informed and efficient. They generally bring a deep understanding of the subject matter to the proceedings. In institutional arbitration, the institution may assist in appointing arbitrators if the parties cannot agree.
Child abduction in Germany is defined as taking a child from their habitual residence without the consent of the parent or guardian who has custody rights. This can include both domestic and international scenarios. If you are facing one of these scenarios, immediately contact the local authorities and seek legal advice from an experienced German family lawyer.
If the other parent has abducted your child, you can file a petition for the return of the child under the Hague Convention if applicable or seek legal action through German family courts for a domestic case. It’s essential to act quickly and consult a German family lawyer.
Arbitration proceedings are conducted privately, ensuring confidentiality and discretion, which is beneficial for businesses protecting sensitive information, proprietary data, or trade secrets. Details of the dispute, evidence, and award are not disclosed to the public. Confidentiality rules can be stipulated in the arbitration agreement or be part of the institutional rules governing the arbitration.
The Hague Convention on the Civil Aspects of International Child Abduction facilitates the prompt return of abducted children to their country of habitual residence and ensures that custody rights are respected across member countries.
Arbitration proceedings are conducted privately, ensuring confidentiality and discretion, which is beneficial for businesses protecting sensitive information, proprietary data, or trade secrets. Details of the dispute, evidence, and award are not disclosed to the public. Confidentiality rules can be stipulated in the arbitration agreement or be part of the institutional rules governing the arbitration.
Cases involving non-Hague Convention countries are more complex and require specialised legal assistance. It’s crucial to seek expert legal advice from our German family law team regarding navigating the different legal systems and cultural practices involved in the case.
Yes, many child abduction cases can be resolved through out-of-court settlements and negotiation, which often results in a more amicable and quicker resolution. However, legal proceedings may be necessary if an agreement cannot be reached.
Arbitration awards are globally recognised and enforceable, ensuring consistent outcomes across jurisdictions. International arbitration, governed by treaties like the UNCITRAL Model Law and the New York Convention, involves parties from different countries. crucial considerations include choosing the arbitration forum, applicable laws, and enforcing awards internationally, facilitating efficient cross-border dispute resolution.
Documentation is vital to success in such cases. Gather all relevant documents, including custody orders, birth certificates, passports, and any communication related to the abduction. These will be crucial in building your case and facilitating the return of your child.
In abduction cases, the German court prioritises the best interests of the child, considering factors such as the child’s welfare, stability, and existing relationships. The court also respects previously established custody agreements. Our family lawyers are available to advise you on how these factors apply to your case.
Online harassment in Germany includes a range of behaviours such as cyberstalking, defamation, unauthorised distribution of intimate material, threats, and hate speech. These actions are addressed under various sections of the German Criminal Code (StGB) and other relevant laws.
In Germany, the enforcement of arbitration awards is facilitated through a structured legal framework that ensures both domestic and international awards are effectively upheld. Domestic arbitration awards are enforced in a manner akin to court judgments, wherein the arbitral tribunal’s decision carries the weight of a judicial ruling. This process involves submitting the award to the competent German court, which then issues an enforceable judgment based on the award’s provisions.
If a child expresses a strong objection to returning, the court will consider their age and maturity in making a decision. The child’s views will be taken into account, but the primary consideration remains their best interests.
Yes, every payment over 50,000 euros must be reported separately. If several smaller payments are made that together exceed this limit, they may also be subject to reporting.
The abbreviation GmbH stands for “Gesellschaft mit beschränkter Haftung” (limited liability company).
The duration can vary greatly, depending on the child’s country of origin and the individual circumstances. On average, it takes between one and three years.
If you fall ill before the start of the examination or are otherwise unable to take the examination through no fault of your own, you are obliged to inform the examination office immediately. In cases of illness, it is usual for your medical certificate to state that you are unable to take the examination. In some cases, the examination regulations stipulate that this must be certified by a medical officer.
If you become unfit to take an examination (e.g. you become so unwell that it is impossible to continue with the examination), inform the invigilator and discuss the next steps on the spot. If you leave the examination without agreeing to retake the exam, it will be difficult to challenge your decision.
It is essential that you submit your application in good time in order to obtain your residence permit. We recommend that you submit your extension application approximately eight to ten weeks before your existing residence permit expires. As the German immigration authorities do not send automatic reminders, it is your sole responsibility to monitor the relevant deadlines. Late submission of your application can have serious legal consequences, including the expiry of your residence permit, as well as fines or measures to terminate your residence if you remain in the country without a valid residence permit.
The fact that the adopting person already has biological children does not prevent the adoption of an adult, but it can make the process considerably more difficult. An adoption impacts their legal status, in particular it can have consequences regarding their inheritance. For this reason, biological children must always be involved in the proceedings.
It is not uncommon for biological children to complain about the adoption. This is usually the case if they believe that the adoption will reduce their inheritance. It is, therefore, advisable to keep everyone affected by the decision informed of what is happening and its reasons. This will reduce the likelihood of the adoption process being complicated by legal action from your child. If the adult to be adopted has a spouse, their consent must also be obtained.
If you are considering adopting an adult while you already have children, we recommend that you sit down with them and explain the process to them. It may be advisable to consult a legal adviser when explaining the effects of the adoption on the inheritance of the biological children. Practice shows that it is more promising and less stressful for all parties involved to clarify the issue openly and together than in a courtroom.
The EU Blue Card is a special residence permit that allows highly qualified professionals from countries outside the European Union to live and work in Germany. The card is valid for up to four years and offers several important benefits. You can use it to work anywhere in the European Union, not just Germany. It also provides a clear path to permanent residency in Germany, which you can apply for after 21 months if you speak German at B1 level, or after 33 months if you don’t speak German yet. Another major advantage is that you can bring your family to Germany through family reunification, and neither you nor your family members need to speak German to get the Blue Card initially.
Before the reform of the German name law, spouses could only choose either a common marital name upon marriage or continue to use their respective previous names. The possibility of having a common double name as a marital name did not yet exist.
This has now changed as of May 2025: Both spouses can now have a common double name (“Familiendoppelname”) – they may choose a variant with or without a hyphen. The possibility of each spouse continuing to carry their own name continues to exist, cf. Section 1355 of the German Civil Code (“BGB”).
Furthermore, it remains the same that only two names may be combined. This becomes relevant when one of the spouses already carries a double name: Long name chains like “Müller-Meier-Mustermann” are still not possible under German name law.
Asset protection provides advice on legal precautionary measures to protect assets from liability and third-party access (legal asset protection).
Establishing a branch office or dependent permanent establishment in Germany offers foreign companies numerous advantages. Germany is not only recognised worldwide as an innovative force in the automotive, mechanical engineering, chemical and IT sectors, but also as one of the world’s leading export nations. The strong infrastructure, reliable energy and water supply and secure access to resources are particularly attractive to companies. In addition, foreign companies often benefit from government subsidy programmes that support the expansion process. With the highest gross domestic product in the European Union and a large consumer market that also includes e-commerce, Germany is therefore an extremely attractive location for international companies.
M&A stands for mergers and acquisitions. A M&A transaction therefore refers to the process in which companies merge or one company acquires another.
In Germany, someone suspected of a criminal offence can be arrested after the public prosecutor’s office has applied to the competent investigating judge for an arrest warrant to be remanded in custody.
The purpose of pre-trial detention is to secure the criminal proceedings. It is intended to prevent the accused from negatively influencing the investigation or evading the subsequent proceedings.
M&A stands for mergers and acquisitions. Accordingly, an M&A transaction refers to the process in which companies merge, or one company acquires another. Overall, the term M&A is used for different types of company mergers and acquisitions. Even if the buyer of a company is not another company but an individual or a group of investors, the sale of the company is referred to as an M&A transaction.
If one spouse wishes to revoke the will, the revocation must be declared to the other spouse following Sections 2271 and 2296 BGB. The declaration must be notarized.
In the case of a private will, only the joint destruction or drawing up of a new will is necessary for joint revocation. If the will is in official custody, it must be jointly revoked (Sections 2272, 2256 I BGB).
Furthermore, a Berlin will becomes invalid through the dissolution of the marriage.
Foreclosure always begins with the creditor obtaining a legally enforceable title. Out-of-court collection proceedings and court dunning proceedings usually precede this. The exact procedure depends on the respective enforcement measure.
Enforcement, the last resort for debt collection, occurs when all previous requests and warnings have been unsuccessful. After receiving the enforcement order, the creditor can initiate measures such as asset seizure, wage garnishment, or a foreclosure sale to enforce their claim.
M&A stands for mergers and acquisitions. An M&A transaction, therefore, refers to the process in which companies merge or one company acquires another. Overall, the term M&A is used for different types of company mergers and acquisitions. Even if the buyer of a company is not another company but an individual or a group of investors, the sale of the company is referred to as an M&A transaction.
With shared custody, all parental rights and duties apply to both parents. They share the respective rights, meaning they have to make decisions together and consult with each other. Details of shared custody can be set out in a parental agreement or by court order.
Exemptions apply, among other things, to payments of less than EUR 50,000, payments for the import/export of goods or short-term loans with a term of less than 12 months.
The GmbH is a legal form for companies in many countries, including Germany. It is a legal entity financed by its shareholders’ equity. It is immensely popular as a company form because of its limited liability. In contrast to a Civil Law Partnership (GbR) or General Partnership (OHG), a GmbH is a capital company, not a partnership. Choosing the proper legal form requires experienced legal advice in German corporate law to avoid unnecessary mistakes with severe consequences.
The requirements vary depending on the country of origin but often include a minimum age, proof of income, health checks, and background checks. In addition to a minimum age, a maximum age difference to the child is often specified, which is around 40 or 45 years. Depending on the legal situation, it is easier for married couples to obtain an adoption licence than for single people or people in a relationship without marriage.
The chances of a successful appeal are different in each case. It depends on whether you have complied with your obligation to give notice of the errors in the examination procedure and to what extent the criticised aspects can be retraced. It also depends on what objective you are pursuing with the challenge and what your starting position is. In any case, it is advisable to review the examination and assessment documents and not to reject the possibility of an examination challenge prematurely.
The following documents are essential for the successful processing of your extension application:
- a valid national passport with sufficient remaining validity,
- proof of adequate health insurance,
- the completed official application form, and
- proof of financial means for the duration of the intended stay.
Depending on the purpose of your stay, additional specific evidence may be required. For example, students must submit a current certificate of enrolment, while those with residence permits based on family law must provide appropriate evidence of the existence of a marital relationship.
Adoption not only brings advantages but also obligations for the adopted adult. It is not a one-way street that only benefits the adoptee. The basic idea of a morally justified adoption is also based on the fact that the adoptee must support their new parent. This means that the latter is obliged to provide financial and health support if this is needed. The adoptee now has a family responsibility to look after and support their new parent.
The adoption of an adult can be cancelled following Section 1771 BGB if there are compelling reasons for doing so. Refusal to provide the necessary support can be regarded as such a reason.
To qualify for an EU Blue Card in 2025, you need to earn at least €48,300 per year in most jobs. However, if you work in a shortage profession, are an IT specialist, or recently graduated from university, you only need to earn €43,759.80 per year. Shortage professions include jobs in science, technology, engineering, mathematics, medicine, and various technical fields where Germany needs more skilled workers. These salary requirements ensure that Blue Card holders are well-compensated and contribute positively to the German economy.
Yes, children can now also carry a double name composed of the respective family names of their parents. It is important to know: parents do not need to be married or carry a common marital name. This new regulation is therefore particularly interesting for unmarried couples or blended (“patchwork”) families. Here too, the same rule applies: If the parents already carry double names, only one name component per parent may be used when choosing the child’s name to prevent longer name chains. It is also important to know that the chosen family name of the child must also be used for all other following children, cf. Section 1617 Para. 5 German Civil Code.
If the parents do not carry a common marital name and custody belongs to only one parent, the child still automatically receives the name of the custodial parent (should the other parent later on (re-)obtain custody, the child’s birth name can be redetermined according to Section 1617b Para. 1 S. 1 German Civil Code).
Various strategies can be used to protect your assets effectively. The various options should be combined so that you are in the best possible position. The following strategies can be considered:
- Tax optimisation
- Contractual arrangements, e.g. exclusion of liability, marriage contract, etc.
- Making gifts | Transferring assets
- Establishing a foundation
- Utilisation of seizure-proof investments | Retirement provision, residential rights, etc.
The choice of legal form has a significant impact on various areas, including the extent of liability, tax obligations, financing options and administrative requirements. It is therefore advisable to seek comprehensive advice from experienced experts when choosing a suitable legal form.
In a share deal, shares in a company are sold, whereas in an asset deal, individual assets or goods are transferred. The main difference therefore lies in the object of the sale. The choice of the form of sale has a significant impact on the entire transaction process, including the type of purchase agreement and the tax valuation.
Pre-trial detention in Germany is generally carried out in a special correctional facility or at least in a special ward in a correctional facility. The daily routine can only be described as an example and varies from prison to prison. Generally, the day begins between 6 and 7 am with breakfast. Afterwards, there is the opportunity to do some work within the prison. Before lunch, inmates who are not working usually have an hour in the yard. Inmates who are working have an hour in the yard after work (usually around 3–4 pm). After an early dinner, there is usually free time with the cell doors open before the night lock-up between 6 and 7 pm.
A share deal involves the sale of company shares, while an asset deal involves the sale of individual assets or goods. The object of the sale is, therefore, the decisive difference. The choice of the form of sale has a significant impact on the entire transaction process, for example, on the form of the purchase agreement to be complied with and the tax assessment.
Alternatively, a contract of inheritance can be drawn up. In this contract, subsequent or final heirs can be effectively obliged to waive their compulsory portion.
The enforcement order is the necessary legally binding document that gives the creditor the right to initiate enforcement measures against the debtor.
The enforcement order is a public document that certifies the creditor’s claim against the debtor. It is obtained when the creditor successfully completes legal proceedings, or there is another legal basis for the claim. The enforcement order must describe the parties and the nature and scope of the performance owed in detail. A notarized acknowledgement of debt on the debtor’s part may also constitute such an enforcement order, based on which the creditor can directly enforce the claim.
A share deal involves the sale of company shares, while an asset deal involves the sale of individual assets or goods. The decisive difference is, therefore, the object of the sale to be designated. The choice of the form of sale has a significant impact on the entire transaction process, for example, on the form of the purchase agreement to be observed and the tax assessment.
The interests and welfare of the child are decisive. The court pays attention to the child’s relationship with each parent, assessing parenting skills, stability, living environment and similar factors. Sole custody is assigned in accordance with the best interests of the child, but shared custody is generally assumed. Sole custody is assigned as an exception in special cases. Psychological reports are regularly used to justify the need for sole custody. In such a situation, an experienced family lawyer should be consulted to discuss the exact procedure (and, if necessary, the available defence options).
The decisive factor, as in every custody case, is the child’s best interests. As a rule, the consent of both parents is required, and the court will prioritise the child’s best interests in its considerations. The parent proposing the move must provide legitimate reasons, such as job opportunities or family support, which the court will assess. In addition, the court will consider how the move might affect the child’s relationships and overall quality of life, considering factors such as communication and visitation arrangements with the non-relocating parent.
Legal representation is often advisable for parents to help navigate the complexities, while mediation or negotiation can help find mutually acceptable solutions. In the event of an international relocation without consent, legal action can be taken to ensure the child’s return to Germany complies with applicable international agreements.
Yes, if they exceed the reporting threshold of 50,000 euros and do not fall under an exception. Whether an exception applies always depends on the individual case.
The centrepiece of the formation of a GmbH is the articles of association. This must be notarized by a notary and contain the following minimum details:
- Company name (name of the company with GmbH suffix),
- registered office,
- object of the company,
- amount of share capital,
- capital contribution of each shareholder.
A managing director must then be appointed. Finally, the GmbH must be entered in the commercial register to finalise the formation.
Any natural person, partnership, or other legal entity can be a founding member. It is also possible to establish a “one-man GmbH” so that a single founding member is sufficient, see Section 1 of the German Act on Limited Liability Companies (GmbHG). The nationality of the founding member is also irrelevant for the formation of the GmbH. Foreigners can form a GmbH in Germany under the same conditions as nationals.
We strongly advise against unauthorised international adoption. According to Section 2b of the German Act on Adoption Placement and Support and on the Prohibition of Surrogacy Placement (AdVermiG), an international adoption procedure is not permitted without the involvement of a recognised international adoption agency. Under the new law, international adoptions carried out without an intermediary are generally not recognised in Germany, Section 4 para. 1 sentence 1 of the Act on the Effects of Adoption as a Child under Foreign Law (AdWirkG).
As the appeal results in a new assessment or examination procedure, it is theoretically possible that a lower grade will be awarded than the original result. However, based on our professional experience and discussions with colleagues, we can report that we are not yet aware of any cases of a “Verbösung” (deterioration of the grade).
The extension of a Schengen visa is subject to strict legal requirements and is only possible in rare cases. Recognised reasons for extension include:
- Late entry into the Schengen area after the start of the visa’s validity
- Humanitarian circumstances, such as urgent medical treatment or attendance at the funeral of a close relative
- Cases of force majeure, including natural disasters, exceptional weather events or pandemic situations
- Serious personal reasons, which are subject to particularly intensive official scrutiny
The application must be submitted to the local immigration office before the visa expires. Processing can take up to four weeks, during which time travel to other Schengen countries is not allowed.
It is not necessary for an adoption that the adopted person was born in Germany or is a German citizen. Accordingly, German law also offers the possibility of adopting adults who are not German. However, it should be borne in mind that an adoption is of no advantage to the person concerned when it comes to acquiring German citizenship. Other procedures should, therefore, be considered for this purpose.
A morally justified adoption of an adult without German citizenship is to be measured against the same criteria as that of a German. A close parent-child relationship is also decisive here. Therefore, an adoption that serves the sole purpose of enabling the person concerned to remain in Germany will not be granted.
Most people need to apply for a German Employment Visa first at a German Embassy or Consulate in their home country before coming to Germany. Once you arrive in Germany, you have three months to apply for the actual EU Blue Card at your local immigration office called the Ausländerbehörde. Citizens from the United States, Canada, Japan, Australia, Israel, South Korea, and New Zealand can skip the employment visa step and apply directly for the Blue Card. You will need several documents including your passport, employment contract, university diploma, health insurance proof, and evidence of where you live in Germany.
Yes, this is possible. If the child has received the marital name of the parents as their birth name according to Section 1616 German Civil Code and the parent in whose household the child lives (after the divorce) resumes their previous name, the child can also adopt this name.
The decisive – but not the only – difference in taxation already exists in assessing a partnership or a corporation. In the former, the shareholders are taxed through income tax, in the latter, the company itself is taxed through corporation tax.
The dependent branch office and the independent branch office may be considered. Although the independent branch is to a certain extent dependent on the company of the main branch, the branch participates independently in business transactions. The permanent establishment, on the other hand, only carries out ancillary business that serves to prepare, broker or execute the main business of the foreign company, which means that it does not participate independently in business transactions. The law of the country of the main establishment applies to both forms.
Due diligence overs the strengths and weaknesses as well as opportunities and risks of a company. All economic, legal, tax and financial circumstances are analysed and broken down as part of this audit process.
The maximum duration of pre-trial detention is generally six months, Section 121 (1) of the German Code of Criminal Procedure (StPO). However, if there are special reasons, this can be extended up to a total of 12 months. Pre-trial detention must be terminated immediately if the reason for detention or the urgent suspicion of an offence ceases to exist or if your legal counsel has effectively asserted a legal remedy.
The best advice regarding potentially reducing the period of detention is by seeking expert legal advice.
Due diligence includes assessing a company’s strengths and weaknesses, as well as its opportunities and risks. As part of this audit process, all economic, legal, tax, and financial circumstances are analysed and broken down.
The surviving spouse cannot revoke the Berlin will after the first succession. According to Section 2271 II BGB, they can only revoke their disposition by disclaiming what they have received, Section 2271 I BGB.
Due diligence comprises a company’s strengths and weaknesses, opportunities, and risks. As part of this audit process, all economic, legal, tax, and financial circumstances are analysed and broken down.
A legally enforceable enforcement order is a mandatory prerequisite for enforcement. The other requirements vary depending on the type of order and the enforcement measure applied (e.g., whether enforcement is against movable or immovable property).
That depends on the type of transaction. Commercial payments or large individual payments may have to be reported. Here, too, it depends on the exact circumstances of the individual transaction.
A starting capital of €12,500 is necessary and sufficient. However, this is only the amount considered enough to enter the German commercial register, see Section 7 Para. 2 GmbHG. The share capital of the GmbH must be at least €25,000, as this is the minimum liability amount of the company. However, this money can be spent for the company’s benefit after entry into the commercial register and does not have to remain in an account.
In addition to the share capital, the formation costs must be paid. These include all the expenses required to set up the company, particularly the notary’s fees, the court’s fees, and the charges of publicising the company.
Our German family and inheritance law practice groups are ready to draw up a joint will for you. In consultation with you, we draw up a legally secure will customised to your life and family situation. We also check the formal and substantive validity of private wills that you have already created. In connection with this, we draw your attention to favourable tax law aspects and new legal developments that are relevant to you.
Adoptions carried out following the Hague Convention are recognised in all contracting states. However, problems can arise if the country of origin is not a contracting state or the procedure is not carried out correctly. One possible consequence of an unrecognised adoption is the legal status of the child, as it is not considered a child in the sense of German family law and does not belong to the family. This gives rise to further legal problems, including maintenance claims and inheritance law, as well as the child’s nationality and residence status.
Examination appeals usually involve considerable time and work, so we only become involved in this area after concluding a fee agreement with the client. We are often asked about the approximate costs of an examination appeal. These can vary greatly depending on the amount of work involved, which is why we cannot provide fixed prices. The costs to be expected also depend on whether the appeal proceedings were successful or whether there are additional costs from any administrative proceedings. We will be happy to provide you with non-binding information on the costs to be expected in your proceedings on request.
Losing your job doesn’t automatically mean your EU Blue Card expires. The legal protection provisions vary depending on the length of your previous employment in Germany.
If you have been employed for more than two years, the law grants you a three-month period to look for a job without jeopardising your residence status. If you have not yet reached this two-year threshold, you must notify the relevant immigration office immediately. In any case, your new job must meet the salary requirements of the EU Blue Card in order to maintain its validity.
Until May 1, 2025, the adopted adult had to take the name of the adopter, so that the adoption was publicly documented.
This changed when the “Gesetz zur Änderung des Ehenamens- und Geburtsnamensrechts und des Internationalen Namensrechts” (the amending law on the German and International law relating to the use of the name) entered into force on May 1, 2025. Following an adult adoption, there is now no longer any obligation for the adopted adult to change their family name.
Adopted adults now have the following options:
- They can object to the name change and keep their original family name, § 1767 Para. 3 No. 1 BGB.
- They can form a double name consisting of their old family name and the family name of the adopting person(s), § 1767 Para. 3 No. 2 BGB. The double name may be written with or without a hyphen and may consist of a maximum of two name components.
- If the adopted adult is married and their birth name changes through adoption, this affects the marital name only if the spouse accepts the name change, § 1767 Para. 4 BGB.
All declarations regarding name changes must be certified and submitted to the competent family court before the final adoption.
You can change employers while holding an EU Blue Card, but there are specific rules depending on how long you have had the card. During your first 12 months of employment, you must notify the immigration authorities if you want to change jobs, and they have 30 days to approve or reject your request. After 12 months, you can change employers freely without asking permission. If you lose your job, you have exactly three months to find new employment that meets the Blue Card requirements. If you cannot find qualifying work within this time, the authorities may cancel your Blue Card and you might have to leave Germany.
Yes, this is now also possible according to Section 1617e Para. 4 German Civil Code: Stepchildren who had adopted the name of their stepparent can now revert this name (for example, in case of their parents’ divorce or when moving out of the joint household). The name reversion must be declared at the registry office.
Through the holding company, profits, or losses of one subsidiary can be included in the assets of another subsidiary so that the assets can be offset within the holding company as tax-efficiently as possible. In addition, a holding company can be exempt from corporate income tax or taxed at lower rates under certain conditions.
A dependent branch office is best suited for a temporary project in Germany. Setting one up usually involves little bureaucracy. In addition, no capital investment is required and the law of the country of the main establishment applies.
The company value is, of course, the decisive factor in every M&A transaction. However, contrary to what one might think at first glance, this is not only determined by the profit. Decisive factors in addition to profit are
- profitability and earning capacity,
- turnover,
- amount of equity,
- fixed assets, inventories, and receivables,
- employment relationships,
- industry, location, and company size.
- By successfully asserting legal remedies against pre-trial detention, such as the detention review and the detention complaint,
- if the reason for detention or the urgent suspicion of an offence no longer applies or
- by the passage of time.
The company value is, of course, the decisive factor in every M&A transaction. However, contrary to what one might think at first glance, this is not only determined by the profit. Decisive factors besides profit are:
- Profitability and earning capacity,
- turnover,
- amount of equity,
- fixed assets, inventories, and receivables,
- employment relationships,
- industry, location, and company size.
The company value is the decisive factor in every M&A transaction. However, this is not only determined by the profit. Decisive factors, in addition to profit, are
- Profitability and earning capacity,
- turnover,
- amount of equity,
- fixed assets, inventories, and receivables,
- employment relationships,
- industry, location, and company size.
The disclosure of assets is also an enforcement measure. It gives the creditor insight into the debtor’s financial and income situation. It can only be requested once the enforcement order has been issued.
In the asset disclosure, the debtor must truthfully disclose all relevant information and their entire financial situation (such as their employer, bank details, and a list of valuable items and real estate).
Providing asset disclosure has significant consequences for the debtor: They become uncreditworthy, and the entry of the asset disclosure in the debtor register can make it more difficult for them to find a job or apartment in the future.
Note: Asset disclosure used to be known as an “affidavit” or “declaration of disclosure.”
The rights all exist between parents and their children but are to be treated differently in legal terms and can also be enforced independently of each other. Custody rights describe parental responsibility. It includes aspects such as upbringing, healthcare, and education. The right of residence refers to the right to determine the child’s whereabouts and place of living. The right of access is a right of contact, especially for the parent with whom the child does not live.
Yes, if these payments are made internationally and exceed the reporting limit of 50,000 euros.
Divorce can have a significant impact on residence titles, especially if the original residence permit was based on marriage. However, the German Residence Act provides for protective provisions for non-EU nationals.
If the marriage lasted at least three years and you have lived in Germany continuously, it is generally possible to extend your residence permit for one year. This transition period allows you to establish alternative grounds for residence, for example by taking up qualified employment or enrolling at a German higher education institution.
“The family court may, on application by the adoptive parent and of the person adopted, cancel an adoption relationship with a person of full age that has been pronounced, if there is a compelling reason. In all other cases, the adoption relationship may be cancelled only by applying the provisions of section 1760 (1) to (5) accordingly. The application of the person to be adopted takes the place of consent by the child.” (Section 1771 BGB)
Compelling reason is deemed to exist if the parent-child relationship has failed. Therefore, the parties involved cannot reasonably be expected to continue the adoption relationship. Compelling reason can also be assumed if the parent-child relationship was established abusively, for example, for purely financial reasons.
Yes, one of the biggest advantages of the EU Blue Card is that you can bring your family to Germany through a process called family reunification. This includes your spouse or registered partner, children under 18, and other dependent family members like adult children or parents who rely on you financially. To bring your family, you need to prove that you can support them financially, have a job contract that lasts at least one more year, and provide adequate housing for everyone. Your family members will receive residence permits that last as long as your Blue Card, and they can work in Germany without needing separate work permits or meeting salary requirements.
Yes, adults can now redetermine their birth name once according to Section 1617i German Civil Code. The name change may only be carried out once and does not require a specific reason. There is one prerequisite: the parents did not have / do not have a common marital name and the (now adult) child accordingly only carries the name of one parent.
The following options are then available for redetermining the name:
- Adopt the name of the other parent
- Form a double name from both parents’ names, or
- Select a single name from an existing double name.
When assets are transferred to the family foundation, they no longer form part of your personal assets. As a result, it is not available for personal liability or creditor claims. Furthermore, the family foundation can help minimise inheritance tax, as the foundation’s assets are not considered part of a private estate. This can also reduce compulsory portion claims, as the estate is smaller.
In Germany, there is no generally applicable tax rate, nor are the types of tax incurred the same in every case. It always depends on the specific situation, particularly the form of the company purchase.
A pre-trial detention order is an arrest warrant necessary to take a suspect into custody. The competent investigating judge issues it, and it has the following requirements:
There must be an urgent suspicion of an offence. This is assumed if there is a high probability that the accused is the perpetrator of a criminal offence based on the investigation status.
The grounds for detention are specified in Sections 112(2) and (3) and 112a StPO:
- Flight or risk of flight,
- Risk of concealment: the suspicion that evidence will be destroyed or falsified by the accused themselves or by others or that witnesses and experts will be unfairly influenced,
- Suspicion of a capital offence, such as the formation of terrorist groups, murder, manslaughter, grievous bodily harm, and particularly serious arson,
- risk of repetition.
There is no generally applicable tax amount, and the types of tax incurred are not always the same. It always depends on the specific situation, in particular, the form of the company sale.
An amicable agreement should always be set out in writing to ensure legal certainty for both parties. It is important to define every detail precisely, especially the installment amount and due dates. It is advisable to have legal counsel present during the negotiations. This will ensure that the agreement is fair and legally binding.
As a rule, the parent who has custody of the child also has the right to determine the child’s place of living. However, the right of residence can also be separated from (other) custody rights. If the parents as joint custodians cannot agree on the right of residence, only one parent can be awarded the right of residence independently of the other custody rights. The best interests of the child are also the decisive factor when deciding on sole rights of residence.
Who the child lives with is not decisive for the right of residence. As a rule, the right to determine residence is based on the allocation of custody rights. However, this is also separate from who the child lives with. The child can live with the mother, while the parents share custody and the right to determine residence. Irrespective of the right of residence, the father with whom the child does not live or the parent with whom the child does not live at least has a right to contact with the child.
Violations can be penalised with fines of up to 30,000 euros. In addition, each unreported payment is considered a separate administrative offence.
The commercial register is open to public inspection and provides your business partners with information about your company’s key economic circumstances. Registering your company with your company name protects it against other names. The entry also shows that you or your company are subject to the regulations for merchants (HGB). These regulations simplify legal transactions between merchants and make them less time-consuming than between non-merchants.
The following information is always entered in the commercial register:
- Company name,
- names and dates of birth of the management,
- registered office, branches, and subsidiaries with details of the respective address,
- object of the company,
- authorised representatives (Prokura), their names and dates of birth,
- special powers of representation,
- legal form,
- amount of share capital, limited partnership capital or nominal capital,
- date of first registration,
- opening balance sheets,
- annual financial statements.
It is advisable to consult a lawyer specialising in German corporate law to avoid unnecessary formal errors in this step.
The extension of an ICT card is particularly complex and differs fundamentally from other residence permits. There is no provision for a direct extension of the existing ICT card. Instead, continued residence after the expiry of the original card requires a completely new application process.
In this case, a mandatory six-month interruption of residence in Germany (‘cooling-off period’) must be observed before a new ICT application can be submitted. The new application process usually takes up to 90 days, but can be completed more quickly under favourable circumstances.
The EU Blue Card provides a fast track to permanent residency in Germany. If you can demonstrate that you speak German at B1 level, you can apply for permanent residency after just 21 months of holding the Blue Card. If you don’t speak German at that level yet, you can still apply for permanent residency after 33 months. This is much faster than other types of residence permits, making the Blue Card an attractive option for people who want to build a long-term life in Germany.
Yes, the new German name law allows gender-adapted forms of surnames. For example, for members of the Sorbian people or for other persons whose name forms follow foreign traditions (like for women adding the suffix “-owa” to their name once they are married). Also, patronymic or matronymic names (i.e., names derived from the first name of the father or mother, for example “Jansen” or “Albertsen”) are now possible, for example. These new regulations thus make it easier for families to show their cultural heritage through their name.
Some companies are particularly suitable for asset protection due to the possibility of limiting liability to the company’s assets. In the context of asset protection, the following “asset protection companies”, in particular, come to the fore:
- Holding company,
- family foundation,
- trusts,
- limited liability company,
- offshore companies.
Efficient risk management in M&A includes
- careful preparation with professional support,
- comprehensive due diligence,
- precise contract drafting,
- risk allocation,
- conclusion of appropriate insurance policies.
If a criminal trial ends in an acquittal or the opening of the main proceedings has already been rejected, it is possible to claim damages. Compensation for loss of earnings and lost profits is also possible, as well as claims for compensation for pain and suffering. We will check your chances of success regarding the assertion of claims – please, do not hesitate to contact us.
Efficient risk management in M&A includes
- careful preparation with professional support,
- comprehensive due diligence
- precise contract drafting,
- risk allocation,
- conclusion of appropriate insurance policies.
The seizure of items, known as “Sachpfändung,” is carried out by a bailiff. The bailiff either takes the debtor’s seizable items with them or affixes a seizure seal (known as a “cuckoo”) to items that remain with the debtor to indicate that they have been seized. The items are then sold at public auction, and the proceeds are paid to the creditor.
Primarily, parents have a right of access, i.e. the right to have contact with their child. This right exists independently of custody or residence rights. Grandparents or other close relatives may also have a right of access to the child. The right of access is intended to ensure that a relationship with the parents remains in favour of the child and that the child’s emotional and social development is encouraged in the best possible way. Individual contact arrangements can be agreed between the parents or by the court. To prevent unnecessary disputes, it is advisable to draw up a contractual contact arrangement with the help of a family lawyer, which stipulates how and when the parent with access rights has contact with the child.
The reporting obligation, as such, is not subject to a statute of limitations. However, the authorities can demand a fine for failure to do so. According to. § 31 of the Administrative Offences Act, the limitation period is 3 years.
There is no general answer to this question, as it depends entirely on your individual goals, needs and the nature of your business. Relevant differences between the company forms that you should include in your considerations are in particular
- liability,
- equity capital and formation costs,
- image and external perception,
- company size,
- taxes.
It is advisable to seek legal and tax advice, especially when choosing the proper company form, to ensure that you make the best possible decision for your company.
In the context of the adoption of a minor, the child continues to receive the family name of the adopter as their birth name, cf. Section 1757 German Civil Code. Since adopted children hold the same legal rights as biological children, the legal situation of the new German name law applies to them accordingly, cf. Section 1754 German Civil Code.
International corporate structures are particularly relevant for cross-border asset protection. This requires careful expertise, as these are highly complex legal structures in which different legal systems and agreements interact and apply. Strategic asset transfers across national borders are also possible. However, they should always be protected by legal advice to ensure that no laws are violated, and you cannot be held liable – or even have criminal proceedings initiated against you (e.g. for tax evasion, fraud, or breach of trust).
An experienced lawyer will immediately check the basis of the arrest warrant. This includes
- The investigation of evidence that refutes the assumption of a reason for detention. For example, courts often hastily assume a risk of absconding.
- As well as a comprehensive examination of whether the pre-trial detention order is proportionate.
- The lodging of appeals, such as a detention review or a detention appeal, must also be considered.
At the same time, our German lawyers immediately prepare the criminal defence. After inspecting the files, we will develop a defence strategy tailored to your case.
Our practice group of experienced German criminal defence lawyers at Schlun & Elseven has extensive experience in the successful release from custody and criminal defence of our clients. Contact us now if you or someone you know is in pre-trial detention or at risk of imminent arrest.
Debtors can keep a certain amount for themselves, even in the event of foreclosure, to secure their livelihood. This is to ensure that they can continue to pay their rent and buy food, for example. The seizure exemption limit is currently €1,402.28. This amount is adjusted annually on July 1.
No. The parent without custody is entitled to contact rights. Access rights are independent of custody rights. Contact rights and their limits are determined by the court and are only restricted or prohibited if contact with one parent jeopardises the child’s welfare. However, this is an absolute exception. If such a case arises, it is highly advisable to consult an experienced family lawyer regarding the available options for action.
Legal advice is advisable, particularly in the case of impending fines, but also in the case of complex transactions and uncertainties regarding the reporting obligation.
The most obvious difference lies in the name of the company. In the case of a GmbH, the suffix “GmbH” appears after the chosen company name. In contrast, the suffix “UG (haftungsbeschränkt, limited liability)” or “Unternehmergesellschaft (haftungsbeschränkt)”/”Entrepreneurial (company limited liability)” appears after the company name of a UG.
A significant difference lies in the amount of the minimum share capital. While this is €25,000 for a GmbH, a UG can be founded with as little as €1. The UG form was introduced to make it easier for founders with limited financial resources to start. It is, therefore, well suited for start-ups. However, due to the lower share capital, the UG may be perceived as less serious than a GmbH. The creditworthiness can also be rated lower. Over time, however, a UG must increase its share capital if the financial circumstances permit this, as noted in the German commercial register, so that the respectability and creditworthiness could be equalised over time.
Another key difference is the appropriation of profits. This is very flexible in the case of a GmbH. In the case of a UG, there are fixed guidelines on how the profit is to be utilised.
Yes, this is now possible. Until May 1, 2025, the adopted adult had to take the name of the adopter, so that the adoption was documented “to the outside world.” However, this has changed with the entry into force of the new Name Law in Germany on May 1, 2025.
Following the adoption process, there is now no longer any obligation to change the family name. Adopted adults now have the following options:
- They can object to the name change and keep their previous family name, Section 1767 Para. 3 No. 1 German Civil Code.
- They can form a double name consisting of their old family name and the family name of the adopting person(s), Section 1767 Para. 3 No. 2 German Civil Code. The double name can be written with or without a hyphen and may consist of a maximum of two name components.
- If the adopted adult is married, you need to note: If the birth name changes through adoption, this affects the marital name only if the spouse joins this name change, Section 1767 Para. 4 German Civil Code.
All declarations regarding name choice must be officially certified and submitted to the competent family court before the final adoption.
Yes, in principle, asset transfers are legal and also desirable. Asset transfers can be gifts, the transfer of assets in the event of inheritance also falls under the term or the transfer of assets to a company or foundation. However, the principle of asset protection must be observed here: Asset transfers must be made before a liability event occurs. Otherwise, the creditor can contest the asset transfer. In such a case, criminal proceedings for fraud or similar could be initiated – especially if you can prove intent.
Even before the actual foreclosure, both the creditor and the debtor should consult a lawyer. A lawyer specializing in foreclosure law will review the outstanding claims from a legal perspective and provide you with strategic advice on every further step. For effective foreclosure, it is crucial that possible measures and legal steps are initiated immediately and correctly.
A breach of an ordered contact arrangement in Germany has significant legal consequences. The orders of the German family courts are legally binding, and both parents are expected to accept the conditions laid down. Intentional violations can lead to criminal charges, possibly even charges of child abduction.
The managing director of a GmbH has a special position and responsibility. For this reason, he is liable following Section 43 GmbHG if he violates his obligations – with his personal assets. As liability towards a GmbH is likely to involve large sums in the event of liability, the managing director can protect himself with so-called D&O insurance (Directors and officers liability insurance).
Yes, inheritance tax can be legally avoided. German law provides some possibilities, particularly the allowances for close relatives. In addition, certain assets are already tax-exempt by law. Therefore, Inheritance tax can be avoided or minimised through skilful asset and estate planning.
In case of acute danger, you should immediately contact the police and apply for temporary protective orders. As a general rule, you should also inform the youth welfare office and, in a further step, seek legal assistance. They will inform you and review further options for you.
The taxation of a GmbH in Germany is subject to various types of tax. Firstly, corporation tax is payable. This is based on the GmbH’s profit and amounts to 15% plus the solidarity surcharge, resulting in a total tax rate of 15.825%. VAT and capital gains tax are also due. The GmbH is also liable for trade tax. As this is a municipal tax, the amount depends on the city or municipality in which the GmbH has its registered office.
The company name of a GmbH, as with all companies entered in the commercial register, serves the purpose of appearing under a specific name in legal transactions. It is crucial that the chosen company name is individual, does not mislead and contains a clear addition to the legal form (such as “GmbH”).
Usually, a company name comprises a particular fantasy term and/or a memorable combination of letters. The careful selection of a unique and appropriate company name is of significant importance, as this characterises the company’s identity and must comply with legal requirements. A review of the planned company name by a trademark lawyer can ensure that all requirements are met, and potential legal problems are avoided.
Practice Group for M&A
Practice Group for M&A
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