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 non-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 defenses 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 defense 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 defense 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.
Defenses 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.
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.
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 defenses 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 defense tailored to the specific circumstances of the seizure.
The succession splitting system means German residents with Turkish property face Turkish inheritance law for their real estate while German law governs their other assets. This creates complex estate planning challenges, particularly around forced heirship rules, spousal inheritance rights, and tax optimization strategies that require coordination between both legal systems.
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 defense 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.
Property purchase requirements vary by transaction type and complexity – residential purchases, commercial acquisitions, and large investments may have different attendance requirements. Turkish land registry procedures differ significantly from German notarial systems, and certain transactions may require personal attendance that can be minimised through proper power of attorney arrangements.
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.
No — and this misunderstanding can have serious consequences. Because Kindergeld is classified as a tax rebate under Section 31 EStG, it falls within the scope of German tax law, including its criminal provisions. Repayment does not end the process: the Familienkasse continues to assess independently whether criminal charges for tax evasion should be pursued. The first step should not be a bank transfer but a consultation with a lawyer specializing in German tax criminal law — to review the notice, protect any applicable deadlines, and secure your position from the outset.
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 defense lawyer. Contact a lawyer as soon as possible to ensure your rights are protected throughout the investigation.
Our criminal defense lawyers provide critical support during fraud investigations by offering legal advice, ensuring your rights are protected, and developing a robust defense strategy. We will review the evidence, represent you during interrogations, and work to resolve the matter favourably, potentially avoiding criminal charges or reducing penalties.
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.
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 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.
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.
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.
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.
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.
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.
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.
Not recommended. Any direct contact with German authorities carries the risk of damaging your criminal case through careless statements. All communication with the German prosecutor’s office should go through your defense lawyer.
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.
German forced heirship (Pflichtteilsrecht) guarantees close relatives a minimum inheritance share through monetary claims, while Swiss forced heirship differs. The EU Succession Regulation does not apply to Switzerland. German law applies to the estates of German residents, although testators may elect to use Swiss law. Wills executed under Swiss law require review for German validity.
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.
Generally yes, provided the marriage was lawfully contracted in the country where it took place. Documentary requirements — including apostillation, legalization, and certified translation — will depend on the country of origin. Legal advice is recommended to ensure documents are in the correct form before immigration applications are submitted.
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.
For most Skilled Worker Visa applications, yes. The BA verifies that employment terms meet German standards. Where the role is classified as a shortage occupation, however, the priority check no longer applies.
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.
In Germany, children under the age of 14 are not criminally responsible. This means they cannot be prosecuted criminally, regardless of the severity of the act. Instead, when children misbehave, family law and youth protection measures are applied through the youth welfare office (Jugendamt) or the family court (Familiengericht). Criminal responsibility begins only upon completion of the 14th year of life.
If you or someone you know is facing an urgent criminal law situation – an arrest, a house search, a police summons, or any other matter requiring immediate legal advice – contact our criminal defense team directly. We are available around the clock and respond to urgent inquiries as a priority.
You can reach us by phone at +49 221 93295960, by email at info@se-legal.de, or via the contact form on our website. Our lawyers advise in English from the first contact.
It can be particularly demanding because the legal systems are based on different foundations: Germany follows codified civil law (BGB), the USA follows case law of common law. This leads to differences in contract interpretation, liability, warranty, and contract practice.
Yes, citizen’s arrests are legal in Germany under Section 127 para. 1 StPO. However, the right is strictly limited. A private individual may only make a temporary arrest if three conditions are simultaneously met: the person must be caught in the act or in immediate pursuit; there must be a flight risk or their identity cannot be immediately established; and a criminal offense must have been committed. If any one condition is missing, the arrest is unlawful.
Responsibility depends on the nature of the violation. For reporting violations under Section 67 AWV, the competent Main Customs Office is generally the appropriate recipient; the German Federal Bank and BAFA are generally not responsible for receiving self-disclosures. Legal advice in advance is recommended in every case to ensure the disclosure is directed to the correct authority and to avoid procedural errors.
The German Criminal Code does not contain a single unified corruption offence. Instead, it covers a range of individual offences — including the acceptance and granting of advantages, corruptibility, and bribery — applicable both in the public sector and in commercial transactions. Criminal liability can arise at an early stage: the mere demand or offer of an advantage may be sufficient, without any money having changed hands or a specific service having been agreed.
In principle, at any time by means of a shareholders’ resolution under Section 38(1) GmbHG. However, the articles of association or any employment agreement may impose restrictions that require important grounds to exist before removal can take place.
The German Commercial Code (Handelsgesetzbuch, or HGB) is the primary statute governing commercial law in Germany. It applies to merchants (Kaufleute) — individuals and companies engaged in commercial trade as defined under the HGB — and governs matters including commercial agency relationships, distribution arrangements, warehouse agreements, and commercial accounting obligations. Unlike the German Civil Code (BGB), which applies to all persons, the HGB sets out rules specific to commercial traders that supplement and, in some cases, override general civil law. Foreign companies conducting trade in Germany are subject to its provisions in the same way as domestic businesses.
Yes. GmbH shares are freely inheritable under German law regardless of where the heir lives. Under the principle of universal succession, the shares pass to the heir automatically at the moment of death. However, the company’s articles of association (Satzung) may impose conditions on the heir’s continued shareholding — such as requiring the approval of co-shareholders or the transfer of shares against compensation — and these must be reviewed without delay.
Residence permit applications typically require a valid passport, biometric photographs, proof of health insurance, and financial documentation. Specific documents depend on permit category such as employment contracts or educational certificates. All foreign documents must include certified German translations.
Yes. The limited liability of the GmbH protects its shareholders from personal liability for company debts. It does not protect the managing director. Where a director breaches their duties under Section 43 GmbHG, fails to meet tax or social security obligations, or delays an insolvency filing, personal liability from private assets can arise independently of the company’s liability status.
Germany places no general restrictions on foreign nationals or foreign-incorporated companies purchasing commercial property. The purchase process follows the same legal framework regardless of the buyer’s nationality or country of incorporation, including the notarization requirement and land registry registration. International buyers should consider their reporting obligations in their home jurisdiction and take advice on the most appropriate acquisition structure before proceeding. Legal advice at the outset helps ensure the structure is both compliant and commercially efficient.
Not necessarily. Middle Eastern companies can operate through branch offices, commercial agents, or direct contracting, depending on business activities and scope. However, establishing a German GmbH (€25,000 capital) or AG (€50,000 capital) provides liability protection and operational advantages for significant German market presence. We analyze your business model to recommend suitable structures, taking into account liability, taxation, and operational requirements.
Processing times at German missions abroad vary by location, application volume, and individual case circumstances, and officially stated timeframes are routinely exceeded. Processing times at the Ausländerbehörde for the subsequent residence permit vary similarly. Exceeding a stated timeframe does not automatically create grounds for legal action. The question is whether the total delay, in the context of all relevant circumstances, exceeds what is reasonable — a determination that requires assessment of the individual case.
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 GmbH (€25,000 minimum capital) offers the strongest credibility with German banks and business partners. The UG (€1 minimum capital) enables capital-efficient market entry with conversion to GmbH as reserves grow. Branch offices allow operations without forming a separate entity but create higher parent company liability exposure.
Under Section 95(1) of the Residence Act, both illegal entry and unauthorised residence are punishable by imprisonment of up to one year or a fine. Additionally, deportation or expulsion may occur, and an entry may be made in the Federal Central Register. In certain cases, pre-trial detention or deportation detention may also be ordered.
No. A suspended sentence does not automatically bar entry to the Schengen Area. The decisive question is whether any accompanying measures – such as an entry ban or arrest warrant – were imposed, and whether those have generated entries in law enforcement databases.
The abbreviation GmbH stands for “Gesellschaft mit beschränkter Haftung” (limited liability company).
Company registration in Germany duration depends on your chosen company type, document preparation efficiency, and local court processing times. Simple structures like partnerships may complete registration more quickly, while complex stock corporations (AG) typically require longer processing periods. Professional legal support can help streamline the process and avoid delays.
No. The status arises automatically by operation of law after five years of lawful and uninterrupted residence. Applying for the certificate of permanent residence from the foreigners’ authority is nonetheless advisable — while purely declaratory, it serves as useful evidence when dealing with employers, landlords, or banks.
Not necessarily. However, the public prosecutor’s office regularly directs investigations into workplace accidents toward managing directors, who serve as the company’s legal representatives. The determinative question is who bears occupational health and safety responsibility under Section 13 para. 1 ArbSchG. Whether proceedings ultimately result in an indictment depends on the outcome of the investigation and the defense strategy employed.
Remain calm and exercise your right to remain silent. Request immediate legal representation and ask for consular assistance if you are not a German citizen. Our attorneys provide emergency support at Düsseldorf Airport and can coordinate with embassies and consular representatives. We regularly handle cross-border legal issues that arise at this major international hub.
The answer depends on the sponsor’s status. Swiss citizens are entitled to bring their foreign spouse and children under 18. EU/EFTA nationals may bring their spouse, children under 21 or receiving support, and dependent parents — with the exception of students, who may only bring a spouse and dependent children. C permit holders are entitled to bring a spouse and children under 18 subject to the conditions of Section 43 AIG. B permit holders may bring the same family members on a discretionary basis under Section 44 AIG.
Yes, under certain conditions. If the person obligated to leave is themselves in need of care, or is caring for a relative who could not be adequately looked after without them, this can establish a legal or factual obstacle to deportation. The key requirement is that this obstacle must be proven to the immigration authority, generally through qualified medical certificates and supporting documentation. Legal representation is strongly recommended in these proceedings.
Divorce costs in Germany vary based on the contested value of your case, which includes assets, maintenance claims, and other financial matters. Court fees are set by the Court and Notary Costs Act (GNotKG), while legal fees follow the Lawyers’ Remuneration Act (RVG). Uncontested divorces typically cost less than contested cases requiring extensive litigation. International cases with complex assets or cross-border elements may incur additional costs for translations, expert valuations, and specialised legal work.
The property is included in the final assets at its market value (Verkehrswert) at the time of service of the divorce petition, less any outstanding liabilities. The ownership position in the land register remains unaffected by this calculation.
German companies face significant differences in Turkish corporate governance, including mandatory Trade Registry filings, different director liability frameworks, and distinct shareholder meeting requirements. Turkish corporate law also requires specific documentation standards and regulatory approvals that differ from German procedures, particularly for sectors like banking, insurance, and telecommunications.
The correct route depends on the individual’s qualifications, salary, and employment situation. The EU Blue Card applies to university graduates who meet the applicable salary threshold; the Skilled Worker Visa covers those with recognized vocational qualifications; the ICT Card applies to intra-company transfers; and the CEO Visa covers executives and managing directors. Our lawyers assess each case and manage the application from start to finish.
No. A residence permit issued by an EU member state authorizes residence in that country only. It does not grant the right to reside, work, or settle in Germany or any other EU member state. To live in Germany, third-country nationals must apply separately for a German residence permit.
An estate case is considered international as soon as it has connecting factors to more than one country — for example, because the deceased was last resident abroad, assets are located in several countries, or the parties involved hold different nationalities.
A driving ban (Fahrverbot) is a temporary suspension lasting one to three months, after which the physical license is automatically returned, and the driver may resume driving without further action. License revocation (Führerscheinentzug) cancels the driving authorization entirely. The driver must wait out a disqualification period of at least six months, then reapply from scratch — typically including a Medical-Psychological Assessment (MPU) — before being permitted to drive again.
The self-employment visa under Section 21(1) AufenthG is for entrepreneurs establishing a commercial enterprise – typically a GmbH or other registered business. The freelance visa applies to practitioners of the liberal professions (freier Beruf) – such as doctors, architects, journalists, and artists – who work under their own name, do not register with the trade register, and do not pay trade tax. The two routes carry different legal requirements, and the applicable route depends entirely on the nature of the planned activity.
It depends on what the work involves, not just how long it lasts. Certain short-term activities — including contract negotiations, contract monitoring, trade fair visits, and supervisory work by senior employees — are not considered employment under German law and do not require a work permit. However, substantive technical or commercial project work that falls outside these defined categories requires proper authorization even for very short stays. A business Schengen visa covers entry for the exempt activities; it does not authorize project work more broadly.
A commercial lease agreement (Gewerbemietvertrag) is a contract under which a landlord grants a tenant the right to use business premises in exchange for rent, governed by the German Civil Code (BGB). Unlike residential leases, commercial leases offer both parties broad contractual freedom, as most statutory tenant protections do not apply. This makes the written agreement itself the primary legal safeguard for both sides.
You need legal support for estate planning (testament drafting, inheritance contracts, business succession, compulsory portion strategies) or estate settlement (distribution, communities of heirs, renunciation, certificates of inheritance, compulsory portion claims). We work with both German and international clients, serving them in English.
Your right of residence under the FreizügG/EU ceases to exist. You become subject to the general provisions of the AufenthG and must either apply for a residence title or leave Germany. In most cases the decision is accompanied by an entry and residence ban. Legal advice should be sought immediately.
Good cause exists where a shareholder has seriously and persistently breached their obligations to the company, and after weighing all the interests involved, the other shareholders have no other reasonable option left besides separation. Courts assess this on a case by case basis, so a single dispute or disagreement rarely meets the threshold on its own.
An equity stake held by a manager in the target company, legally separate from the employment agreement under German law and frequently the more financially significant element of their overall position.
Under German law, a contract is formed when two parties exchange declarations of intent – an offer and an acceptance – that correspond in content. No written document is required for most contract types, but a written or notarial form is mandatory for certain agreements, including property purchases and marriage contracts. A contract that does not comply with a mandatory formal requirement under Section 125 of the BGB is null and void.
Extradition law governs the legal conditions under which one state transfers a person to another state for the purposes of criminal prosecution or the enforcement of a sentence. Its basis lies in national legislation — in Germany, primarily the IRG — as well as international agreements and bilateral treaties. Throughout any extradition proceeding, the fundamental rights of the person concerned must be observed and protected.
Germany does not issue residence permits in exchange for passive financial investment[RW1.1]. The primary route for investors is the entrepreneur residence permit under Section 21 of the AufenthG, which requires an active business establishment and management in Germany. The business concept, financing, and anticipated economic contribution are all assessed individually.
Legal support is called for whenever a passport cannot be obtained through the normal route via an embassy or consulate and immigration law consequences are likely to follow. This applies in particular where foreign authorities refuse or delay issuing a passport, where identity is unclear, where civil status documents are missing, and where an expiring passport threatens to jeopardize the renewal of a residence permit. The earlier an immigration lawyer is brought in, the greater the range of options available.
This depends on the specific residence permit and its ancillary provisions. If the permit bears the note “employment permitted,” secondary employment is generally possible. For residence permits tied to a specific purpose, the restrictions entered on the permit govern. We review the existing residence permit and clarify whether and to what extent secondary employment is permitted.
Under Section 1(12) GwG, a politically exposed person (PEP) is any natural person who holds or has held a prominent public position at international, European, or national level, or a public position below national level of comparable political significance. The list includes heads of state and government, ministers, members of parliament, and senior officials of central banks, state-owned enterprises, and international organizations, among others. Companies that need guidance on how to classify specific individuals should consult a lawyer specializing in compliance for a legal assessment.
Legal fees depend on the complexity of the case and the court procedures involved. German lawyers charge based on statutory fee schedules for court proceedings and hourly rates for advisory work. International cases may require additional time for document translation and coordination with foreign authorities.
Yes, provided the departure takes place while the visa-free period is still valid. A U.S. citizen who leaves Germany before their 90 days have elapsed may re-enter the following day and begin a new 90-day visa-free period from scratch. The key condition is that the departure must be timely — a U.S. citizen who has already exceeded the 90-day limit before departing has overstayed and cannot rely on this re-entry right.
Yes. If the heir is resident in Germany, the entire estate is subject to German inheritance tax under Section 2(1) No. 1 ErbStG, even where assets such as a property are located in Turkey. Schlun & Elseven’s lawyers review, on a case-by-case basis, to what extent tax already paid in Turkey can be credited in Germany under Section 21 ErbStG.
Companies must ensure that AI deployment does not violate personality rights under German and EU law. This includes obtaining effective consent for using images, voices, or personal data in AI systems, as well as maintaining strict compliance with GDPR requirements for international operations in Germany.
Since the reform in June 2024, acquiring a foreign citizenship through application no longer automatically results in loss of German citizenship. For cases that occurred before this date, and for other grounds of loss such as voluntary service in foreign armed forces or naturalization obtained through fraud, separate rules apply that must be reviewed individually. Our lawyers at Schlun & Elseven Rechtsanwälte analyze each client’s individual situation and clarify whether and which grounds for loss actually apply.
It is demanding because the legal systems are based on different foundations: Germany follows codified civil law (BGB), the USA follows case law of common law. This leads to differences in contract interpretation, liability, warranty, and contractual practice.
If you’re arrested for illegal street racing, remain calm and exercise your right to remain silent. This protects you from making statements that prosecutors could use against you. Please contact our firm as soon as possible to discuss your case with our experienced criminal defense lawyers. We’ll guide you through the process, protect your rights, and work to achieve the best possible outcome for you.
Yes. The provision does not distinguish by type, duration, or scope of employment. Fixed-term, marginal (low-hour or low-income positions below statutory thresholds), and project-based roles all trigger the notification requirement, provided the employee was recruited from abroad.
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.
The main permit categories for work purposes are the L permit (short-stay, up to one year), the B permit (residence, more than one year and renewable), the C permit (settlement, unlimited duration), and the G permit (cross-border commuter). The applicable category depends on the duration of employment, the nature of the activity, and whether the applicant is an EU/EFTA national or a third-country national.
Computer fraud under German Law is the manipulation of data processing operations to obtain an unlawful financial advantage. Unlike “regular” fraud, it is not a person who is deceived, but an automated system that is manipulated.
When you are accused under Section 113 StGB, the prosecutor’s office typically opens an investigation. You may receive a summons for police questioning. In this situation, you have the right to refuse statements and consult a lawyer. We strongly recommend exercising your right to remain silent and seeking legal advice immediately before making any statements about the allegations.
Business Immigration encompasses all legal aspects of immigration related to business activities – including the recruitment of qualified professionals, corporate relocations, investor activities, and business formations. As Europe’s strongest economic power, Germany attracts international business activities, but the associated immigration processes are often complicated and lengthy. Schlun & Elseven Rechtsanwälte serves as a specialized partner in applying for visas and residence permits for employees and supports companies looking to relocate to Germany or establish a subsidiary or branch office. Through our experience in dealing with authorities, we ensure accelerated application procedures.
This depends on the nature of the personnel deployment. Costs for direct loss remediation are generally reimbursable; costs for loss assessment and out-of-court claims handling are generally not, unless the expenditure reaches an exceptional scale in the individual case.
Yes. Within the EU, the EU Recovery Assistance Act (EUBeitrG) enables foreign tax authorities to enforce claims against assets in Germany through German enforcement authorities. For claims from the United Kingdom and the USA, comparable routes exist under the OECD Convention on Mutual Administrative Assistance in Tax Matters and, in the case of the UK, Article 28 of the Germany-UK Double Taxation Convention. In none of these cases is prior review by a German court required.
As a general rule, ignorance does not provide protection from liability if it amounts to gross negligence. A managing director who neglects the company’s tax affairs cannot typically rely on a lack of knowledge as a defense.
Under the Union Customs Code, goods placed in temporary storage at a German customs office may be held for a maximum of 90 days. Within this period, the goods must be assigned a customs procedure – typically release for free circulation following clearance – or re-exported. Where a formal investigation or detention order is in place, separate procedural timescales apply and the situation requires prompt legal assessment.
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.
In straightforward cases with complete documentation, processing typically takes between three and six months. Where documentation is incomplete, archival research is required, or legal remedies are pursued, the procedure may take between one and three years.
Status ends when the diplomat’s functions cease and the Auswärtiges Amt is notified of the departure. Under standard German practice, those affected have up to three months from the date of deregistration to leave Germany or to apply for a regular residence permit. Anyone who allows that period to pass without securing a follow-on status risks being in Germany unlawfully. We recommend starting the planning process early — ideally several months before the mission ends.
Yes, African companies can operate through German branches (Zweigniederlassungen) that remain part of the parent company while conducting business in Germany. Branches must register in the German Commercial Register and comply with German commercial law and tax obligations; the parent company bears unlimited liability for the branch’s activities. This structure suits companies that want a direct German market presence without the need for separate legal entities.
In most cases, one month from receipt of the written decision. Where the BVA fails to include a proper legal remedy instruction (Rechtsbehelfsbelehrung), this may extend to one year — but that is not a reason to delay. Contact a lawyer as soon as you receive any BVA correspondence about your citizenship.
The EU Blue Card remains valid for three months after losing your job. This grace period gives cardholders sufficient time to find new employment without immediately losing their residence status. It’s important that you must immediately inform the immigration office about the job loss. Open communication with the authorities is crucial to avoid legal complications and ensure a smooth transition.
AI law is not a separate legal field, but an interdisciplinary area where existing laws intersect with artificial intelligence technology. This includes data protection law, copyright law, personal rights, civil liability, and regulatory requirements under the EU AI Act. International companies using AI systems in Germany or EU markets must comply with these overlapping legal frameworks.
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.
Not necessarily. Under Section 19c (2) of the German Residence Act, IT and AI specialists with at least three years of relevant professional experience gained within the last seven years can qualify without a degree, provided their salary meets the applicable threshold.
Skilled workers can apply for a settlement permit under Section 18c German Residence Act after 36 months of legal residence in Germany. Requirements include corresponding pension contributions over 3 years, secured livelihood without state assistance, German language proficiency B1 level, successful integration course completion, and adequate accommodation. Graduates of German universities or vocational training programs can obtain permanent residence after only 24 months.
All dismissals must be in writing per Section 623 BGB – emails, text messages, and oral dismissals do not count. Beyond form, the dismissal must be “socially justified” based on personal, conduct-related, or operational grounds. For operational dismissals, proper social selection (considering age, tenure, family obligations) is required. Many dismissals that would be valid in other countries fail in Germany due to these requirements.
Internal investigations are company-led inquiries into potential violations of law, compliance policies, or internal regulations. They allow companies to establish facts independently, in a controlled and confidential manner, before regulatory authorities or prosecutors become involved.
In certain circumstances, yes. Indian nationals working in information technology may qualify for the EU Blue Card on the basis of at least three years of relevant professional experience, in roles such as software development, systems analysis, or database and network administration, without holding a university degree. This provision under Section 18g(2) AufenthG is specifically designed to recognize the realities of the IT sector, where highly skilled professionals frequently develop expertise outside formal academic pathways. The applicable salary threshold for this route is €45,934 gross per year for 2026.
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.
Under Section 43 GwG, a bank is both permitted and required to hold a transaction and file a suspicious activity report with the FIU once there are concrete indications of possible money laundering. For crypto withdrawals, such an indication exists as soon as the source of funds cannot be substantiated using bank-compatible documentation. An account freeze is a precautionary measure — not a conviction.
Processing times vary significantly by location and case complexity. Each immigration office (Ausländerbehörde) operates under different workloads and staffing levels, making it difficult to provide universal timeframes. The key issue is not the specific duration but whether authorities are actively processing your case and communicating progress regularly. If you have not received any communication for an extended period, this may indicate administrative inaction rather than normal processing delays.
Yes. Neither the AG nor the GmbH requires Swiss citizenship or Swiss residence. Foreign founders must, however, ensure that at least one person authorized to represent the company — a member of the board of directors or the managing director — is resident in Switzerland.
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.
Robbery under Section 249 StGB means taking someone else’s movable property through violence or threats of immediate danger to life or limb, with intent to keep the property unlawfully. The minimum sentence is one year in prison.
German banks apply enhanced due diligence to Iranian nationals due to their status on the FATF blacklist, which requires comprehensive documentation beyond standard requirements. This includes proof of German residence, detailed business plans that demonstrate no Iran-related transactions, documentation of the source of capital, and tax compliance records. We prepare documentation packages that address specific compliance concerns and can identify alternative financial service providers with different risk assessment procedures when traditional banking relationships are no longer viable.
The duration of criminal proceedings varies considerably depending on the complexity of the case. Simple proceedings can be concluded within a few months, while complex (white-collar) criminal proceedings can last many years.
Modern deepfakes are often difficult to spot. Look out for anomalies such as unnatural eye movements, inconsistent lighting conditions or errors in the synchronisation of sound and image.
The GmbH (with a minimum capital of € 25,000) offers the strongest credibility with German banks and partners. The UG (€1 minimum) enables budget-friendly market entry with the option to later convert to a GmbH. Branch offices enable full commercial operations without forming a separate entity, but expose the parent company to higher liability. We help you select the optimal structure based on your capital position, credibility needs, and risk tolerance.
German courts typically have jurisdiction over international divorce cases under the Rome III Regulation when spouses have their habitual residence in Germany at the time proceedings begin. However, jurisdiction can be complex when:
- Spouses have different places of habitual residence
- There are existing prenuptial agreements specifying jurisdiction
- Other EU countries may also claim jurisdiction
Our legal team provides comprehensive jurisdictional analysis to determine the most advantageous court system for your specific circumstances and ensure your divorce proceedings are conducted in the appropriate jurisdiction.
Cross-border employee deployments between Germany and Switzerland require compliance across employment law, social security, taxation, and work authorization — in two legal systems that differ significantly. The specific obligations depend on the structure of the deployment: a temporary secondment, local employment with a Swiss employer, and executive cross-border arrangements each carry different requirements.
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.
Whether a particular task falls within the exemption depends on its nature. The provisions under Section 24b BeschV cover construction and repair activities — routine maintenance tasks that are not connected to the repair of the installation are not included. Where a project involves a combination of activity types, the authorization requirements for each should be assessed individually. Contact us for advice on your specific scope of work.
The Ausländerbehörde Köln (Cologne Immigration Office) serves as one of North Rhine-Westphalia’s most active immigration authorities, processing thousands of residence permits, family reunification cases, and naturalization applications each year. As the central administrative body for foreign nationals living in or moving to Cologne, it manages comprehensive immigration matters. The high application volume combined with complex paperwork requirements, strict deadlines, and frequently changing immigration regulations means that processing times vary widely depending on application type. Professional legal guidance ensures applications are accurate, complete, and submitted strategically, minimizing delays and maximizing approval chances.
Asset protection provides advice on legal precautionary measures to protect assets from liability and third-party access (legal asset protection).
Medical criminal law encompasses all criminally relevant matters in the healthcare sector, particularly allegations against doctors, nursing staff, and other medical professionals, as well as operators of clinics and care facilities. Typical offenses include negligent bodily injury, negligent homicide, billing fraud, and corruption in healthcare. A specialized lawyer in medical criminal law understands the intersection between medicine and law, can legally classify complex medical facts, and develop a defense strategy tailored to your case.
A change of purpose (Zweckwechsel) refers to the transition from a residence permit issued for study purposes to a residence permit issued for a different purpose, such as employment. Schlun & Elseven Rechtsanwälte reviews whether and under what conditions this is possible in each individual case.
No, you do not. Our entire team is fluent in English, and we handle all communication, documentation, and legal proceedings in English. From your initial consultation to court representations, language will never be a barrier to receiving our legal services.
If you or someone you know is facing an urgent criminal law situation – an arrest, a house search, a police summons, or any other matter requiring immediate legal advice – contact our criminal defense team directly. We are available around the clock and respond to urgent inquiries as a priority.
You can reach us by phone at +49 221 93295960, by email at info@se-legal.de, or via the contact form on our website. Our lawyers advise in English from the first contact.
A managing director is personally liable if they breach their statutory duties and this causes damage. Liability can arise toward the company, creditors, authorities, or social security providers.
After a divorce, your residence permit will be reassessed, as it was originally issued for the purpose of family reunification. However, the residence permit will not be automatically revoked. The decisive factor is how long the marriage lasted: If it was valid for at least 3 years under German law on German territory, the residence permit will be extended for one year as an independent right of residence. If the marriage lasted for less than 3 years, special circumstances must be proven.
Yes. The inability to attend an appointment or access the embassy in person does not prevent us from acting on your behalf. Contact us to discuss your situation, and we will advise on the options available to you.
Tax liability does not depend on nationality but on place of residence or habitual abode. Anyone who lives permanently in Germany is subject to German inheritance tax as either the deceased or the heir, regardless of their citizenship.
Tax evasion under Section 370 AO is punishable by a fine or a custodial sentence of up to five years. In particularly serious cases, the sentence range shifts to between six months and ten years’ imprisonment. The specific penalty depends primarily on the amount evaded. Under German Federal Court of Justice case law, fines are standard below €50,000; a custodial sentence becomes the rule from €100,000; and a suspended sentence is generally excluded above €1,000,000.
The CEO visa is the common name for a residence permit issued to executive staff, governing body members, and company specialists under Section 19c of the German Residence Act in conjunction with Section 3 of the Employment Ordinance. It is required by non-EU nationals in genuine senior executive or specialist positions in Germany who do not qualify for the EU Blue Card — typically because their degree is not recognized in Germany or their role falls outside the standard skilled worker framework. No recognized academic qualification is required.
Not every customer is affected. The investigation concerns specific processes within Heraeus’s recycling operations. Determining whether your transactions were impacted requires an individual assessment.
Yes – and in many situations it is not only possible but necessary. Holding a qualifying permit throughout the naturalization process is a legal requirement under Section 10 StAG. The critical factor is submitting the application before your current permit expires, so that the Fortgeltungsfiktion under Section 81 AufenthG protects your status during the transition. The naturalization authority must also be kept informed of any change.
Where the Federal Employment Agency withholds its approval, the immigration authority or German mission abroad will generally refuse to issue the requested residence title. The Federal Employment Agency’s opinion is not itself a challengeable administrative act; the legal avenue is to challenge the refusal of the residence title, for example, by filing an objection or, if that proves unsuccessful, by bringing proceedings before the administrative court. In such cases, our lawyers at Schlun & Elseven assess both the prospects of a legal remedy and whether supplementing the documents could prompt a renewed Federal Employment Agency review with a positive outcome.
You may qualify if you have a direct line of descent from a German citizen ancestor. The most straightforward cases involve individuals born after 1975 with at least one German parent who was married at the time of birth. However, eligibility extends to complex historical situations, including Nazi persecution cases, pre-1953 marriage-related citizenship loss, and various pre-1975 scenarios. Please use our eligibility check to determine whether you may be entitled to German citizenship based on your ancestry.
EU Blue Card holders may bring their spouse and minor children to Germany under the family reunification provisions of the Residence Act. In addition, where the EU Blue Card was first issued on or after March 1, 2024, holders may also bring their parents and parents-in-law. This is a significant advantage not available to most other foreign nationals residing in Germany.
The first practical step is completing out-processing with U.S. Forces — returning all SOFA-tied documents including your DoD identification card, SOFA certificate, ration card, fuel card, and any unused VAT forms. Running in parallel with this, or immediately after, is registering your residence at the local Einwohnermeldeamt or Bürgeramt. Registration is a legal obligation under German law once SOFA status ends, and the address confirmation it produces is a prerequisite for the subsequent residence permit application at the Ausländerbehörde.
Voluntary self-disclosure under Section 371 AO enables persons who have evaded taxes in Germany to obtain exemption from prosecution through full disclosure and repayment of the evaded amounts. It is subject to strict statutory requirements, the non-fulfillment of which can negate the immunity from prosecution entirely.
Yes. The AI Regulation applies across the European Union and imposes obligations on both providers and deployers of AI systems, regardless of where the company is headquartered, provided the AI system is used within the EU.
A withdrawal is unlawful where there is no valid profit distribution resolution or where it reduces the company’s net assets below the level required to maintain share capital under Section 30 GmbHG. Constructive distributions — such as excessive salaries or reimbursement of private expenses through the GmbH — also fall into this category.
SaaS agreements are mixed-type contracts in which lease law (Sections 535 et seq. BGB) forms the main basis. Work contract law and service contract law apply in addition for specific components of the service, such as work contract law for data migration and service contract law for training.
It depends on the nature and severity of your criminal record. Germany distinguishes between minor and serious offenses. Minor offenses, especially those committed some time ago, are generally less likely to prevent entry or immigration. However, serious offenses involving violence, drugs, or terrorism can significantly impact your ability to immigrate to Germany.
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.
The Fourth Act Amending the Nationality Act created a special 10-year window (August 20, 2021 to August 19, 2031) allowing certain people to obtain German citizenship by simple declaration rather than full application. This applies to individuals born after May 23, 1949, who were excluded from German citizenship due to gender-discriminatory laws, including: children born before 1975 to a German mother and foreign father (in wedlock), children born before 1993 to an unmarried German father and foreign mother, or children whose German mother lost citizenship through marriage to a foreigner before 1953. This pathway also applies to descendants of these individuals and requires no German language skills.
The tax and investigating authorities can rely on three measures as early as the investigation stage: seizure under Section 94(2) StPO or Sections 111b et seq. StPO, asset freezing under Section 111e StPO, and property attachment under Section 324(1) AO. Seizure and asset freezing are criminal law measures, while property attachment falls under tax law.
Akteneinsicht under Section 147 StPO is the right of the accused and their defense lawyer to review the German investigation file. The file contains all evidence and information regarding the alleged criminal offense and serves as the foundation for an effective criminal defense in Germany.
Yes. Under Section 19c (1) AufenthG, third-country nationals can obtain a residence permit to work remotely from Germany for a foreign employer, provided the employment has no connection to the German labor market. This means no German clients, no German business development activities, and the employer remains based abroad with no requirement for a German office or branch.
Under Section 4 AntiDopG, a range of conduct is subject to criminal prosecution: manufacturing, trafficking, selling, distributing, placing on the market, and prescribing doping substances, as well as their possession, importation, and acquisition. Administering doping substances to others is also prohibited, as is self-doping for elite and professional athletes competing in organized sport.
No. Removal ends only the managing director’s corporate officer status. The service agreement must be separately terminated or brought to an end by mutual agreement.
Contact us through our online form, by phone, or by email. Our lawyers carry out a brief initial assessment and provide a fee proposal — you then decide whether to instruct us. There is no obligation. For companies with ongoing global mobility needs, we establish a working framework from the outset rather than treating each case in isolation.
Yes. Incorporated entities such as a GmbH or UG are legally required to hold a corporate bank account in Germany. A bank account is also needed to deposit the share capital at the point of incorporation. Without a functioning account, normal business operations — including paying suppliers, receiving payments, and meeting tax obligations — are not possible.
US companies entering Germany must choose an appropriate business structure (GmbH, AG, or branch office), obtain necessary regulatory approvals and industry-specific licenses, register with German authorities, and ensure compliance with German employment law, data protection regulations, and tax obligations. Requirements vary significantly based on business activities and industry sectors.
Currently, German copyright law only protects works that meet the required level of human creativity. AI systems themselves cannot be considered authors. Rights to AI content typically belong to the user, provided the licence terms permit this.
Processing times vary significantly by visa type, German consulate location, and current application volumes. Each consulate publishes their own processing estimates, which can range from several weeks to several months depending on your specific situation and location.
We recommend checking current processing times with your local German consulate and applying well in advance of your planned move date. Our legal team can help you identify the most efficient application strategy and consulate options for your specific circumstances.
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.
No, not every cyberattack automatically triggers a reporting obligation. Under Article 33 GDPR, notification is only required where personal data has been affected, and the breach is likely to result in a risk to the rights and freedoms of the individuals concerned. For example, if only an encrypted database that was not extracted is affected, the reporting obligation may not apply. That said, the risk assessment should always be reviewed and documented in consultation with legal counsel. Where notification to the data protection authority is required, it must be made within 72 hours of the incident.
The duty to cooperate arises primarily from Section 5 SchwarzArbG, as well as Sections 28a and 28p SGB IV and Section 98 SGB X. Under these provisions, employers are required to submit to inspections by the customs authorities, produce documents relevant to the audit, and provide information to the extent necessary to verify compliance with social security, employment law, and tax obligations.
Article 116(2) allows descendants of individuals who lost German citizenship due to Nazi persecution (1933-1945) to restore citizenship. Recent reforms expanded eligibility to include children born to German mothers with foreign fathers (before April 1953) and children born out of wedlock to German fathers (before July 1993). Drawing on our extensive experience helping clients worldwide regain German citizenship, we guide applicants through the documentation requirements and build comprehensive cases that meet the evidentiary standards of the Federal Office of Administration.
No. Unlike spouse reunification under the AufenthG, EU free movement law does not require any proof of German language proficiency before entry.
What’s the best company structure for Greek businesses entering Germany: GmbH, UG, or branch office?
The GmbH (with a minimum capital of €25,000) offers strong credibility with German banks and partners, making it the most popular choice. The UG (€1 minimum) offers a capital-efficient entry point for start-ups, with the option to convert to a GmbH later. Branch offices enable full operations without forming a separate entity, but expose the parent company to higher liability. We help you select the optimal structure based on your business objectives and market strategy.
Yes. US citizens can retire in Germany, though there is no dedicated retirement visa available. The most common route is a general residence permit for financially independent individuals under Section 7 AufenthG. To qualify, applicants must demonstrate sufficient financial means to support themselves without relying on German public funds, and hold adequate health insurance. US citizens may apply for the permit from within Germany during an initial 90-day visa-free stay, rather than applying through a German consulate in advance.
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.
What’s the best company structure for Swiss businesses entering Germany: GmbH, AG, or branch office?
The GmbH (with a minimum capital of € 25,000) is the most popular option, offering a familiar structure comparable to the Swiss GmbH/Sàrl, with limited liability protection. The AG (with a minimum capital of € 50,000) suits larger enterprises that require sophisticated governance frameworks. Branch offices enable full operations without forming a separate entity, but expose the parent company to higher liability. We help you select the optimal structure based on your requirements, while optimizing the benefits of double taxation treaties.
The EU AI Act classifies AI systems into minimal, limited, high, and unacceptable risk levels. Unacceptable risk systems are completely prohibited under Article 5, whilst high-risk systems require extensive documentation, human oversight, and compliance audits. Limited-risk systems must meet transparency requirements, and minimal-risk systems have fewer obligations. Your risk classification determines your legal obligations, implementation timeline, and compliance costs.
A deadlock arises when both shareholders each hold 50% with equal voting rights, so resolutions are regularly blocked, and the company becomes operationally paralyzed.
No, Germany does not have an official “Green Card” system like the United States. However, Germany offers several equivalent pathways for non-EU citizens to obtain permanent residence and eventually citizenship. The most popular alternatives include the EU Blue Card for skilled professionals, family reunification visas, permanent residence permits, and various work-based immigration options under the Skilled Immigration Act. These German immigration pathways provide similar benefits to the US Green Card, allowing foreign nationals to live, work, and eventually gain citizenship in Germany.
In most cases, yes. German banks require proof of heirship before releasing information or funds, and the Erbschein is the most commonly accepted document. Where the deceased left a notarized will or an inheritance contract that has been admitted to probate, many banks will accept it instead. A valid post-mortem power of attorney (transmortale Vollmacht) may also allow an authorized person to act on the account without waiting for the Erbschein.
No. Even under the exemptions described above, at least basic spoken German — sufficient for everyday communication — is required. A complete waiver of any language requirement is not possible.
The duration varies considerably depending on the size of the company, the complexity of its operations, and the number of areas under examination. Smaller audits may last only a few days, while comprehensive audits at larger companies can extend over several weeks or even months. Even after the on-site phase has ended, the Principal Customs Office may require further weeks to evaluate the documentation.
No. The accusation establishes a serious interest in expulsion under Section 54(2) No. 8a AufenthG, which the immigration office must weigh against the person’s interest in remaining in Germany. Whether expulsion actually follows depends on the circumstances of the individual case. An experienced lawyer can work during the hearing to ensure that the balancing test favors the affected person.
Theft under Section 242 (1) StGB occurs when someone takes another person’s movable property with the intent to unlawfully appropriate it for themselves or a third party. A critical element of basic theft is the taking of property. Put simply, this means actual control over someone else’s movable property passes to another person. The perpetrator’s intent and the purpose of appropriation are also required under German law.
A provisional seizure is initially limited to 30 days and may be extended to up to 90 days. If no court order for seizure is obtained within that period and no confiscation proceedings are initiated, the cash must be returned. In practice, however, the full period is frequently used, making early legal intervention important.
Your residence permit was issued specifically for studying in Germany. Once that purpose no longer applies — whether because you withdrew voluntarily, were deregistered by your institution, or exceeded the permitted study period — the legal basis for your permit is removed. This does not mean you must leave immediately, but it does mean you need to act quickly to establish a new legal basis for your stay.
Austrian law does not require applicants to engage a lawyer at all, and where legal support is sought, it does not need to be an Austrian lawyer. The Austrian citizenship by descent process is primarily a documentary and procedural one: establishing eligibility, identifying and authenticating the right records, preparing the formal declaration, and communicating with the Austrian authorities. These are areas where our experience in German citizenship by descent translates directly. We have assisted hundreds of clients through comparable processes, we work in English, and we operate digitally, which makes us a practical choice for international clients wherever they are based.
A customs tariff number is a multi-digit numerical identifier that classifies every good in international trade. It determines the applicable duty rate, the import turnover tax, and any authorization requirements. Providing it correctly is a legally binding obligation of the customs declarant under EU and German law. Companies with any uncertainty about their classification should take legal advice before problems arise.
We provide legal consultations through secure digital platforms, enabling clients to receive advice regardless of location. Initial consultations can be conducted remotely with secure document sharing, while we handle all court appearances at the Amtsgericht Köln and keep clients informed digitally.
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.
You may qualify if you have a direct family line to a German citizen ancestor. The most straightforward cases involve individuals born after 1975 with at least one German parent who was married at the time of birth. However, eligibility extends to complex historical situations, including Nazi persecution cases, pre-1953 marriage-related citizenship loss, and various pre-1975 scenarios. Please use our eligibility check to determine whether you may be entitled to German citizenship based on your ancestry.
Yes. Same-sex marriage has been legally recognized in Germany since October 2017 under the Ehe für alle legislation. Same-sex couples have the same legal rights as heterosexual couples across all areas of family law, including adoption, inheritance, and spousal reunification under immigration law.
Common delay factors include high application volumes creating backlogs, thorough document verification processes, and incomplete documentation requiring additional submissions. Background checks and security clearances extend processing times, while administrative challenges and resource constraints at immigration offices contribute to delays. Complex legal matters requiring detailed review and policy changes can also significantly impact processing timelines.
A BAMF revocation notice (BAMF-Widerrufsbescheid) is an administrative decision by which the Federal Office for Migration and Refugees declares that a previously granted protected status – refugee recognition or subsidiary protection – is no longer necessary. The authority typically justifies this on the basis that conditions in the country of origin have stabilized. Importantly, this notice is not a final judgment: it is an administrative decision that can be challenged.
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.
To apply for an EU Permanent Residence Permit under Section 9a of the German Residence Act, you must have resided in Germany legally for at least 5 years without interruption. You need to demonstrate financial independence without relying on state benefits, have sufficient German language skills and understanding of Germany’s legal system, maintain health insurance coverage, and have no grounds for expulsion from Germany. Tax compliance and pension contributions are also required.
The GmbH (minimum capital €25,000) offers strong credibility with German banks and partners, comparable to a well-established SARL in France. The UG (€1 minimum) enables capital-efficient market entry with the option to convert to GmbH as reserves grow. Branch offices enable full operations without forming a separate entity, but expose the parent company to higher liability. We help you select the optimal structure based on your market strategy, capital preferences, and risk tolerance.
Authorities are not required to notify you during active phone tapping, and modern electronic surveillance methods are designed to be undetectable. However, you may become aware of wiretapping through evidence disclosure in criminal proceedings, unusual investigative knowledge, or court documents that reference monitored communications.
If electronic surveillance has occurred, you have the right to examine court orders and legal justifications used to authorise monitoring. Your privacy rights attorney can request disclosure of surveillance evidence and challenge any phone tapping that violated legal requirements.
Mandatory legal representation — Anwaltszwang — applies before the Landgericht, Oberlandesgericht, and Bundesgerichtshof under Section 78 ZPO. Before the Amtsgericht, self-representation is technically permitted, but given the procedural demands and strict deadlines of civil litigation, engaging a German lawyer is strongly advisable at every level. For foreign parties, legal representation is a practical necessity: proceedings are conducted entirely in German and procedural errors carry serious consequences.
Because crises rarely stay within a single area of law. A ransomware attack, for example, simultaneously triggers data protection obligations, damages liability risks, and reputational problems. Without a coordinated interdisciplinary strategy, measures taken in one area can worsen the situation in another.
Several months in most cases, depending on the volume of materials and the BVA’s current workload. The process requires active follow-up to avoid unnecessary delays.
No. EU, EEA, and Swiss nationals have the right to work in Germany without a visa or work permit. However, foreign companies sending EU workers to Germany on a temporary basis must comply with posting notification obligations and ensure all workers carry valid A1 certificates.
A fictitious continuation certificate is not an independent residence permit. It is formal evidence that residence in Germany is provisionally considered lawful because an application is still pending. It is issued by the immigration authority while a decision on an application for a new or renewed residence permit is outstanding. The specific effect of the certificate, and whether it permits departure, depends on the type of underlying fictitious continuation effect. Our lawyers review the individual situation and explain which rights and obligations apply to the certificate in question.
No. Permanent residence under the EU-UK Withdrawal Agreement does not require a German language test or an integration test. Eligibility is based on the duration and qualifying nature of your residence in Germany, not on language proficiency. This is one of the principal differences between the Daueraufenthaltsdokument-GB and the standard German settlement permit (Niederlassungserlaubnis), which in most cases requires at least B1-level German.
Under German law, human smuggling means assisting another person in entering Germany unlawfully or remaining in Germany illegally. This includes providing transportation, obtaining documents, organizing travel, paying for tickets, or arranging accommodation. The key factor is that you knew — or at least considered it possible — that the person did not have a valid visa or residence title.
These are two legally distinct situations. Driving without the physical document because it has been forgotten at home is a minor administrative offense carrying a €10 warning fine. Driving without a valid license entitlement, whether because a license was never obtained or revoked, is a criminal offense under Section 21 StVG and can result in a fine or a custodial sentence of up to 1 year.
Yes. German debt collection and enforcement proceedings can be conducted entirely through local legal representation. At Schlun & Elseven, our lawyers manage all filings, court appearances, and enforcement steps on behalf of international clients. Instructions and communication are handled in English.
Our German-British legal coordination model means you work directly with us as your primary legal contact, and we coordinate with our established UK legal partners when matters involve both jurisdictions. This eliminates the complexity of managing separate legal advisors and ensures comprehensive coverage of German and UK legal requirements.
A trade secret, as defined by the German Trade Secrets Act (GeschGehG), is information that is not generally known or accessible, has economic value due to its confidential nature, and is protected by appropriate safeguards, such as non-disclosure agreements or access restrictions. Typical examples include manufacturing processes, customer lists, price calculations, and business strategies.
This depends on your nationality. Third-country nationals from visa-required countries — such as India, Morocco, Algeria, and Nigeria — require an entry visa. That visa must, however, generally be issued where the conditions of the FreizügG/EU are demonstrated.
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.
Yes, criminal charges can affect your residence status. German law requires automatic reporting of criminal proceedings against foreign nationals to immigration authorities. Serious criminal convictions can trigger residence permit revocation and deportation proceedings, making specialised criminal defense essential for protecting your legal case and immigration status.
Investment fraud occurs when a large number of people are given false information that is advantageous to them or when facts that are detrimental to them and relevant to investment decisions are concealed. Unlike normal fraud, no financial loss is required.
Yes. Simple negligence is sufficient to bring a claim for damages — intent does not need to be proved.
Money laundering allegations can affect anyone conducting substantial or frequent financial transactions or engaged in business activities. Even routine business transactions can appear suspicious if they exceed certain reporting thresholds or exhibit unusual patterns. Do not attempt to explain transactions to investigators without legal representation. Contact an attorney immediately upon becoming aware of suspicions.
Environmental criminal law encompasses regulations protecting the environment, including water, soil, air, and nature conservation. Violations are prosecuted under the Criminal Code (Sections 324–330d StGB) and other environmental laws.
A non-EU family member who has resided in Germany as a dependant of the EU citizen for at least one year before the death may acquire a right of residence following the death, under Section 3(3) of the FreizügG/EU. Following the death, residence is governed by the Residence Act (AufenthG) rather than the FreizügG/EU. The position depends on individual circumstances, and legal advice is recommended.
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.
A third-country national living in Germany can act as a sponsor if they hold a valid residence permit, EU long-term residence permit, permanent residence permit, or EU Blue Card. In addition to the type of permit held, sponsors must be able to demonstrate sufficient living space, financial self-sufficiency, and compliance with the general conditions set out in Section 5(1) of the German Residence Act. The exact requirements vary depending on which family members the sponsor wishes to bring to Germany and the legal basis under which the application is made.
A detention appeal can be filed even against suspended detention orders and is examined by a higher court. A detention review, by contrast, is conducted by the same judge who issued the detention order and requires that you are currently held in pre-trial detention. Important: A detention appeal is inadmissible if a detention review has already taken place (Section 117(2) StPO).
Internal investigations in Germany are typically triggered by suspected fraud, corruption, data breaches, employee misconduct, whistleblower reports, regulatory inquiries, or compliance violations. Corporate law requires the management of a German company to establish and maintain an adequate compliance management system, and company management is required to get to the bottom of compliance deficits and violations. Companies must conduct investigations when credible allegations arise to fulfil their legal obligations and prevent additional liability.
Voting rights are generally based on the size of a shareholder’s capital contribution. Under Section 47 (2) of the GmbHG, each euro of a share carries one vote. The articles of association may, however, provide for different arrangements.
A voting ban applies in particular where a shareholder has a personal conflict of interest in a resolution. This includes decisions concerning legal transactions with the shareholder, that shareholder’s own discharge from liability, releasing the shareholder from an obligation owed to the company, or legal proceedings between the company and the shareholder.
GDPR violations can result in fines of up to 4% of annual worldwide turnover or €20 million, whichever is higher, for serious breaches such as cross-border data transfer violations or processing principles breaches. BaFin can impose various measures from warnings and fines to withdrawal of banking licenses, with administrative fines reaching significant amounts. Failure to conduct an adequate investigation can also result in civil liability vis-à-vis the corporation or criminal liability for management. Companies may also face reputational damage, regulatory restrictions, client loss, and enhanced scrutiny from authorities.
Juveniles (Jugendliche) are persons aged 14 but not yet 18 at the time of the offense. Young adults (Heranwachsende) are people between 18 and 21 years old (until completion of their 21st year). While juvenile criminal law always applies to juveniles, German courts decide on a case-by-case basis whether juvenile criminal law or general criminal law applies to young adults.
Essential contract components should include regulations on language and interpretation, jurisdiction, choice of law, force majeure, liability limitations, product liability, data protection, and export control. Explicit inclusion or exclusion regulation of UN Sales Law (CISG) is also recommended.
A person is caught in the act when they are encountered during or immediately after the commission of the offense at the scene. The pursuit must follow the offense without interruption. An arrest made hours or days after the event is not permissible, even if the person has been clearly identified. Arrests based on CCTV footage reviewed only after the fact also do not satisfy this requirement under German law.
The German citizenship application process varies depending on location and application complexity. You must first meet the legal residence requirements, pass the naturalisation test, and demonstrate required German proficiency. We help assess your eligibility timeline and ensure your application is properly prepared for efficient processing.
Yes. The different offenses that fall under the umbrella of corruption carry different sentencing ranges, and the specific charge directly affects the defense strategy. A precise legal assessment of the allegations is only possible once the specific offense has been identified. Anyone facing a corruption investigation should contact a criminal defense lawyer without delay.
A three-year limitation period generally applies to the relevant regulatory offenses. However, what determines the effectiveness of a self-disclosure is not simply the passage of time but whether the competent authority has already become aware of the violation. The sooner a company acts, the more secure its path to immunity from prosecution.
Without a special contractual provision, a simple majority of votes cast is sufficient. The articles of association may, however, require a qualified majority — in particular where the managing director is also a shareholder.
Where more than one heir exists, the shares pass into the joint ownership of a community of heirs (Erbengemeinschaft). The co-heirs must exercise their shareholder rights collectively and cannot act independently in relation to the shareholding. Disagreements between co-heirs over how to manage or dispose of the shares can create significant practical difficulties, and early legal advice is recommended where the estate includes a shareholding of material value.
Yes. The legal obligations of a GmbH managing director under German law apply to all directors registered as managing directors, regardless of their nationality or country of residence. International directors are not subject to a different standard or reduced obligations.
Yes. Under Section 311b(1) BGB, any contract to transfer or acquire ownership of real property requires notarial certification. The notary drafts the purchase deed, verifies the identity of the parties, and coordinates the formal conveyance (Auflassung) and registration of title in the land registry (Grundbuch). A contract concluded without notarization may in certain circumstances be healed once the Auflassung and registration have taken place, but this depends on the specific facts and legal advice should be sought.
Processing times vary based on application type and current volumes at the Landesamt für Einwanderung. Standard renewals may take several weeks to months, while initial specialised permits often require longer periods. Fast-track procedures are available for shortage occupations.
International arbitration provides neutral dispute resolution, enforceable across jurisdictions, through the New York Convention. Parties select arbitration institutions (such as the DIS, ICC, or LCIA) and procedural rules when drafting contracts. Germany offers a sophisticated arbitration infrastructure with experienced arbitrators familiar with cross-border commercial disputes. Arbitration awards are generally easier to enforce internationally than court judgments.
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.
A Sachstandsmitteilung is a formal request for a status update on a pending application. Submitted by a lawyer, it establishes a documented record of the inquiry, sets a clear deadline for response, and signals that the delay is being assessed for its legal significance. In many cases it is sufficient to prompt the authority to act; if not, it forms part of the documentation relied upon in subsequent steps.
Not automatically. Whether a conviction has generated database entries depends on the nature of the offense, the jurisdiction, and any accompanying legal measures. The only way to establish this with certainty is through formal information requests to the relevant authorities.
German employment law provides stronger worker protections, including works councils (Betriebsräte), co-determination rights, and dismissal protection laws (Kündigungsschutz), which require justified grounds for termination. Notice periods are typically longer, and collective bargaining agreements may establish minimum standards depending on the industry sector.
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.
Only periods of lawful residence under Section 2 of the FreizügG/EU count as an employed person, self-employed person, or economically inactive person with sufficient means and health insurance. Periods during which none of these conditions were met do not count. Temporary absences of up to six months per year do not interrupt continuity.
Any statement made as a suspect to the police or public prosecutor’s office can be used against you as the investigation continues. There is no obligation to cooperate. Making statements at an early stage without legal preparation increases the risk of making inadvertently damaging admissions. The first statement should as a rule only be made after access to the case file and in coordination with defense counsel.
The Supply Chain Due Diligence Act (LkSG) applies to companies with 1,000 or more employees based in Germany and requires them to establish risk management systems, conduct regular risk analyses of their own operations and those of their direct suppliers, implement preventive and remedial measures, and operate a complaints mechanism. The annual reporting obligation under the LkSG has been abolished, though documentation obligations remain. The LkSG is expected to be replaced by German legislation transposing the EU Corporate Sustainability Due Diligence Directive (CSDDD). Companies in scope — including foreign companies with German subsidiaries of sufficient size — should ensure their supply chain compliance arrangements reflect current requirements.
Criminal cases in Düsseldorf are handled by the Düsseldorf District Court (Amtsgericht Düsseldorf) for less serious offences and the Düsseldorf Regional Court (Landgericht Düsseldorf) for more serious crimes. The Düsseldorf Public Prosecutor’s Office conducts investigations. Our team has extensive experience with all these local institutions.
Yes, for third-country national sponsors under the AIG. The general deadline is five years from the date the permit was granted or the family relationship established. For children over 12, the deadline is 12 months. Late applications are only approved where there are important family reasons. These deadlines do not apply to family reunification under the AFMP for EU/EFTA nationals, or to family reunification under Section 42(2) AIG for Swiss citizens.
Essential documents include notarized articles of association, shareholder identification documents (passport/ID), registered office address confirmation, bank confirmation of capital deposit, and business registration application (Gewerbeanmeldung). Specific requirements vary by company type – GmbH requires managing director appointments, while AG needs comprehensive management and supervisory board documentation.
Once your visa expires, your residence in Germany becomes unauthorised. Unauthorised residence violates the Residence Act and can be punished with a fine. Additionally, deportation threatens, and in certain cases, detention.
The entry in the land register (Grundbuch) is the determining factor. Where the property is held in co-ownership, the main options are transfer to one spouse, sale of the property, or, where no agreement can be reached, a partition auction (Teilungsversteigerung).
The fast-track procedure under Section 81a of the Residence Act allows employers to lead the visa process on behalf of the candidate, coordinating qualification recognition and Federal Employment Agency approval in Germany before the candidate travels. Visa appointments at German diplomatic missions are then prioritized, with a decision issued within three weeks of a complete application. A statutory fee of €411 applies per application.
Cross-border employment assignments create complex jurisdictional questions regarding applicable law, social security obligations, and termination procedures. Turkish employment law provides different worker protections, collective bargaining frameworks, and dismissal procedures compared to German standards, requiring careful contract structuring to avoid conflicts.
Yes, for short stays. A valid residence permit from a Schengen country allows the holder to travel to Germany visa-free for up to 90 days in any 180-day period. During this time, taking up employment or establishing residence in Germany is not permitted.
The value of the property at the time it was brought into the marriage is attributed to the initial assets (Anfangsvermögen) and is not subject to equalization. Only increases in value that occur during the marriage fall within the scope of the Zugewinnausgleich.
Within the EU, the applicable law has been governed since 2015 by the EU Succession Regulation. As a general rule, the law of the country where the deceased was last habitually resident applies — not the law of their nationality.
Yes, in full. All road users in Germany are subject to the same traffic laws and penalties regardless of nationality or the country that issued their driving license. EU and EEA license holders drive on the same legal basis as German drivers. Fine notices issued in Germany can be enforced across EU borders, and driving bans take effect within German territory from the moment they become legally binding.
No. There is no German-language requirement for the initial application under Section 21(1) of the AufenthG. A German language condition does apply when the applicant later seeks a permanent settlement permit after three years of self-employment.
Yes, foreign nationals can get divorced in Germany if certain jurisdictional requirements are met. German courts have jurisdiction when either spouse is German, habitually resides in Germany, or both parties agree to German jurisdiction under Section 98 FamFG. The applicable law depends on your residence, nationality, and other factors under EU regulations or German international private law. International couples should seek legal advice to determine the best jurisdiction for their case.
Attending contract negotiations, business meetings, or trade fair visits for up to 90 days within a 180-day period generally does not constitute employment under German law. However, this exemption applies to defined activities only — substantive project work beyond meeting attendance and contract monitoring may fall outside it and require separate authorization.
The most relevant options are a residence permit on humanitarian grounds under Section 25(5) AufenthG and the hardship commission procedure under Section 23a AufenthG. Section 25b AufenthG, which addresses sustainable integration, also expressly provides that a temporary reliance on social benefits for subsistence is generally not held against applicants who care for close relatives in need of care. The most suitable path depends on the circumstances of the individual case.
Any commercial lease with a term longer than one year must be in writing under Section 550 BGB. If this requirement is not met, the lease is treated as indefinite and either party can terminate it on the statutory notice period – roughly three months. The same applies to subsequent amendments, which must also satisfy the written form requirement.
German statutory succession (Sections 1924 ff. BGB) applies: Children inherit first (or their children if deceased). If there are no children, parents and their descendants (siblings) inherit. More distant relatives inherit only if no closer relatives exist. The surviving spouse inherits alongside relatives, with the share depending on the existence of relatives and the marital property regime.
In most cases, lodging an objection has a suspensory effect, meaning you are not required to leave while proceedings are pending. If the authority has excluded the suspensory effect, an application for interim relief can be made to the administrative court. Deadlines are strict — legal advice should be sought without delay.
Redemption depends on a corresponding clause already existing in the articles of association. Without that clause, a redemption resolution has no legal effect, and the company must instead pursue a court action for exclusion.
Yes. German courts apply strict controls to GTC clauses under Sections 305 to 310 of the BGB. A clause that unreasonably disadvantages the other party is void, regardless of whether both parties signed the contract. Void clauses are replaced by the applicable statutory rules, which are not always favorable to the party that drafted the GTCs. The standard applied is stricter in B2C contracts than in B2B agreements.
Good leavers depart without fault and receive compensation at fair market value. Bad leavers have breached their duties and are typically compensated only at nominal value.
While the precise course of proceedings depends on the individual case, the requesting state, and the applicable treaty framework, the general sequence in Germany is as follows: an international alert is issued and examined by the competent German authority; an extradition arrest warrant may be issued and, if the person is apprehended, they must be brought before a judge within one day; the person is heard by the judge and may consent to simplified extradition; if they do not, the prosecution applies to the Higher Regional Court (OLG) for a decision on admissibility; if the court declares the extradition admissible, the Federal Ministry of Justice makes the final approval decision in consultation with the Federal Foreign Office and other relevant federal authorities.
The Section 21 AufenthG permit is available to non-EU nationals who establish and operate a business in Germany. Eligibility is assessed against statutory criteria: economic interest, regional need, business plan viability, secured financing, and the applicant’s professional experience. There is no fixed minimum investment threshold, but the business must be credibly financed and capable of generating sufficient income.
Where the competent embassy refuses or delays issuing a passport without substantive justification, this is not purely a consular matter — it can have immediate consequences under German immigration law. An immigration lawyer can assess whether it can be established that obtaining a passport cannot reasonably be expected, and whether there is an entitlement to the issuance of a German travel document. Schlun & Elseven has extensive experience in precisely these situations, including where political circumstances or security risks are a factor.
The Familienkasse is not a standard social welfare authority. It operates under German tax law and has its own criminal and penalty unit. As soon as it identifies an initial basis for suspecting intentional conduct, it can transfer the case internally — regardless of the amount being recovered. Unreported changes or incorrect information can then be pursued as tax evasion under Section 370 AO, with potential consequences including financial penalties, an entry in the Führungszeugnis, and in serious cases a custodial sentence.
German divorce requires a mandatory separation period – one year uncontested, three years if contested. Court proceedings typically follow, but international cases may need additional document preparation and coordination with other jurisdictions. Timeline varies with case complexity.
Once a PEP connection is established, the enhanced due diligence obligations under Section 15 GwG apply. Senior management approval must be obtained before the business relationship is entered into or continued, the origin of the assets involved must be assessed on a risk-based basis, and enhanced ongoing monitoring must be put in place. The specific measures required will depend on the individual risk profile of the business relationship. Schlun & Elseven Rechtsanwälte supports clients in meeting these requirements in a legally sound manner.
Not in every case. Numerous employment relationships do not require separate approval, for example for holders of a settlement permit. Whether an approval requirement applies in a specific case depends on the AufenthG and the BeschV. We clarify this through an individual review and support the approval procedure where it is required.
Yes. The re-entry privilege is not unlimited. U.S. citizens who make extensive use of repeated re-entries risk being considered to be misusing the visa-free privilege to circumvent German immigration requirements, at which point the standard Schengen 90-in-180-day rule applies. U.S. citizens in this position should seek legal advice on the appropriate residence permit for their situation.
Yes. The right to one’s own image under Section 22 KunstUrhG (German Copyright Act) protects against AI-generated representations that realistically depict real people. Without express consent, such deepfake content cannot be published or distributed, regardless of the AI technology used to create it.
Yes. Section 7 PassG provides independent grounds for denial that apply regardless of citizenship status, for example, during an ongoing criminal prosecution or where tax evasion is suspected. In such cases, our lawyers examine whether the passport denial is lawful and, where necessary, file the appropriate legal remedies.
- Different interpretation rules (“good faith” vs. “plain meaning rule”)
- Force majeure and hardship clauses
- Divergent liability concepts (e.g., punitive damages in the USA)
- Different understanding of guarantees and warranty
- Divergent compliance and IP regulations
Section 45c AufenthG is tied to the employee’s place of residence or habitual abode at the time the employment contract is signed. Anyone already resident in Germany at that point is generally not covered by the provision. Where there is uncertainty about the employee’s actual location at the time of signing, a legal assessment of the individual case is advisable.
Deportation may be a possible consequence for non-German and non-EU citizens convicted of serious offenses like illegal street racing. The risk of deportation depends on various factors, including how severe the offense was and your immigration status. Our legal team will analyze your specific case, explore all legal options to minimize this risk, and provide a strong defense to help prevent deportation.
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.
In most cases, no. Under Section 18 AIG, third-country national work authorization for employment requires an application submitted by a Swiss employer. The self-employment route under Section 19 AIG is available to entrepreneurs and self-employed professionals but requires a separate assessment of economic interest and financial viability by the competent cantonal authority and, in most cases, the SEM.
No. The German-Turkish treaty in place since 2011 covers only income and net worth tax, not inheritance tax. Double taxation can therefore generally arise, and can only be limited through the unilateral credit provision in Section 21 ErbStG. Schlun & Elseven’s lawyers assess, in each case, whether and to what extent such a credit is possible.
- Basic offense: Up to 5 years imprisonment or fine
- Particularly serious cases: 6 months to 10 years’ imprisonment (in cases of commercial activity, gang crime, large-scale damage)
- Preparatory acts: Up to 3 years imprisonment or fine
- Even attempts are punishable
In principle, yes – but only through legal channels. If an official action is objectively unlawful, criminal liability under Section 113 StGB does not apply. However, you should not physically resist in the moment, since assessing lawfulness is complex and must be done retrospectively by a court. The right approach is to seek legal advice and, if appropriate, file legal remedies.
The EU Blue Card is a special residence permit aimed at highly qualified persons from third countries and professionals in shortage areas. Requirements include a German or recognized foreign university degree and a job offer that meets the required salary thresholds. Lower salary thresholds apply for natural scientists, mathematicians, engineers, doctors, and IT professionals. The main advantages: four-year EU residence, accelerated paths to permanent residence (after just 21 months with B1 language skills or at the latest after four years), and improved opportunities for family reunification.
Yes, provided they apply for their own residence permit and meet the relevant requirements. The derived status from the diplomat’s mission lapses when the mission ends. Depending on the situation, different permits may be available – for employment, for study, or on other grounds.
Under certain conditions, yes. Section 445a BGB grants a recourse claim against the supplier. Whether administrative personnel expenditure is reimbursable depends on whether it can be specifically attributed to the particular subsequent performance case and whether the personnel involved were therefore unable to be deployed elsewhere.
The Uniform Instrument for Enforcement is the standardized document that must accompany any EU-based recovery request under Section 9(1) EUBeitrG. It constitutes an enforceable administrative act in Germany and is the sole legal basis for attachment measures. If it is missing, materially deficient, or issued in the name of the wrong person, no valid enforcement title exists under German law, and the enforcement measure can be successfully challenged by way of objection.
Yes. A managing director remains responsible for breaches of duty committed during their time in office, even after leaving the company. The tax office may therefore issue a liability notice after the managing director has stepped down.
The first step is to obtain written confirmation of the grounds for the detention from the customs office or your freight forwarder. The appropriate response depends on the cause: a documentation deficiency, a customs valuation challenge, a product compliance issue, or a suspected customs offence each requires a different approach. In all cases, acting promptly reduces storage costs and protects the prospects for release.
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.
Africa comprises 54 countries, over 1.4 billion people, thousands of languages, and many legal systems. Our Africa Desk does not claim expertise across all African jurisdictions. Instead, we provide what we know best: German law. When your matter involves German legal questions, whether it’s corporate formation, immigration applications, commercial contracts, or family law proceedings, we handle those aspects directly with our specialized German legal teams. When matters require expertise in specific African legal systems, we coordinate with established local counsel and our partners in the relevant jurisdiction, ensuring you receive integrated legal services without managing multiple legal relationships across different countries. This approach ensures consistent communication and strategic coordination, while providing expert attention to both the German and African aspects of your matter.
The admission procedure itself is free of charge for Spätaussiedler. For other modes of acquisition, an administrative fee of €255 applies. Additional costs may arise for archival research, translations, apostilles, and legal advice.
The BVA sometimes declares that citizenship was lost at an earlier point by operation of law, or that it was never validly transmitted, rather than issuing a formal revocation. Regardless of the framing, any decision must have a clear legal basis under Article 16 GG and cannot render the affected person stateless. Many such decisions are open to challenge.
Penalties for intentional assault under Section 223 StGB range from a monetary fine to five years imprisonment. The specific sentence depends on how the offense was committed. More serious forms carry harsher penalties: dangerous bodily harm can result in up to ten years imprisonment, while bodily harm resulting in death carries a minimum of three years imprisonment.
For degree holders with a qualifying job offer, the EU Blue Card is generally the most advantageous route. It offers an accelerated path to permanent residency — 21 months with B1 German, 27 months without — and allows family members to join without waiting periods.
The EU Blue Card significantly reduces waiting times for a settlement permit in Germany: with A1 German language skills after just 27 months, with B1 level after only 21 months. You must maintain continuous employment with a salary above the annually adjusted EU Blue Card threshold and demonstrate corresponding pension contributions. This is the fastest pathway to permanent residence for highly qualified professionals in Germany.
This depends on the timing: Within the first 12 months of your employment, you must inform the immigration office about a job change and obtain their approval. The authorities then have 30 days to make a decision. After the first 12 months, you can freely change employers without having to inform the authorities. This regulation was introduced through recent legislative changes and provides more flexibility.
Three weeks from receiving the dismissal notice to file a claim in labor court. This deadline is strict – miss it, and the dismissal becomes legally effective even if it was unjustified. Contact an employment law attorney immediately upon receiving a dismissal.
An internal investigation should be initiated whenever a company receives credible indications of a compliance violation — whether through a whistleblower report, a regulatory inquiry, an audit finding, or internal suspicion. The earlier an investigation begins, the greater the company’s ability to control the process and limit potential damage.
Not in most cases. There is no German language requirement for the initial EU Blue Card application, and the IT specialist route under the Blue Card similarly carries no language requirement at the point of application. The Opportunity Card requires either basic German at the A1 level or good English at the B2 level. For skilled worker residence permits, language requirements vary depending on the profession; certain regulated fields require demonstrated German proficiency. German language skills become relevant to most permit holders when applying for a permanent settlement permit, for which B1-level proficiency is the standard requirement.
A police summons does not carry a legal obligation to attend – only a summons from a public prosecutor or court does. You should contact a criminal defense lawyer before responding. Anything you say can be used against you, and your status can shift from witness to suspect during an interview. Our lawyers can advise you on your rights and accompany you to any interview.
The penalty is determined by the quantity imported. For not insignificant amounts, a minimum prison sentence of two years threatens, which typically cannot be suspended. For small quantities, the penalty is significantly milder, and case dismissal in exchange for conditions may be possible under certain circumstances. Mitigating factors, such as the disclosure of background information, can also reduce the penalty, as per Section 31 BtMG.
Audits may result from statistical discrepancies in declared values, repeated classification inconsistencies, or routine risk-based selection by the Zollverwaltung. Authorities can examine import records for up to three years following the date the customs debt was incurred — a period that extends significantly where a criminal act is involved.
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.
Both legal forms limit liability to the company’s assets. The most significant practical differences lie in the minimum capital and in transparency. The AG requires share capital of CHF 100,000; the GmbH requires only CHF 20,000. GmbH members are listed by name in the commercial register, which makes share transfers more formality-intensive. The AG is better suited to larger structures and external investment, while the GmbH is a better fit for smaller companies and closed shareholder groups.
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.
A source of funds declaration typically includes purchase records and bank statements from the time of the original crypto acquisition, complete exchange histories from all platforms used, a comprehensive on-chain analysis of the relevant wallet addresses, and — ideally — an attorney’s cover letter that provides legal context for the transaction history. Screenshots from a crypto app are generally not sufficient.
To qualify for an EU Blue Card in 2026, you need to earn at least €50,700 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 €45,934.20 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.
An Untätigkeitsklage is a German administrative law procedure that compels government authorities to make decisions on pending applications. It addresses the administrative duty to process applications within reasonable timeframes, separate from the substance of the citizenship decision.
Iranian-owned businesses registered in Germany must implement compliance procedures, including sanctions list screening for business partners, customer identification protocols, and transaction documentation systems. Even purely domestic German operations are subject to scrutiny from banks and business partners. We assist with establishing appropriate compliance frameworks, drafting contractual provisions that address sanctions concerns proactively, and ensuring operations maintain clear separation from sanctioned activities.
As early as possible, ideally at first investigative measures. A criminal defense attorney can often secure a dismissal during the investigation and prevent strategic mistakes. At the latest, you should seek counsel before the first interrogation.
Contact a criminal defense lawyer before responding in any way. A police summons does not obligate a managing director to make any statement, and the right to remain silent applies from the first contact with investigative authorities. Any statement made without legal preparation, however well-intentioned, can be used against you at a later stage.
The A1 Certificate confirms that a seconded employee remains covered by the German social security system during a deployment to Switzerland, allowing Swiss contributions to be waived. Without it, the employee is treated as subject to Swiss social insurance from day one, resulting in double contributions and potential repayment demands. It must be obtained from the German health insurance fund before work begins — it cannot be applied for retrospectively with the same effect.
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).
Post-divorce residence status depends on several factors, including the type of residence permit you hold, the duration of your marriage, and your integration into German society. Spouses who obtained residence permits through marriage may face restrictions, but exceptions exist for:
- Marriages lasting more than 3 years,
- Cases involving domestic violence,
- Situations where returning to your home country would cause particular hardship,
- When you have custody of German children.
We provide proactive legal advice to help maintain your legal status in Germany while navigating divorce proceedings.
The flag state of the vessel does not affect whether a worker’s activity falls within the scope of Section 24b BeschV. The applicable immigration framework is determined by the maritime zone in which the work takes place and the nature of the activities being performed, not by the vessel’s registration.
The basic offense carries a minimum one-year sentence. Aggravated robbery (Section 250 StGB) carries a minimum sentence of three to five years, depending on the circumstances. Robbery resulting in death (Section 251 StGB) can result in sentences up to 15 years or life imprisonment. Less serious cases may receive six months to five years.
Germany currently has no unified AI law. Legal compliance relies on existing regulations, including the Copyright Act, GDPR, German Civil Code, and constitutional rights. At the European level, the EU AI Act creates the first specific legal framework for AI systems, becoming fully binding in 2026.
Engaging with the Ausländerbehörde can be difficult and time-consuming, particularly for those unfamiliar with German immigration law. The primary challenge is the sheer volume of paperwork required for each application – every residence permit, visa, or citizenship request must be accompanied by extensive documentation, ranging from proof of financial resources to personal identification and legal certificates. Missing or incomplete documents lead to delays or outright rejections. Additionally, lengthy processing times due to high application volumes cause frustration, and even minor errors result in requests for additional information or denials. Language barriers for non-German speakers further complicate understanding official communications, forms, and legal nuances.
Yes. Where the heir has their place of residence or habitual abode in Germany, the inheritance must be reported to the competent tax office within three months of becoming aware of it — regardless of where the deceased was living or where the assets are located.
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.
We serve both. Whether you’re an individual dealing with a visa application, an expat family buying property, a startup founder, or a multinational corporation, we have specialised teams for both private and business client needs.
Successful graduation is generally required to transition into a residence permit for employment. Exceptions apply only in narrow circumstances, and a lawyer should review the individual situation.
Yes. In the case of a culpable breach of duty, a managing director can generally be held liable without limitation with their private assets.
Yes, if the marriage lasted less than 3 years, you can keep your residence permit if there are special hardship cases. These include domestic violence, caring for joint German children, special ties to Germany that are worthy of protection, or if a return to the country of origin would be unreasonable (e.g. due to the threat of persecution). However, these circumstances must be credibly presented and substantiated by appropriate evidence.
The German Embassy in Tehran has indicated that passport collection is possible by prior appointment. We can assist with the correspondence necessary to arrange this and advise on next steps for your application once your documents are returned.
Yes. A custodial sentence is a realistic possibility from €50,000 of evaded tax, and becomes the standard outcome from €100,000 under BGH case law. Above €1,000,000, a custodial sentence without suspension is generally imposed. In particularly serious cases – for example, where forged documents were used, or the offense was committed as part of an organized scheme – the sentence range begins at a minimum of six months.
As soon as you learn of criminal allegations or investigations against you, you should immediately consult a lawyer. Even if patients file a complaint, the public prosecutor’s office makes contact, or you receive a summons as a suspect, immediate legal advice is essential. A criminal defense lawyer protects against careless statements and safeguards defense rights from the outset.
Not necessarily. Under German law, the statute of limitations generally begins when a party gains knowledge of the relevant facts. If you are only now learning of potential irregularities through public reporting, your limitation period may only now be commencing. Additionally, certain categories of claims have extended limitation periods.
For executives with a university degree recognized in Germany and a salary of at least €50,700 gross annually, the EU Blue Card is almost always the better option: faster access to permanent residence, no Federal Employment Agency approval at the standard threshold, and greater employment flexibility. The CEO visa is the right route where those requirements cannot be met. Our lawyers assess both options for each individual case.
Non-EU Balkan nationals (Serbia, Bosnia and Herzegovina, North Macedonia, Montenegro) can apply for several permit types. The EU Blue Card offers advantages for highly skilled professionals with university degrees, including faster permanent residence pathways and enhanced family reunification rights. Standard work permits are suitable for individuals with recognized qualifications and job offers. The Chancenkarte (Opportunity Card) provides a points-based assessment for job seekers, evaluating their language skills, professional experience, and qualifications. We guide applicants through the eligibility assessment, document preparation, and application submission process.
No. Where the agreed annual gross salary reaches at least two thirds of the annual contribution assessment ceiling (Beitragsbemessungsgrenze) for the statutory pension insurance scheme, the approval requirement does not apply. For 2026, this threshold stands at 67,600 euros gross per year. Where the salary falls below this figure — including in shortage occupations subject to a reduced salary threshold — Federal Employment Agency approval is required. Whether the conditions for approval-free issuance are met can be clarified in an initial consultation with our lawyers at Schlun & Elseven.
The outcome depends on how long the gap has been and what steps have been taken since. A very recent lapse may still be addressable, but the window narrows quickly. Where a significant gap has arisen, the naturalization authority may treat the continuous residence requirement as broken. These cases require immediate legal advice — our attorneys can assess the situation and advise on available options.
No. Spouses of EU Blue Card holders are exempt from the language requirement that would otherwise apply before a family reunification residence permit can be issued. Your spouse may join you in Germany without prior knowledge of German and learn the language after arrival.
No. The 90-day grace period applies to eligible family members of service members and civilian DoD employees — not to contractor dependents. Contractor dependents lose SOFA status on the day the contractor’s employment ends, with no additional time. Anyone in this position should begin planning the transition to a civilian residence basis well in advance of the contractor’s employment end date.
German citizenship by descent requires an unbroken chain of citizenship transmission through each generation. You would need to establish that German citizenship was legally transmitted from your grandparent to your parent, and then to you. This becomes complex because citizenship transmission was not automatic in all circumstances, particularly before 1975. Many families discover that citizenship transmission was interrupted at some point. A thorough legal analysis of your complete family history is necessary.
A provider develops an AI system or has it developed and places it on the market. A deployer, often the company actually using the tool in its operations, is subject to a separate set of obligations under the AI Regulation, including ensuring adequate AI literacy among its personnel.
Yes. Where Section 30 GmbHG is violated, a statutory repayment claim arises under Section 31 GmbHG — regardless of whether the withdrawing shareholder acted in bad faith. Our lawyers can assist with enforcing this claim.
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.
Yes, Article 116(2) of the German Basic Law allows descendants of those who lost German citizenship due to Nazi persecution between 1933-1945 to reclaim citizenship. This applies to ancestors who lost citizenship on political, racial, or religious grounds, including Jewish families, political dissidents, and other persecuted groups. These cases have no statute of limitations and often provide the strongest pathway to German citizenship by descent for affected families.
Yes. Because SaaS agreements are typically pre-formulated, Sections 305 et seq. BGB apply. Clauses that do not withstand this review become invalid and are replaced by the statutory provisions, while the remainder of the agreement stays in effect (Section 306 BGB).
The requirements are stricter for residence permits than for short visits. While minor offenses may not prevent a tourist visit (up to 90 days), they could still affect your eligibility for a residence permit. All residence permit applications involve thorough background checks and address registration with local authorities.
It depends on your nationality. Citizens of privileged countries (USA, UK, Canada, Australia, Japan, South Korea, New Zealand, and others listed in Section 26 Abs. 1 BeschV) can enter Germany visa-free for up to 90 days and apply for the residence permit after arrival at their local Ausländerbehörde. Citizens of other countries must apply for a national visa at a German embassy or consulate before entering Germany.
All three are precautionary measures, but they differ in key respects:
- Seizure secures a specific, identifiable item.
- Asset freezing, by contrast, secures the confiscation of an equivalent monetary value. It freezes assets, whether movable or immovable, up to the amount expected to be confiscated.
- Property attachment is ordered directly by the tax authority itself, without the need for a court-issued enforcement order.
In principle, yes. Under German law, a GmbH managing director can be removed at any time, unless the articles of association restrict this right or make removal contingent on good cause.
Penalties vary depending on the nature of the offense. Manufacturing, trafficking, or self-doping can result in a fine or up to three years’ imprisonment. Acquiring or possessing doping substances for self-doping purposes may carry a fine or up to two years in prison. In serious cases — such as where the health of many people is put at risk — sentences of between one and ten years are possible.
We work directly with HR departments and in-house legal teams, adapting to the communication structures and preferences of each client. In practice, this means clear advice delivered in English, regular progress updates throughout an application, and proactive communication when issues arise or deadlines approach. We handle the relationship with German immigration authorities directly, so clients do not need to coordinate between us and the relevant offices.
Requirements vary between banks but typically include official extracts from the company register for the foreign parent entity, identity documents and proof of address for all ultimate beneficial owners, a corporate structure chart, information on the business model and expected transaction flows, and notarized copies of the German entity’s founding documents. The more complex the ownership structure, the more extensive the documentation requirements are likely to be.
German M&A transactions often involve works councils, require different due diligence approaches focusing on employment and environmental liabilities, and typically use asset deals rather than share deals. German antitrust thresholds differ from US requirements, and post-transaction integration must comply with German employment law consultation requirements.
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.
Yes! Under Germany’s new citizenship law, effective June 2024, Americans can retain their US citizenship when naturalizing in Germany. This allows for true dual citizenship without renouncing your American passport.
This represents a complete reversal of the previous German policy that forced citizenship renunciation. Your children will also automatically receive both German and American citizenship, providing them with maximum flexibility for their futures.
Article 33 GDPR does not treat a missed deadline as an automatic violation, but it does require the notification to be accompanied by reasons for the delay. A late notification can still result in a fine. However, supervisory authorities take into account whether the company can reasonably explain the delay and whether it otherwise acted cooperatively and diligently. A well-documented late notification is significantly better, from a legal standpoint, than no notification at all.
As a general rule, yes — the right of residence is dependent on the EU spouse’s own right of free movement. However, if you have already acquired an independent right of residence, that right remains in place. This can arise, for example, after three years of married life together in Germany.
The treaty prevents double taxation on business income and provides favorable treatment for dividends, interest, and royalty payments between Greek and German entities. It reduces or eliminates withholding taxes on cross-border payments and provides mechanisms for resolving tax disputes. We coordinate tax structuring to optimize treaty benefits while ensuring compliance in both jurisdictions.
No. There is a right to refuse to answer where providing information would expose the person concerned to the risk of prosecution for a criminal offense or a regulatory offense. This right is grounded in the constitutional principle of nemo tenetur se ipsum accusare and protects against compelled self-incrimination.
The GmbH (with a minimum capital of € 25,000) provides credibility with German banks and business partners for long-term commitments. The UG (€1 minimum capital) is suitable for startups testing the market before scaling. Branch offices offer simpler registration for companies maintaining primary Israeli operations. The optimal structure depends on your liability protection needs, tax considerations, and growth plans.
Germany does not offer a dedicated retirement visa. Non-EU nationals who wish to retire in Germany must apply for a general residence permit under Section 7 AufenthG, demonstrating financial self-sufficiency and adequate health insurance coverage. Those with close family members already resident in Germany may have additional options through the family reunification route.
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.
An immunity-conferring self-disclosure requires that, at the time of submission, none of the statutory blocking grounds under Section 371(2) AO are in place — in particular, no criminal or administrative fine proceedings may have been initiated and no audit order may have been notified to the taxpayer. All incorrect or incomplete information must be corrected, and all previously undisclosed taxable matters fully disclosed. Finally, the evaded tax amounts, including interest and any applicable statutory surcharges, must be repaid within the specified deadline. A German criminal tax lawyer will assess whether these requirements can still be satisfied in the specific case and will support the preparation and submission of the self-disclosure.
They arise from equal ownership without conflict-resolution mechanisms, personal differences, or strategic disagreements over business decisions.
The EU Blue Card is Germany’s primary equivalent to the US Green Card for skilled professionals. This visa allows high-earning individuals from non-EU countries to live and work in Germany for up to four years. To qualify for an EU Blue Card, you need a German university degree (or equivalent foreign qualification), a job offer meeting specific salary requirements, or employment in shortage professions like engineering, IT, medicine, or mathematics. The EU Blue Card offers a fast track to permanent residence in just 33 months (or 21 months with B1-level German language skills) and allows for family reunification, making it an attractive pathway for skilled workers seeking long-term residence in Germany.
Yes, international companies typically require DPIAs before deploying AI systems in Germany. GDPR Article 35 mandates DPIAs for high-risk processing activities, which includes most AI applications that process personal data, make automated decisions, or monitor individuals systematically. The DPIA must evaluate privacy risks, identify mitigation measures, and document compliance decisions for regulatory review.
The treaty eliminates withholding tax on dividends (0%) when holding at least 10% ownership for 12 months or more; otherwise 15% applies. Interest and royalty payments are subject to 0% withholding tax treatment. The treaty prevents double taxation on corporate income and facilitates tax credits, though it provides limited relief for inheritance taxes.
There is no fixed timeline. Once an Erbschein application is submitted with the correct documentation, heirs can generally expect to receive the certificate within a few weeks, though probate court delays are common. For international heirs who also require a tax clearance certificate (Unbedenklichkeitsbescheinigung) before funds can be transferred abroad, the overall process will take longer.
Medical certificates documenting the condition or disability and explaining why the B1 level cannot be achieved. The more thorough the medical documentation, the stronger the prospects of recognition. A lawyer can assist in compiling and presenting the documentation in a way that makes the strongest possible case to the authority.
The consequences depend on the nature and severity of the violations. Negligent violations may result in additional payment demands and fines. Where intent is suspected, the Principal Customs Office will initiate criminal proceedings. An experienced attorney will review the allegations, prepare written submissions, and negotiate the next steps — in many cases, it is possible to avoid proceedings entirely or to significantly reduce the consequences.
Under Section 248a StGB, petty theft is only prosecuted upon complaint, unless German law enforcement authorities consider intervention necessary due to special public interest. Property is generally regarded as petty when valued at 50 euros or less. However, whether something qualifies as petty depends on the individual circumstances of each case.
There is no fixed universal deadline, but the timing of your application is critical. If you submit a new residence permit application before your current permit expires, German law — under Section 81 of the Residence Act — treats your stay as provisionally lawful while the application is being processed. If you wait until after your permit has expired, your legal position becomes considerably more difficult. We strongly recommend seeking advice as early as possible.
Yes. All direct descendants of a qualifying Austrian ancestor are eligible, including grandchildren and great-grandchildren. There is no generation limit under Section 58c for descendants of victims of the National Socialist regime. For the standard descent pathway, eligibility depends on whether citizenship was properly transmitted through each generation under the law applicable at the relevant time.
Yes. Independent confiscation under Section 76a(4) StGB allows for the permanent seizure of assets where the court is satisfied that they originate from an unlawful act – regardless of whether a conviction follows or the criminal proceedings are discontinued. This is one of the most significant aspects of German asset recovery law for international clients to understand.
Yes. With respect to this specific accusation, both the interest in expulsion under Section 54(2) No. 8a AufenthG and criminal liability under Section 95(2) No. 2 AufenthG require that the statements were knowingly false or incomplete. A simple misunderstanding about the registration requirement, or negligently incorrect information, is not sufficient under case law. This point should be addressed in every statement submitted.
Depending on the circumstances, a company may face a supplementary duty assessment with evasion interest, a fine of up to EUR 50,000 for negligent tax reduction under Section 378 AO, or – in cases of intentional conduct – criminal prosecution for customs evasion under Section 370(6) AO carrying sentences of up to ten years. Our lawyers assess the specific facts, determine the scope of liability, and develop a strategy suited to the company’s situation.
Yes, our Cologne office can represent clients who live elsewhere but require proceedings in Cologne courts. This applies particularly to international families or those who relocated after marriage. Our digital capabilities ensure effective communication throughout the process.
This always depends on the specific case and is determined by the licence terms of the respective AI platform. Often there are limitations or third-party rights that must be observed. Therefore, you should always carefully review the terms of use.
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 consequences can be serious. The existing residence permit loses its legal basis, the immigration authority can revoke it, and an obligation to leave Germany arises. In the worst case, deportation becomes a real threat. Family members whose residence permits are derived from yours may also be affected. It is all the more important to initiate legal proceedings without delay.
Yes, experienced immigration lawyers can significantly help through direct communication with authorities, formal inquiries, and comprehensive case reviews to identify and resolve issues. Lawyers can escalate matters through appropriate channels, advocate for case prioritization when valid urgency exists, and provide legal representation including appeals if necessary. Their expertise in German immigration law enables tailored strategies to address specific delay causes.
Yes, an account freeze can significantly damage your credit rating. If payments due during the freeze, such as loan instalments, rent, or insurance premiums, cannot be made, payment reminders and negative entries with credit reference agencies, such as SCHUFA, are likely. This can have long-term consequences, making future credit applications, tenancy agreements, or business relationships more difficult. Swift removal of the freeze is therefore essential.
The treaty prevents double taxation on business income and provides favorable treatment for dividends, interest, and royalty payments between French and German entities. It reduces or eliminates withholding taxes on cross-border payments and provides mechanisms for resolving tax disputes. We coordinate tax structuring to optimize treaty benefits while ensuring compliance in both jurisdictions.
Yes. Access to German courts is not restricted by nationality or place of establishment. Foreign individuals and companies can bring civil claims in Germany provided German courts have jurisdiction. For EU-based parties, jurisdiction is typically established under the Brussels Ibis Regulation. For non-EU parties, the ZPO and applicable international agreements govern.
A risk assessment is the systematic analysis of all existing threats — legal, financial, and reputational. It covers the identification and characterization of risks, an evaluation of the level of exposure in each area, and culminates in an overall assessment. Only on this basis can priorities be set, measures coordinated, and resources deployed effectively. Skipping this step means responding to symptoms rather than causes.
Where a final rejection is to be reassessed due to a change in the law, or where documents have become available that were not accessible at the time of the original decision. A concrete, properly substantiated ground for reopening is always required — early legal advice is recommended given the complexity involved.
Most non-EU construction workers enter on a Skilled Worker Visa under Section 18a of the Residence Act, which covers workers with a recognized vocational qualification or relevant professional experience. The EU Blue Card is available for management-level roles meeting additional requirements.
The starting point is typically a formal demand letter (Mahnung) that places the debtor in default and requests payment within a specified period. If this does not result in payment or a settlement, the creditor may initiate a court order for payment proceedings or bring a civil claim. A lawyer can assess which route is most appropriate given the amount involved, the debtor’s likely position, and the urgency of recovery.
Yes. Same-sex spouses and registered partners have the same rights to family reunification as heterosexual couples. The sponsor must hold a qualifying residence status and demonstrate adequate housing and financial resources. Where the sponsor holds an EU Blue Card, the German language requirement that would ordinarily apply to the joining spouse is waived, and the joining spouse receives an immediate and unrestricted right to work in Germany.
The EU Permanent Residence Permit offers enhanced mobility within the European Union compared to the standard German permanent residence permit. While both grants permanent residence in Germany, the EU version makes it easier to move to and live in other EU countries, making it particularly attractive for those considering future relocation within the EU.
No. The fiction of permission under Section 81(3) of the AufenthG secures only the person’s stay in Germany and lapses automatically upon departure. Re-entry cannot be based on this certificate. Anyone who nonetheless leaves the country risks being refused entry at the border and jeopardizing their pending application. Legal advice should always be sought before planning such a trip.
Departure is generally possible where the certificate is based on Section 81 (4) AufenthG, known as the fiction of continued validity. This applies where a renewal or amendment application was filed before an existing residence permit expired. The previous permit is treated as continuing in this case, so the re-entry requirements remain met. Whether an individual’s certificate meets this requirement can be reliably clarified in a consultation with Schlun & Elseven.
All evidence obtained through illegal phone tapping can be excluded from criminal proceedings, including direct recordings, transcripts, and any additional evidence discovered as a result of unlawful monitoring. This derivative evidence exclusion principle can eliminate entire categories of evidence when wiretapping violations are proven.
Secondary evidence obtained through information gathered from illegal electronic surveillance may also be excludable, depending on how closely it relates to the surveillance violations. Successful exclusion of phone tapping evidence can result in dropped charges or significantly weakened prosecution cases.
Yes. Under Articles 15 and 16 of the Withdrawal Agreement, periods of qualifying residence both before and after the end of the transition period on 31 December 2020 count towards the five-year requirement. A British national who arrived in Germany in 2021 and has been living and working there since will reach the five-year threshold in 2026.
The boundary between criminal smuggling and permissible humanitarian assistance is often unclear. In principle, well-intentioned support can still constitute a criminal offense if it enables unlawful entry or illegal residence. However, humanitarian motivation can operate as a mitigating factor in sentencing, or may lead a court to treat the case as a less serious instance of the offense. There is no blanket answer — it depends on the specific circumstances.
Intentional driving without a license under Section 21 StVG carries a fine or a custodial sentence of up to one year. The court takes into account prior traffic convictions, whether other road users were endangered, and the frequency of the unlicensed driving. A disqualification period of six months to five years before a license can be reissued is typically imposed alongside the primary sentence. Where the offense is committed negligently, the maximum sentence is reduced to six months’ imprisonment or a fine of 180 daily rates. An MPU order may also be made.
Affected companies have both civil and criminal remedies available. Under civil law, options include a warning letter with a cease-and-desist demand, a preliminary injunction, and claims for damages. At the same time, filing a criminal complaint may be advisable, as prosecutors have extensive investigative powers, including the authority to conduct searches to secure evidence.
As a general rule, yes – the right of residence is accessory in nature. Exceptions apply, for example, in the event of the EU citizen’s death, or where specific protective grounds exist. Where an independent right of residence has already arisen – such as through three years of marriage spent in Germany – that right is retained.
Brexit changed the regulatory landscape for UK businesses operating in Germany. UK companies now face third-country requirements and must comply fully with German corporate law for their German operations. Our corporate lawyers support clients with these requirements through proper German company formation (GmbH, UG, AG), restructuring existing operations, or establishing compliant subsidiaries to maintain market access.
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.
German citizenship by descent requires an unbroken chain of citizenship transmission through each generation. You would need to establish that German citizenship was legally transmitted from your grandparent to your parent, and then to you. This becomes complex because citizenship transmission was not automatic in all circumstances, particularly before 1975. Many families discover that citizenship transmission was interrupted at some point. A thorough legal analysis of your complete family history is necessary.
Investment fraud is punishable by imprisonment for up to three years or a fine.
Account freezes often occur without warning and can paralyze your entire business operation. An attorney can immediately contact the authorities, challenge the legal basis for the freeze, and, if appropriate, obtain partial release for essential ongoing transactions such as payroll or supplier payments
As a rule, yes. Missed deadlines are objectively verifiable and almost always give rise to liability on the part of the advisor.
Not automatically. Employee status can continue under certain conditions — for example, after involuntary unemployment following more than one year of employment, or in cases of temporary incapacity for work. The precise assessment depends on the individual case.
Penalties range from fines to prison sentences up to five years, depending on severity. In serious cases, sentences can reach ten years. Companies can face fines up to ten million euros.
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 defense options).
Yes, in most cases. The immigrating spouse or registered partner must demonstrate basic German language skills at level A1 of the Common European Framework of Reference for Languages (CEFR) before the visa is issued. This can be met by submitting a certificate from a recognized institution such as the Goethe-Institut. Exemptions apply in a number of situations depending on the sponsor’s permit type and the individual circumstances of the case. Legal advice is recommended where the language requirement may be an issue.
The court must hold an oral hearing within two weeks of the application being filed.
Yes, an application for detention review can be filed multiple times.
The duration of internal investigations in Germany varies significantly based on multiple factors and cannot be predicted with certainty at the outset. German law requires that the extent of, effort to conduct and means for an investigation must be commensurate with the anticipated issue. Timeline factors that influence duration include the scope and complexity of allegations, number of witnesses requiring interviews, volume of documents and data to review, need for forensic analysis, regulatory coordination requirements, and cooperation levels from all parties involved. Each investigation is unique and timelines must be assessed on a case-by-case basis after thorough initial evaluation.
Yes. A challenge is available in particular where statutory provisions or the articles of association were violated when the resolution was passed, for example through errors in the notice, the vote, or how voting rights were taken into account.
For young adults (18 to 20 years), German courts examine two main criteria: first, the accused’s personality development—does their mental and moral maturity still show typically youthful characteristics? Second, the nature and circumstances of the act—is it a typical juvenile offense, perhaps from peer pressure or youthful recklessness? If these prerequisites are met, the milder juvenile criminal law applies. The burden of proof lies with the court, which must conduct this examination carefully.
Self-disclosure under Section 22(4) AWG requires negligence. The mechanism does not apply to intentional violations. Furthermore, following the 2026 AWG amendment, certain conduct previously classified as a regulatory offense has become a criminal offense under Section 18 AWG when committed intentionally. In such cases, affected parties should seek legal counsel immediately to develop the best possible defense strategy.
Divorce can impact your residence status, particularly if you hold a family reunification permit. However, you may retain residence rights if you have been married for sufficient time, have custody of German children, or can demonstrate independent grounds for residence. Each situation requires individual legal assessment.
Only strictly necessary measures are permitted: physically restraining the person to prevent escape, bringing them to a separate room for up to 15–30 minutes until police arrive, removing items that could facilitate escape, and using proportionate force to overcome active resistance. Body searches, handcuffs, interrogations, photographing the person without consent, demanding payment, and the use of disproportionate force are all prohibited. Handing the person over to the police without delay is mandatory.
Yes – bilingual contracts with clear precedence clauses (e.g., “In case of doubt, the German version applies”) help avoid linguistic misunderstandings and create interpretive certainty. This is urgently recommended especially for complex technical or legal matters.
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.
An advantage is any benefit that objectively improves the recipient’s legal, economic, or personal situation and to which they have no legal entitlement. This includes cash payments, discounts, and the granting of loans, as well as intangible benefits such as honors, career advancement, or — as recognized in case law — sexual favors.
Only if the articles of association or the employment agreement expressly require this. Under German law, ordinary removal is possible at any time without the need for important grounds.
Not automatically. Unlike GmbH shares, interests in German partnership entities are only inheritable if the partnership agreement (Gesellschaftsvertrag) expressly provides for it. Without a succession clause, the deceased partner withdraws from the partnership upon death, and the estate receives a financial compensation claim rather than an active shareholding. The terms of the partnership agreement must be reviewed as a matter of priority.
Submit renewal applications at least three months before permit expiry to prevent status gaps. Required documents include current employment contracts, recent salary statements, proof of health insurance, and evidence of integration progress such as language certificates.
The primary tax on a commercial property purchase is property transfer tax (Grunderwerbsteuer), which is levied on the purchase price and varies by federal state. Value added tax (Umsatzsteuer) may also apply depending on the seller’s tax status and the structure of the transaction, and specialist tax advice should be taken to confirm the VAT position before contracts are signed. Ongoing ownership costs include property tax (Grundsteuer), the basis of which has been subject to reform in recent years. Tax structuring advice at the acquisition stage can significantly affect the overall cost of the transaction and is an area where early legal and tax counsel pays dividends.
A Fachaufsichtsbeschwerde is a complaint to the supervisory authority in the administrative hierarchy above the responsible office – in immigration cases, typically the relevant state ministry or internal supervisory body. It concerns the substantive lawfulness of an authority’s conduct or inaction, not the personal behavior of any individual official. No prescribed form, filing fee, or fixed deadline applies, and it can run in parallel with court proceedings rather than replacing them. The supervisory authority exercises its own discretion as to what action to take, but a formally lodged complaint by legal counsel frequently prompts action where repeated direct communication has not.
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.
Middle Eastern divorce decrees require formal recognition through German authorities under Section 328 ZPO. Recognition procedures involve examination of procedural fairness and compatibility with German public policy. Requirements include certified divorce decrees with certified translations and authentication through consular services. For some Middle Eastern nationals residing in Germany, pursuing divorce directly through German courts may be a more straightforward option than seeking recognition of foreign decrees.
Under Section 15a InsO, the filing must be made without undue delay once the applicable insolvency trigger has been established. German law sets maximum periods within which the director must act, and missing these deadlines carries both civil liability and criminal consequences. Precise timeframes should be confirmed with a German insolvency lawyer, given the company’s specific circumstances.
A European Arrest Warrant is a judicial instrument that legally obliges EU Member States to arrest and surrender the named person. An Interpol Red Notice is a request to locate and provisionally arrest a person for extradition purposes — it does not legally bind the states that receive it, though both carry a serious risk of arrest at the border.
No. An effective delegation of duties under Section 13 para. 2 ArbSchG can reduce personal liability for the delegated area, but does not eliminate it entirely. A duty to exercise care in selection and to carry out regular monitoring of the appointed person remains. Those who cannot demonstrate compliance with these requirements remain exposed to liability.
Product liability under the Product Liability Act (Produkthaftungsgesetz) is strict: the manufacturer is liable for damage caused by a defective product regardless of fault, provided the product was put into circulation in the course of business. Producer liability under Section 823 BGB requires proof of fault — the claimant must establish that the manufacturer was negligent in relation to a specific type of defect. Both frameworks may apply simultaneously, and the distinction significantly affects how claims are structured and what evidence is required. Foreign manufacturers supplying goods into the German market are exposed to both frameworks.
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.
Yes. The status lapses automatically after two years of absence from Germany under Section 4a(7) of the FreizügG/EU — no administrative decision is required. Anyone planning a prolonged absence should seek legal advice in advance.
Yes, we provide regular visits to clients detained at JVA Düsseldorf (Düsseldorf Correctional Facility) on Ulmenstraße. We develop tailored defense strategies while you’re in custody, ensure rapid file access, and coordinate with family members. We also handle detention reviews and appeals under German criminal procedure law.
Under Sections 43 and 44 AIG, joining spouses must be able to communicate in the national language spoken at their place of residence, or alternatively register for a language support programme. Children under 18 are exempt. Under Section 49a AIG, the language requirement may be waived where disability, illness, or another condition substantially impairs a person’s ability to learn a language. No equivalent language precondition applies under the AFMP.
GmbH (limited liability company) requires €25,000 minimum capital and offers full corporate benefits, while UG (entrepreneurial company) needs only €1 minimum capital but must build reserves annually. UG is designed for startups and can convert to GmbH once €25,000 capital is reached. Both provide limited liability protection for shareholders.
Yes, according to Sections 50(1) and (2) of the Residence Act, a foreign national without a valid residence permit is obligated to leave the country without delay. If departure does not occur, the person may also be deported under Section 58(1) of the Residence Act.
The decisive figure is the difference between the property’s value at the start of the marriage and its value at the time the divorce petition is served. Increases in value during the marriage are taken into account, and any outstanding loan liabilities are deducted.
Yes. The EU Succession Regulation allows you to designate the law of your nationality in a testamentary disposition. This choice of law should be made with legal advice to avoid formal errors and unintended consequences — for example in relation to compulsory share entitlements or tax implications.
The EU Blue Card is for non-EU professionals hired directly by a German company and requires a recognized university degree and a qualifying salary. The ICT Card is for employees transferred within a multinational group from a non-EU branch to a German subsidiary, with no minimum salary requirement. The two routes serve distinct scenarios and are not interchangeable.
Yes, recent changes to German citizenship law allow Canadians to retain their Canadian citizenship upon naturalization. After five years of legal residence, demonstrating B1 German language proficiency, passing the citizenship test, and meeting financial requirements, Canadians can acquire German citizenship without renouncing their Canadian nationality.
A standard national permit authorises residence only in the issuing country. The Daueraufenthalt-EU is a long-term status granted after five years of legal residence and provides limited rights to move to another EU member state. Even so, a German application procedure must still be completed before you can legally reside in Germany.
No minimum investment amount is set by law. The Ausländerbehörde assesses each application on its individual merits, with the viability of the business plan, the applicant's experience, and the expected economic impact carrying more weight than the level of capital alone.
The ICT Card is for intra-company transfers within a multinational group — the worker must already be employed by the group and is being moved to a German branch. It is not available to workers being hired by a German company for the first time, and it carries no minimum salary requirement. The standard skilled worker permit, or EU Blue Card, applies when a German company engages a non-EU professional directly.
A qualified medical certificate is a medical document that not only confirms a diagnosis but also describes the likely development of the patient’s health if deportation were to occur. The legal requirements for this certificate are set out in Section 60a(2c) AufenthG. It serves as the central form of proof for illness or care related deportation obstacles and must meet significant formal requirements. The German Institute for Human Rights has noted that access to such certificates can involve considerable practical hurdles.
No. Termination for personal use (Eigenbedarf) under Section 573 BGB applies only to residential tenancy law and is not available to commercial landlords. Recovery of commercial premises is only possible through ordinary termination of an indefinite-term lease or extraordinary termination for cause under Section 543 BGB.
No. A conviction alone is not sufficient. The authorities must establish that your personal conduct represents a genuine, present, and sufficiently serious threat to a fundamental interest of society. Past conduct that no longer reflects a current risk will not generally meet this threshold.
With statutory succession, the law determines who inherits the estate. With testamentary succession, the testator regulates through a testament or inheritance contract who their heirs should be. Testamentary succession takes precedence over statutory succession. However, it must be considered that the compulsory portion beneficiaries fundamentally cannot be bypassed entirely.
The remedies available depend on the type of contract and the nature of the breach. In sales contracts, the buyer can generally demand subsequent delivery or rectification before withdrawing from the contract or claiming damages. In work contracts, similar rules apply to defective performance. In other contracts, damages for non-performance or late performance are available where the conditions of Section 280 of the BGB are met. Limitation periods apply and vary by contract type.
Redemption takes effect as soon as the shareholder resolution is announced, so the affected shareholder leaves the company immediately, subject to their right to challenge the decision afterward. A court action for exclusion works the other way around: the shareholder remains part of the company until the court’s judgment becomes final, which is why this route is typically slower.
German law requires a minimum separation period of one year for uncontested divorces or three years for contested cases under Section 1566 BGB. After the separation period, simple uncontested cases may conclude within several months, while complex cases involving international assets, business valuations, or contested custody can take significantly longer. Court schedules and case complexity are the primary factors affecting the timeline.
An Interpol Red Notice does not automatically result in arrest — each member state decides independently whether to act on it. However, a Red Notice significantly restricts freedom of movement and can lead to detention at any border crossing or airport. If a Red Notice has been issued against you, seek legal advice immediately. Our extradition lawyers can assess the lawfulness of the notice, advise on your options, and initiate proceedings before the Commission for the Control of Interpol’s Files (CCF) to have it corrected or deleted where grounds exist.
They determine what proportion of the participation interest a manager has already earned at a given point in time. The unvested portion reverts to the company on early departure.
The GmbH is the most common vehicle — it offers limited liability, clear governance, and strong recognition among German institutions. Investors with more complex structures may consider a holding arrangement. The appropriate structure depends on the individual situation and is advised on in coordination with tax professionals.
Before any statement is made to the authority, the defense lawyer obtains full access to the case file. This establishes exactly what information the Familienkasse holds — which facts the authority knows and which it does not. Only on that basis can a sound defense strategy be developed. Making statements to the criminal unit without this information carries a real risk of inadvertently providing proof of intent.
A fine notice (Bußgeldbescheid) becomes legally binding if no formal written objection (Einspruch) is filed within two weeks of receipt. Once it takes effect, any associated driving ban is enforceable, and the fine must be paid. Within the EU, unpaid German fines can in principle be recovered in the driver’s home country through mutual assistance procedures. The two-week window is strict, and it cannot be extended after the fact.
Under Section 15(4) GwG, the risk factor associated with PEP status must continue to be taken into account for at least twelve months after the person leaves public office. After that period, a risk-based assessment must determine whether an elevated money laundering risk still exists. A former PEP classification can therefore remain relevant beyond that point. Lawyers specializing in money laundering law can help companies develop internal criteria for assessing these cases.
A residence permit for the recognition procedure permits secondary employment of up to 20 hours per week. Employment beyond this requires separate approval. We advise on which activities are permitted under the recognition procedure pursuant to Section 16d AufenthG and support applications for extended employment approvals.
An expired passport can lead the immigration authority to refuse to renew a residence permit, or to secure the person’s continued stay only by means of a tolerated stay (Duldung). A tolerated stay is not a residence title and carries significant restrictions, including on access to the labor market. Anyone who can foresee that obtaining a passport may be difficult should seek legal advice at an early stage, ideally before the passport expires and authority deadlines begin to run.
German courts can divorce marriages performed abroad if jurisdictional requirements are met. If one spouse has German citizenship, the foreign marriage must first be registered in Germany. If neither spouse has German citizenship, they typically must divorce in their home country and then seek recognition in Germany. Foreign marriage certificates require official translation.
Generally yes. Because U.S. citizens fall within the privileged group under Section 41 AufenthV, they may leave Germany and re-enter visa-free even while holding only a provisional legal status (Erlaubnisfiktion) under Section 81(3) AufenthG. The standard Schengen entry conditions must be met on re-entry. Given that individual circumstances vary, legal advice is strongly recommended before traveling abroad while a pending application is in progress.
Voice represents a protected personality characteristic under German law. AI-generated voices that imitate real people may only be used with explicit consent, particularly for commercial applications. This protection applies equally to sophisticated AI voice cloning technologies and simpler audio manipulation tools.
A summons for a violation of the Passport Act can arise in either a regulatory or a criminal proceeding. Anyone who receives such a summons should seek legal advice before making any statement, since unconsidered comments can worsen the situation. Our criminal defense lawyers at Schlun & Elseven Rechtsanwälte support clients from the first point of contact with the authorities, request access to the case file, and develop a coordinated defense strategy.
The CISG applies automatically to international sales contracts when both parties are from contracting states. It can have a neutral effect but is less common in the USA. A conscious contractual decision – inclusion or exclusion – is advisable.
The notification must meet the requirements of written form — that is, it must be in writing or in a comparable durable format, such as by email or as a signed information sheet (see Section 126b of the German Civil Code, BGB). It is also essential that receipt of the notification by the employee can be demonstrated. An internal note without documented proof of delivery does not suffice.
How long you lose your license depends on your case details and what the court decides. Penalties can range from several months to several years, or in extreme cases, result in permanent revocation. Our legal team will work to minimize the impact on your driving privileges by presenting a robust defense and, where possible, negotiating for more lenient penalties.
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).
Eligibility depends on the immigration status of the sponsoring person. Swiss citizens, C permit holders, B permit holders, and EU and EFTA nationals may all bring certain family members to Switzerland, though the conditions, eligible family members, and procedural requirements differ across each category.
Turkish tax liability can arise from either residence or the Turkish nationality of the decedent or the heir. Whether a filing obligation exists in Turkey in a given case depends on the specific circumstances. Schlun & Elseven’s lawyers clarify for clients which filing and payment obligations exist in both countries.
No, passive resistance like during a sit-in protest doesn’t constitute an offense under § 113 StGB. German law requires use of force or threat of force for criminal liability. Merely not cooperating or passive behavior isn’t sufficient. However, other legal consequences like administrative offenses may apply.
Yes, a German lawyer should urgently be retained. Computer fraud carries a high penalty and is technically highly complex. Even attempts and preparation are punishable. The evaluation of digital evidence requires technical expertise. An experienced criminal defense attorney reviews the legality of investigative measures and can often achieve dismissal of proceedings already at the investigation stage or significantly reduce the sentence through damage compensation. Without a lawyer, you risk unnecessarily high penalties and an entry in your criminal record. Going without legal representation is not advisable.
No. Diplomatic presence is legally distinct from regular residence under the AufenthG and does not count as a creditable period of residence. The qualifying period toward a Niederlassungserlaubnis begins only from the date the first regular residence permit is granted.
Various options are available for work purposes: visas for job seekers for professionals, ICT cards for employees transferred within companies, residence permits for workers and investors, as well as freelancer visas for self-employed individuals and digital nomads. We advise on the opportunities available to professionals under the new Skilled Immigration Act and assist in selecting the appropriate residence permit. Through careful preparation, we ensure accelerated application procedures.
No. A pending appeal in the country of origin does not automatically suspend enforcement in Germany. Under Section 13(2) EUBeitrG, the enforcement authority will only suspend proceedings if the requesting foreign authority actively notifies Germany of the lodging of an appeal. Furthermore, under Section 13(3) of the EUBeitrG, the requesting authority may expressly request that enforcement continue despite a pending appeal. A passive approach does not provide protection.
Comprehensive documentation is essential: the activities, time spent, and costs of each employee deployed must be recorded in a traceable manner. Without this evidence, reimbursement will fail in a dispute, even where the expenditure would in principle be reimbursable.
Even after insolvency proceedings have been opened, the tax office can issue a liability notice against the managing director. The decisive question is whether the relevant breaches of tax duty occurred before the insolvency.
Yes. Where German customs authorities issue a formal customs notice (Zollbescheid) – such as a duty assessment or a decision to forfeit goods – you have the right to lodge an administrative appeal (Einspruch) under the Abgabenordnung (General Tax Code, AO). Strict time limits apply. Our customs lawyers advise on the grounds and procedure for appealing German customs decisions.
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).
Standard naturalization requires five years of lawful residence in Germany. Processing times for naturalization applications typically range from several months to over a year, depending on the complexity of the application and the workload of the local authority. Spouses of German citizens can naturalize after three years of residence and two years of marriage.
Since the entry into force of the Act to Modernize German Nationality Law (Gesetz zur Modernisierung des Staatsangehörigkeitsrechts, StARModG) on June 27, 2024, multiple citizenship has been generally permitted in Germany. Spätaussiedler and their family members no longer need to relinquish Russian citizenship upon acquiring German citizenship. Russian nationals, however, are required under Russian law to notify the relevant migration authorities of the Russian Federation of the acquisition of another citizenship within 60 days.
Where a citizenship certificate (Staatsangehörigkeitsausweis) has already been issued, there is a strong argument that the BVA bears the burden of demonstrating the legal basis for its challenge. The precise allocation of the burden depends on the character of the specific decision and is one of the first issues our lawyers will assess.
Intentional assault requires that the perpetrator acted willfully and knowingly. With negligent bodily harm under Section 229 StGB, intent is absent. The perpetrator acts neither willfully nor knowingly but violates a duty of care. Negligent bodily harm carries a monetary fine or up to three years imprisonment and represents the least serious form of assault offense in Germany.
Yes, in many cases. Under Section 19c (1) of the German Residence Act, third-country nationals can obtain a residence permit to work remotely for a foreign employer, provided the work has no connection to the German labor market.
Yes, highly qualified scientists can obtain immediate settlement permits under Section 18c (3) German Residence Act without any prior waiting period. This applies to university teaching staff, scientific personnel in leadership positions, and academics with specialized knowledge of value to Germany. Required documentation includes proof of academic appointment, appropriate compensation, and demonstration of significance to Germany’s research landscape. Language and integration requirements may be reduced or waived.
In case of job loss, several alternatives are available to you:
- Job Seeker Visa: Allows residence for up to six months for active job searching
- Family reunification: If you have family members who are EU citizens or have permanent residence rights
- Self-employment visa (§ 21 AufentG): For entrepreneurs with a viable business concept
- Residence permit under other provisions: Depending on your individual situation
Quick consultation with specialized lawyers is recommended to find the best option for your situation.
Not automatically. Section 1a KSchG provides limited statutory severance rights for certain operational dismissals. Most severance packages are negotiated – either through termination agreements or during unfair dismissal proceedings. The leverage you have (strength of your dismissal challenge, evidence issues, company priorities) largely determines what you can negotiate.
The most common triggers include suspected corruption, fraud, and breach of fiduciary duty; antitrust violations; GDPR and data protection breaches; reports through whistleblower systems; violations of the Supply Chain Due Diligence Act (LkSG); balance sheet manipulation; and anti-money laundering violations.
This depends on the residence permit held. Spouses of EU Blue Card holders are fully exempt from the language requirement and may join their partner in Germany without any prior German language test. For most other permit categories, spouses must demonstrate A1-level German language proficiency before entry. This requirement can be met through a recognized language course and certificate, such as those offered by the Goethe-Institut. Exceptions apply in certain circumstances, including where it can be demonstrated that acquiring the required language skills before arrival is not possible or not reasonable given the individual situation.
Yes. As a suspect in German criminal proceedings, you have an absolute right to refuse to answer questions – at the police interview stage and in court. This applies regardless of your nationality and cannot be used as evidence of guilt. Consulting a criminal defense lawyer before any questioning is strongly recommended.
For importing not insignificant quantities of narcotics, both carrying a firearm and acting as a gang member lead to a minimum prison sentence of five years.
- Armed drug trafficking: Merely carrying the weapon on one’s body or having it within reach during the offense suffices – regardless of whether the perpetrator intended to use the weapon.
- Gang-related importation: The prerequisite is an association of at least three persons who share the common will to commit multiple independent acts related to drug trafficking involving not insignificant quantities in the future over a certain duration.
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.
VAT-registered businesses can generally reclaim import VAT as input tax, provided they are registered as the importer of record at the point of clearance. If a freight forwarder or agent appears as the importer instead, the right to reclaim may be lost.
Yes. Both the AG and the GmbH must be notarized. A private-form incorporation is not possible. Notarization is carried out by a notary licensed in Switzerland, after which the company is entered in the cantonal commercial register. The company only acquires legal personality upon registration.
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.
Yes. Opening a criminal investigation under Section 261 StGB does not require proof of an underlying offense — only a reasonable initial suspicion. That suspicion can arise from insufficient documentation alone, even where the funds were in fact lawfully acquired. Early legal involvement is therefore essential in order to address any suspicion before it reaches the stage of formal investigation.
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, case dismissals are possible at various stages. The prosecution can dismiss the case for lack of evidence, on the ground of minor fault or subject to conditions. An experienced criminal defense attorney can significantly increase the chances of dismissal.
The company is not directly liable. However, managing directors themselves can be held liable if they take insufficient protective measures or do not respond appropriately to an incident.
German criminal law does not provide for the criminal prosecution of legal entities. A GmbH or AG cannot itself be convicted of a criminal offense, and criminal liability falls on the individuals who lead and manage the company. However, companies can face substantial regulatory fines under the Administrative Offenses Act (OWiG), and asset seizure proceedings can target company assets where these are connected to alleged criminal activity.
Iran does not participate in the Hague Apostille Convention, requiring lengthier consular certification through both Iranian authorities and German diplomatic missions. This process adds significant time to immigration applications, family law proceedings, and business registration. We coordinate with the relevant consular offices, advise on alternative documentation when original certificates cannot be obtained, and ensure that German authorities receive properly authenticated documents that meet legal requirements.
Under the applicable social security rules, a seconded employee can remain covered by the German social insurance system for up to 24 months. Beyond that threshold, Swiss social insurance obligations apply. Cantonal authorities may also impose limits on longer deployments or require the arrangement to be restructured as local employment. Any secondment approaching the 24-month mark should be reviewed well in advance.
Legal consultation becomes valuable when standard inquiries receive no response, when processing appears stalled without explanation, or when urgent circumstances require expedited handling. Each case is unique, so professional assessment helps determine the best approach.
While surrogacy is prohibited in Germany, German residents can pursue surrogacy arrangements in countries with permissive laws, such as Ukraine, Greece, or California. However, this creates complex legal challenges:
- Establishing parental rights under German law,
- Obtaining German citizenship for the child,
- Meeting German immigration requirements,
- Ensuring the surrogacy agreement complies with German public policy.
Our legal team guides intended parents through international surrogacy compliance, helping navigate both foreign surrogacy laws and German recognition requirements.
No. The exemption under Section 24b BeschV applies to employed workers only. Self-employed offshore workers carrying out activities in the German territorial sea require a residence permit under Section 21 AufenthG. Please contact us to discuss the options available for self-employed personnel.
Violence includes any physical force affecting the victim’s body, directly or indirectly. This includes restraining, pushing, or forcibly snatching objects. The victim does not need to consciously perceive the violence – it applies even when someone is unconscious or asleep.
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 Ausländerbehörde Köln serves as the central administrative body for foreign nationals living in or moving to Cologne. It manages comprehensive immigration matters, including residence permits, asylum applications, family reunification, and naturalisation cases. The office processes everything from EU Blue Card applications for skilled professionals to German citizenship applications for long-term residents. Given its broad mandate, the Ausländerbehörde serves as the essential gateway for anyone seeking legal residence in Germany’s fourth-largest city.
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.
Beyond the obvious language advantage, we understand international legal systems and can bridge the gap between different legal traditions. We are experienced in explaining German legal concepts to international clients and ensuring nothing gets lost in translation – both literally and culturally.
Where the deceased was not a German tax resident, jurisdiction is determined by the heir’s place of residence in Germany. The locally competent tax office at the beneficiary’s place of residence is the correct point of contact in such cases.
Following successful graduation, a residence permit for seeking employment can be issued for up to 18 months. Any form of employment is permitted during this period.
Yes. The UG (mini-GmbH) is a special form of the GmbH. The same liability rules that apply to GmbH managing directors therefore generally apply to UG managing directors as well.
No. As a digital-first law firm, we manage cases entirely remotely. You can instruct us, share documents, and communicate with our team from anywhere in the world.
You can obtain an independent residence permit in various ways: through qualified employment (work permit for skilled workers), studying or vocational training in Germany, taking up self-employment or, in special cases, on humanitarian grounds. These options make you independent of your marital status and offer more legal certainty for your stay in Germany.
Fines are calculated under Section 40 StGB using the daily rate (Tagessatz) system. The fine is the product of a number of daily rates – between 5 and 360, or up to 720 in cases involving multiple offenses – and the value of each rate. The daily rate is based on the offender’s average daily net income at the time of conviction, ranging from €1 to €30,000.
No. Civil claims can be asserted independently of criminal proceedings. Whether filing a separate criminal complaint is advisable depends on your specific circumstances and objectives.
No, as an accused person you have the right to remain silent. You should not make any statements without prior access to the case files and legal advice. Careless statements can significantly weaken your defense position. The lawyer first reviews the allegations, obtains access to the files, and then develops a well-founded defense strategy.
There is no statutory minimum. The authorities do, however, assess plausibility, and a salary low relative to a genuine senior executive role will typically be treated as an indicator that the position is not substantive, often resulting in refusal. A salary clearly in line with a senior executive position in the relevant sector is an important element of every application.
Leaving Germany does not automatically result in loss of German citizenship. Many German emigrants retained their nationality, which could be passed down to descendants regardless of where they lived. However, certain actions could have caused citizenship loss, such as naturalizing in another country (under historical law) or formal renunciation. The key question is whether your ancestor retained German citizenship when your parent was born and whether it was successfully transmitted through each generation.
In the regular visa procedure, the Federal Employment Agency must respond within two weeks. Under the accelerated skilled worker procedure provided for in Section 81a AufenthG, this deadline is reduced to one week. If the Federal Employment Agency does not respond within the applicable deadline, approval is deemed to have been granted automatically. Where the deadline is exceeded without a decision being issued, our lawyers at Schlun & Elseven can take over the conduct of the procedure and work to bring about a prompt resolution.
Yes, recent German law changes allow most Balkan nationals to retain their original nationality when naturalizing. You’ll need five years of German residence, a B1 level of German language proficiency, a passed citizenship test, financial independence, and a clean criminal record. Specific dual citizenship rules vary by your country of origin.
A Fiktionsbescheinigung issued under the Fortgeltungsfiktion (Section 81 (4) AufenthG) can in principle satisfy the continuous residence requirement for naturalization, as it represents a recognized continuation of a qualifying permit. However, the naturalization authority retains discretion in how it assesses this period, and the outcome can depend on the nature of the permits involved. Legal advice is important to ensure the authority is correctly informed and the documentation is presented clearly.
Not under the specific rules for EU Blue Card holders. The standard requirement — 12 square meters per family member over six and 10 square meters per family member under six — does not apply. The available accommodation simply needs to be suitable for your family’s circumstances.
No. Once SOFA status ends, all entitlements connected to it cease immediately. This includes on-base shopping, fuel card use, VAT exemptions, and any other SOFA-tied privileges. Continued use of ration cards, fuel cards, or other SOFA documents after status has ended is unauthorized and can have serious legal consequences. All such documents must be returned as part of out-processing.
The actio pro socio is a mechanism under German corporate law that allows co-shareholders to pursue the GmbH’s repayment claims in their own name — for example, where management fails to act because the withdrawing shareholder controls it.
Yes. Under the GDPR, companies must comply with information obligations before processing personal data, including data processed through AI systems. Employees and other affected individuals have a right to know what data is being processed and why.
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.
From the German public prosecutor’s office or the court handling your criminal case. You cannot request it from the police.
You have several legal options including administrative appeal, requesting case review, or pursuing judicial review through the German Federal Administrative Court. Rejections often result from documentation issues or legal interpretations that can be addressed through additional evidence or alternative strategies. The rejection decision explains specific reasons for denial, which helps determine the best approach for challenging the decision.
As soon as the provider processes the customer’s personal data, a data processing agreement under Article 28 GDPR must be concluded. This applies to nearly all SaaS products used for business purposes.
It is important to stay calm and avoid making any statements before obtaining legal advice. Documents should not be handed over voluntarily; formally objecting converts a simple surrender of items into a challengeable seizure. Where possible, seized documents should be copied, and an inventory of the seized materials should be requested. A lawyer for tax criminal law should be contacted as quickly as possible.
Yes, international companies operating AI systems in Germany or serving EU customers must comply with German and EU AI regulations. This includes EU AI Act requirements, GDPR data protection rules, and German copyright law, regardless of where the company is headquartered.
Most likely, yes. German tax residency is typically established after six months of continuous residence in Germany. Once you become a German tax resident, you are liable for German income tax on your worldwide income, including income from your foreign employer. Germany has double taxation agreements with most countries to prevent double taxation, but the specific provisions vary. We strongly recommend consulting with both immigration lawyers and tax advisors before relocating.
Yes, the European Criminal Records Information System (ECRIS) allows police forces to share criminal record information across EU jurisdictions. This system ensures that convictions in one EU country are visible to German authorities, so attempting to hide your criminal history is both futile and counterproductive.
The notice periods specified in the managing director’s service agreement take precedence. The general provisions of the German Civil Code (Sections 611 et seq. BGB) apply supplementarily.
A distinction is made between substances that are prohibited at all times, those that are only prohibited in-competition, and those banned in specific sports. The full list is set out in Annex I of the International Convention against Doping, as referenced in Section 2(1) AntiDopG. Substances prohibited at all times include anabolic agents, peptide hormones, growth factors, related substances and mimetics, and hormone and metabolic modulators (as of 2026).
A VAT registration obligation arises in a number of situations, including selling goods that remain physically located in Germany, storing goods in a German warehouse or fulfillment center, selling to German consumers through online marketplaces above the relevant threshold, and organizing events or conferences on German soil. Both EU and non-EU companies can be subject to these obligations regardless of whether they have a physical presence in Germany.
Yes. We regularly support companies managing concurrent relocations — whether a small cohort of specialists or a larger-scale transfer program. We maintain oversight across all applications, track expiry and renewal timelines, and report to HR teams in a structured way that makes the overall picture clear. This is particularly important for companies with high volumes of international hires, where individual applications can otherwise fall through the gaps.
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.
An unjustified refusal to cooperate can be sanctioned as a regulatory offense under the SchwarzArbG. Where the legal requirements for refusing to answer are genuinely met, however, that refusal may not be sanctioned. The distinction is legally complex in individual cases and should always be made with the assistance of a lawyer.
Companies need to determine which data has been affected, how many individuals are affected, whether the data was encrypted or otherwise protected, whether it was only temporarily inaccessible or actually accessed or extracted, and whether there is a risk to the rights and freedoms of the affected individuals under Article 33 GDPR. This assessment should be carefully documented, and Article 33(5) requires the company to document every breach along with its effects and the remedial action taken. Even if the conclusion is that no notification is required, the company must be able to explain and justify that decision.
The authorities may only investigate the authenticity of a marriage where there are concrete grounds for suspicion — a vague suspicion is not a sufficient basis. A formal determination of loss of free movement rights also requires proof of deception, not merely suspicion. We recommend seeking legal representation at an early stage so that the investigation can be actively managed.
No. Greek nationals benefit from EU freedom of movement, allowing them to live and work in Germany without permits or visas. However, they must register with local authorities upon residence. While immigration barriers don’t exist, Greek companies must ensure that their employment relationships comply with German employment law, including provisions for works councils and dismissal protection.
There is no fixed income requirement. The relevant immigration authority assesses each application individually, weighing the applicant’s total financial position, including pension income, savings, and other assets, against the cost of living in Germany and the likelihood of any future reliance on public funds. Because this is a discretionary decision, the strength of how an application is documented and presented can influence the outcome. Legal advice before applying is particularly valuable for this reason.
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.
Yes, Germany’s June 2024 reform eliminated restrictions on dual citizenship. Israeli citizens can now obtain German citizenship through naturalization, descent, or restoration under Article 116, while maintaining their Israeli nationality. This applies to all pathways, including the five-year residence and marriage-based naturalization options.
The GmbH’s operational capacity is restricted, management and employees are burdened, investments remain suspended, and customer and partner confidence suffers.
You can obtain permanent residence in Germany through several pathways after meeting specific residency requirements. The standard path requires five years of legal residence with a valid visa or residence permit. However, this timeline can be significantly reduced: EU Blue Card holders can apply after 33 months (or 21 months with German language proficiency), entrepreneurs after successful business establishment and three years of residence and in some cases German university graduates after two years. To qualify, you must demonstrate financial self-sufficiency, adequate living space, clean criminal record, and in most cases, basic German language skills (B1 level).
US companies operating in Germany must comply with GDPR data protection requirements, industry-specific regulations (banking, healthcare, manufacturing), German employment law, corporate governance requirements, and ongoing tax and regulatory filing obligations. Compliance requirements vary significantly by industry and business activities.
Yes, though procedures differ from German standards. Swiss property transactions may have cantonal restrictions in certain sectors. We coordinate with partner law firms across Switzerland to handle acquisition procedures, due diligence, and regulatory compliance for German clients investing in Swiss real estate.
Yes. An heir’s country of residence has no bearing on their entitlement under German law. The practical process, however, is more complex for international heirs — applying for the Erbschein from abroad, engaging with German tax authorities, and obtaining the tax clearance certificate for cross-border transfers all present challenges that are best handled with experienced legal support.
AI recruitment tools are permitted but face strict compliance requirements under German employment law. You must ensure AI systems do not discriminate against protected characteristics, maintain human oversight for hiring decisions, establish clear legal bases for candidate data processing, and potentially consult works councils before implementation. Anti-discrimination monitoring and bias detection systems are essential.
The statutory exemption applies specifically to guest workers and contract workers, and to spouses who joined them in Germany. Children are subject to the general rules for minor applicants. Anyone unsure which rule applies in their specific case should seek legal advice.
A defective or incomplete self-disclosure has no immunity-conferring effect. Criminal prosecution for tax evasion under Section 370 AO, therefore, remains open. Those affected face a fine or a custodial sentence of up to five years — in serious cases, up to ten years. Professional consequences may also arise. Legal assistance in preparing the self-disclosure is therefore indispensable.
Smurfing refers to splitting a larger sum of cash among several individuals, each carrying amounts just below the €10,000 reporting threshold. German investigators treat this pattern as a classic indicator of money laundering. The total amount and the coordinated manner of division are assessed together; suspicion alone can lead to a seizure and a criminal investigation.
No, not under Austrian law. Descendants of victims of the National Socialist regime who acquire Austrian citizenship under Section 58c are explicitly permitted to retain their existing nationality. The United States also generally permits its citizens to hold a second citizenship. The laws of your country of residence or nationality should always be verified before proceeding, as some countries impose restrictions on dual citizenship.
Basic theft under Section 242 (1) StGB carries a maximum sentence of up to five years’ imprisonment or a monetary fine. Penalties increase substantially for aggravated theft under Section 243 (1) StGB or qualified theft under Section 244 (1) StGB, which covers theft with weapons, gang theft, or residential burglary. The same applies to serious gang theft under Section 244a (1) StGB, which carries a sentence of 1 to 10 years’ imprisonment.
We strongly advise against this. Without prior access to the file, there is a risk of conceding facts without proper review or using language that could be interpreted as an admission of intentional conduct. A statement prepared with legal review takes into account the specific accusations in the file and the relevant interests in remaining in Germany.
No, not as a general rule. Where the freight forwarder used a tariff number provided by the client, liability for costs and sanctions remains with the importing or exporting company. A customs law lawyer can assess whether a claim for recourse against the forwarder exists and advise on the most effective way to protect the company’s position.
German language requirements depend on your visa type. EU Blue Card and ICT Card holders don’t need German initially, but B1-level German is required for permanent residency. The Chancenkarte awards points for German skills but does not require them.
While not legally required for most work visas, basic German significantly improves your daily life, career prospects, and integration into German society. Many international companies operate in English, but German skills open doors to more job opportunities and higher positions.
We recommend starting German lessons early in your immigration journey. Even A2-level German helps with administrative tasks and socializing and demonstrates a commitment to integration, which can expedite your path to permanent residency.
Cross-border cases require managing proceedings in multiple jurisdictions, ensuring foreign documents meet German court requirements, and coordinating with international legal professionals. We handle cases involving family connections across Europe and beyond.
The Fiktionsbescheinigung (probationary certificate) is a document issued by the immigration authority that confirms your stay is provisionally covered while a new residence permit application is being decided. If you have already submitted an application and your previous permit has expired or is about to expire, this certificate is essential proof that you are still lawfully present in Germany. Our lawyers can assist you in obtaining a probationary certificate as quickly as possible.
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.
Using copyrighted works without a licence for training purposes can cause legal problems. Copyright holders may, under certain circumstances, demand the removal of their works from training datasets or claim damages for unauthorised use.
The time limit for bringing a claim is generally two weeks from the date the notice was served. This is a statutory exclusion period – anyone who misses it loses the right to judicial review. Our lawyers at Schlun & Elseven therefore recommend presenting the notice on the day it is received, or at the latest the following day, so that all deadlines can be met.
Take immediate action by contacting the responsible immigration office for written status updates and verifying all submitted documents remain valid. Consider engaging legal representation early, as lawyers can file formal inquiries and utilize established authority relationships. Prepare contingency plans for potential consequences and gather evidence of urgency if applicable to support expedited processing requests. Document all communications and maintain detailed records throughout the process.
Leaving Germany does not automatically result in loss of German citizenship. Many German emigrants retained their nationality, which can be transmitted to descendants regardless of where they lived. However, certain actions could have caused citizenship loss, such as naturalising in another country (under historical law) or formal renunciation. The key question is whether your ancestor retained German citizenship when your parent was born and whether it was successfully transmitted through each generation.
A lawyer contacts the bank’s legal department directly, bypassing bank staff. They clarify the exact grounds for the freeze, examine their legality, and lodge objections where appropriate. In cases of unjustified freezes, they can demand immediate release from the bank and escalate to the board if necessary. They also represent you in official investigations and protect your rights throughout the process.
Yes — if the advisor failed to draw attention in good time to the speculation period or the risk of classification as commercial property trading, a breach of duty is likely.
If the defendant fails to indicate their intention to defend within two weeks of service, the plaintiff may apply for a Versäumnisurteil — a default judgment — under Section 330 ZPO. Provisional enforcement is possible immediately. The defendant has two weeks to file an Einspruch (objection) under Section 338 ZPO. If a second default judgment is issued under Section 345 ZPO, no further objection is available.
Crisis communications is more than press relations. It must be legally sound, since statements made to the media can later be used in legal proceedings. An interdisciplinary law firm aligns external communications — toward employees, clients, trading partners, and the press — with the legal measures being pursued in parallel, ensuring both levels remain consistent and free of contradiction.
Works councils (Betriebsrat) can be established in companies with five or more employees, granting workers co-determination rights under the Works Constitution Act. They must be consulted on working arrangements, recruitment, and dismissals. Companies with 20 or more employees face works council veto rights over certain decisions, which differ from French comité d’entreprise structures. Failure to consult works councils can render management decisions legally ineffective.
No. Recognition only takes effect when a positive notice is issued. Your status remains as it was before the rejection until the process concludes.
Processing times vary depending on the visa route and the authorities involved. The fast-track procedure under Section 81a of the Residence Act provides the most predictable timeline: once preliminary approval is issued, a visa appointment can be booked within three weeks, with a decision expected within a further three weeks of a complete application. The standard procedure takes longer, particularly where qualification recognition is required.
Yes. Auditors may interview employees about their duties and responsibilities. Statements made by employees can subsequently be used against the company — particularly where they are careless or could be misunderstood. It can be worthwhile to brief employees in advance. Companies should also ensure that interviews take place in the presence of an attorney.
Yes. Supporting a family member can also constitute a criminal offense. Booking a flight ticket for a relative without a valid visa, or accompanying them into Germany, can be treated as aiding and abetting unlawful entry. Family ties do not provide immunity from prosecution, though they can be taken into account when determining the appropriate sentence.
Temporary absences of up to six months per year do not affect continuity of residence, nor does a single absence of up to twelve consecutive months for a compelling reason. Longer or more frequent absences may interrupt the qualifying period. If you are unsure how a particular absence affects your position, legal advice should be sought before submitting an application.
Driving without a license on enclosed private land that is clearly separated from public traffic by barriers, gates, or fencing is generally not a criminal offense, provided the landowner’s permission has been obtained. However, car parks attached to supermarkets or business premises that are accessible to the general public without barriers are treated as public traffic areas and require a valid license. Any offense committed in such areas is prosecuted as a criminal matter.
You’ll need to provide proof of continuous residence in Germany for 5+ years through utility bills and rental contracts, financial evidence via payslips and bank statements, a valid passport, evidence of health insurance and pension contributions, language certification showing German proficiency and integration exam results, and documentation confirming no security concerns or grounds for expulsion.
Under Section 23 of the Trade Secrets Act (GeschGehG), imprisonment of up to three years may be imposed for basic offenses, such as when an employee discloses trade secrets during the employment relationship. In cases involving aggravating circumstances, such as acting for commercial gain or disclosing information abroad, the maximum penalty increases to five years. Even an attempt to commit such an offense is punishable.
An independent right of residence can arise where the marriage lasted for at least three years and at least one of those years was spent in Germany, or where you hold parental responsibility for children of the marriage. A special rule applies in cases of domestic violence, independently of the length of the marriage.
Yes, since June 2024, German citizenship law reforms allow dual citizenship. UK nationals can naturalise as German citizens after five years of legal residence (reducible to three years with exceptional integration), B1 German language skills, and financial self-sufficiency. Our immigration specialists handle the complete naturalisation process and coordinate with German authorities.
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.
Even though the situation can be overwhelming, try to remain calm and contact a lawyer specializing in investment fraud immediately. Do not make any statements without legal assistance.
Court orders for electronic surveillance have specific time limitations, typically ranging from several weeks to a few months, depending on the suspected crime and circumstances. Extensions require new court approval and additional justification for continued phone tapping.
Wiretapping must end when court orders expire, when investigations conclude, or when monitoring is no longer necessary for the investigation. Continued electronic surveillance beyond authorised timeframes violates constitutional rights and renders any additional evidence inadmissible.
That depends on where the judgment was issued. EU judgments are automatically recognized under the Brussels I Recast Regulation. Judgments from Switzerland, Norway, and Iceland benefit from the Lugano Convention framework. For all other countries, including the United States and the United Kingdom, recognition is assessed under Section 328 ZPO, and an exequatur action before a German regional court is generally required. The reciprocity requirement and the public policy exception are the most commonly arising obstacles.
No. You have the right to remain silent under German criminal procedure and should exercise this right. Statements made without legal assistance can worsen your position, even when you are not involved in wrongdoing. Your attorney should handle all communications with authorities.
Yes, under certain conditions. Third-country national spouses of EU citizens can derive free movement rights provided the EU citizen holds those rights and the marital relationship is genuine. The non-EU spouse also has the right to work without restriction in the host member state.
Companies attract regulatory attention when operations violate environmental protection rules — in wastewater treatment, waste disposal, emissions control, or handling hazardous substances.
Yes, but only where the circumstances of the case meet the threshold of particular hardship under Section 36 of the German Residence Act. This means the situation must suggest that either the parent or the adult child in Germany is dependent on family support that can only be provided in Germany. General economic or social conditions in the country of origin are not sufficient grounds. Each case is assessed individually, and the bar for demonstrating particular hardship is relatively high.
Germany has no corporate criminal liability, so prosecutors must identify the responsible individual within the company and prove their guilt.
No, the application can only be filed by you personally or by a lawyer. However, family members can assist by appointing a lawyer and gathering the necessary documentation.
There is no single fixed income threshold. The immigration authority makes a forward-looking assessment of whether the sponsor’s income is sufficient to cover the needs of the household without recourse to public funds. The assessment takes into account current income, the nature and duration of the employment contract, and the likelihood of continued employment. Sponsors in complex or borderline financial situations are advised to seek legal advice before submitting an application.
German internal investigations are company-initiated and controlled, allowing for attorney-client privilege and strategic decision-making about disclosure. Regulatory investigations are initiated by authorities like BaFin, prosecutors, or tax authorities, with mandatory cooperation requirements and limited privilege protections. German authorities generally are not bound by the decisions of foreign authorities but execute their investigations and decisions independently. Internal investigations can help companies prepare for and potentially mitigate regulatory investigations.
Not every defective resolution is automatically invalid. In cases of particularly serious defects, such as a violation of public policy or a failure to obtain required notarization, a resolution is void from the outset. In most other cases, such as procedural defects, the resolution initially remains valid and can only be set aside through a timely challenge action.
For juveniles (14 to 17 years), legal guardians must generally be notified by police when an interrogation is scheduled. They have the right to be present during questioning. This serves to protect the young person and ensures their rights are safeguarded. Rights notification must also be provided in age-appropriate, comprehensible language. For young adults, this notification obligation does not automatically exist, but the presence of a defense lawyer at this critical stage can be decisive.
The AWV and AWG require “appropriate measures.” What qualifies as appropriate in a given case depends on the size of the company, the complexity of its foreign trade transactions, and the circumstances of the violation. Typical recommendations include introducing or revising a compliance system, training relevant staff, and establishing automated monitoring and deadline-tracking processes.
The police must be notified immediately, and the detained person must be handed over without delay. Detention lasting more than 30 minutes without police involvement will generally no longer be covered by the urgency principle and may therefore be unlawful. Prolonged detention in private premises, “interrogations,” and pressure to make payments are not permitted and may themselves constitute unlawful deprivation of liberty under German criminal law.
CISG generally applies automatically when both contracting parties are from contracting states – including German-American contracts. It can function as a neutral compromise between BGB and UCC, but is less common in US practice. A conscious contractual decision – inclusion or exclusion – is advisable.
Not automatically. Socially appropriate benefits — those that correspond to what is generally customary and do not create the impression of any obligation or undue influence — are generally not criminal. The acceptance of an invitation, small gifts, or tokens of appreciation may be permissible. The assessment depends on the circumstances of the individual case and the relevant industry. Stricter rules apply where public officials are concerned.
Legal due diligence involves a systematic review of the property’s legal status before contracts are signed. Your lawyers will examine the land registry (Grundbuch) for encumbrances and restrictions, review any existing leases and the obligations they impose on a new owner, check zoning and permitted use, and identify any outstanding disputes or environmental liabilities. The aim is to ensure that risks are identified and addressed before completion, rather than discovered at cost afterwards.
While not legally required, property purchases in Germany involve mandatory notarisation, complex due diligence, and registration procedures that differ significantly from those in other countries. Legal representation helps identify potential issues, negotiate contract terms, and ensure proper ownership transfer without costly complications.
As a general rule, yes — the affected managing director retains voting rights unless the articles of association expressly exclude this. An exception may apply where the managing director has a direct personal interest in the outcome that creates a conflict of interest under German corporate law, in which case their participation in the vote may be restricted.
Under German administrative law, an Untätigkeitsklage can generally be filed once three months have elapsed without a decision on the application. The court will examine whether the delay is unreasonable in the circumstances and, if so, will order the authority to decide within a specified period. The lawsuit does not prejudge whether the application will be approved.
A Nachfolgeklausel is a succession clause in a partnership agreement that determines whether and how a partner’s interest can be inherited. A simple succession clause allows all heirs to succeed to the interest; a qualified succession clause restricts succession to specified heirs or heirs meeting defined criteria. The interaction between these clauses and the deceased’s will is critical — a mismatch between the two can leave both instruments without effect.
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.
Each managing director is individually responsible for ensuring compliance with insolvency filing obligations and other statutory duties. The internal division of responsibilities between directors does not extinguish each director’s personal obligation to monitor the company’s overall legal compliance.
The self-employment visa (Section 21 Residence Act) allows entrepreneurs to establish businesses in Germany when business concepts serve German economic interests and financing is secured. Requirements include viable business plans, sufficient capital, and a demonstration of economic benefit. We guide entrepreneurs through application procedures, business plan development, and coordination with German immigration and economic development authorities.
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.
The permanent right of residence applies to EU citizens and their family members and arises automatically after five years, without an application, a language test, or proof of financial self-sufficiency. The settlement permit applies to third-country nationals, requires a formal application, and is subject to additional conditions, including language proficiency and financial self-sufficiency.
Yes. The AFMP expressly applies regardless of the nationality of the family members. A non-EU/EFTA national who is the spouse or dependent child of an EU/EFTA national holding a Swiss permit may obtain a residence permit under the AFMP framework and, in the case of spouses and children under 21 or receiving support, has full labour market access in Switzerland.
Yes, in many cases. In proceedings concerning negligent bodily harm under Section 229 StGB, both discontinuation under Section 153 StPO and discontinuation subject to conditions under Section 153a StPO may be available. The prospects depend on the severity of the injuries, the degree of culpability, and the specific circumstances of the accident. In cases of negligent homicide under Section 222 StGB, the conditions for discontinuation are considerably more stringent.
ETIAS is a pre-travel screening system for visa-exempt travelers entering the Schengen Area, expected to launch in late 2026. It will require disclosure of certain criminal convictions and cross-reference applications against multiple security databases. A criminal record will not automatically result in refusal — each case is assessed individually.
Warehouse agreements in Germany are governed by the HGB, which sets out the rights and obligations of both the warehouse keeper and the depositor. The warehouse keeper’s core obligation is to store and safeguard the deposited goods in accordance with the agreed terms, whether under a special or collective storage arrangement. The depositor must pay the agreed storage charges and, under Section 468 HGB, must notify the warehouse keeper in writing of the nature of any dangerous goods before storage. Failure to give adequate notice can expose the depositor to liability for any resulting damage.
Düsseldorf’s position as Germany’s largest inland port and its proximity to the Netherlands and Belgium borders make customs violations particularly prevalent. The Port of Düsseldorf is a major European trade hub, and we frequently represent clients before the Main Customs Office Düsseldorf (Hauptzollamt Düsseldorf) in customs criminal matters.
Yes, detention can occur after the determination of illegal entry, particularly if a criminal offense has been committed and there is a risk of flight or if identity cannot be clarified. Pre-trial detention may then continue while the case is being processed. There is also the possibility of placing the person in deportation detention (Section 62 of the Residence Act).
Yes, foreign nationals can register companies in Germany without residency requirements. However, you need a German registered office address and may require residence permits for business activities. Non-EU citizens typically need entrepreneur visas under Section 21 German Residence Act, which requires demonstrating economic benefit and securing adequate financing.
The CEO visa covers executive staff, managing directors of German companies, and company specialists whose expertise is specifically valuable to the employer. Unlike the EU Blue Card, it does not require a recognized academic qualification, making it the correct route when Blue Card requirements cannot be met. Applications are subject to heightened scrutiny, and the employment contract must clearly substantiate genuine managerial authority.
Turkish divorce recognition proceedings typically take several months, but delays can occur due to incomplete documentation, translation issues, or jurisdictional challenges. Our German law firm’s Turkish Desk handles the entire process remotely through our Turkish legal partners, including document preparation, translation, and court filings, eliminating the need for client travel to Turkey.
The EU Blue Card is designed for highly skilled professionals with university degrees, offering faster pathways to permanent residence. Standard work permits under Section 18a AufenthG cover recognized vocational qualifications, while the Chancenkarte (Opportunity Card) provides a points-based path for job seekers to evaluate their qualifications and experience.
In limited circumstances, yes — nationals of certain countries can enter Germany visa-free and apply at the local Ausländerbehörde within the 90-day period. However, this depends on nationality and permit type. In most cases, the application must be made at a German consulate before travel.
The ECS is a standardized document that allows heirs to establish their legal status in almost all EU member states — without an apostille and without a certified translation. Certified copies are valid for six months.
Processing times vary by Ausländerbehörde and depend heavily on the completeness and quality of the application. Applications submitted from outside Germany through an embassy typically take several months from the date of the appointment. The IHK consultation alone can add several weeks to the process. Early preparation and a well-structured application are the most effective ways to minimize delays.
ICT Card holders may carry out related business activities in another EU member state for up to 90 days within a 180-day period without additional authorization. For longer stays in a second EU country, a Mobile ICT Card issued by the authorities of that country is required.
Employment changes depend on your specific permit type. Skilled worker permit holders generally enjoy flexibility changing employers within their profession with immigration authority notification. EU Blue Card holders have even broader employment flexibility; after 12 months, they can change jobs without permission from immigration authorities.
Generally, no. Periods spent under toleration status are typically not counted when calculating the length of residence required for a settlement permit or for citizenship.
Extraordinary termination is available under Section 543 BGB where there is good cause that makes the continuation of the lease unreasonable. Key statutory grounds include the landlord’s failure to provide the premises, the tenant’s serious neglect or unauthorized subletting, and rent arrears covering two consecutive payment dates or totaling two months’ rent across a longer period. A formal written warning (Abmahnung) is generally required before termination on most other grounds.
Holders of the permanent right of residence — acquired after five years of lawful residence — may only lose their free movement rights on serious grounds of public policy or public security. Those with more than ten years of residence, and minors, may only be expelled on imperative grounds of public security — a significantly higher threshold.
You must have testamentary capacity (i.e., be aged 16 or older and mentally capable). Two valid forms exist: a Holographic testament (entirely handwritten, signed, and dated) requires no witnesses but carries the risk of unclear wording. Notarial testament (drafted with a German notary) costs more but provides greater legal certainty and automatic court storage. For international clients, notarial testaments are generally recommended to ensure compliance with German law.
Mediation is not a legal requirement in Germany, but it is often the more practical route, since it can resolve a dispute faster and at a lower cost than litigation, and it gives the parties a chance to settle before their positions harden further.
Notarial certification is required for property purchase contracts, gift promises, marriage contracts, inheritance contracts, and certain corporate law documents, including the articles of association of a GmbH. A contract concluded without the required notarial form is void under Section 125 of the BGB.
Divorce can affect your residence status, particularly for non-EU spouses whose permits were based on marriage. Under Section 31 AufenthG, residence permits may remain valid if the marriage lasted at least three years and you lived in Germany for at least two years. EU citizens retain residence rights under EU freedom of movement provisions. Specific circumstances like domestic violence or children’s welfare may justify permit extensions. Seek immediate legal advice upon separation.
Yes. Legal remedies are available at several stages of the process. It is possible to challenge both the extradition arrest warrant and the Higher Regional Court’s admissibility decision. An application to suspend enforcement of the arrest warrant — for example, through conditions under Section 25 IRG — may also be filed. Urgent interim legal protection is available to respond to immediate measures. The earlier legal advice is sought, the greater the range of options available.
Yes. Where the participation interest is tied to the corporate office, even removal from the managing director role can trigger the loss of the interest under German law, regardless of fault or performance.
Points are recorded centrally against a driver’s license for qualifying traffic violations. One point is awarded for serious administrative offenses, two for very serious offenses or those carrying a driving ban, and three for criminal offenses resulting in license revocation. At four to five points, the driver receives a written warning; at six to seven, a final warning with no option to reduce points. At eight points, the license is automatically revoked. Points are deleted after two and a half, five, or ten years, depending on the severity of the offense.
Employment carried out without the required approval constitutes a regulatory offense that can be punished with a substantial fine under Section 404 SGB III. In addition, residence status may be jeopardized. Anyone already working without approval, or who has done so in the past, should seek legal advice as soon as possible. We provide discreet, solution-oriented advice in such situations.
Processing times vary by Ausländerbehörde and the completeness of the application. Applicants apply for a national visa at the German Embassy in their home country before entering Germany, then obtain the permit from the local Ausländerbehörde. A well-prepared application with a legally structured business plan significantly reduces the risk of delays.
This is strongly inadvisable. Any unguarded statement — including in what appears to be a routine phone call — can become relevant in criminal proceedings. Ill-considered explanations or a premature acknowledgment of facts are frequently the basis on which the criminal unit establishes intentional conduct. Your defense lawyer handles all communication with the authority and ensures that nothing is said that could prejudice the proceedings.
Unresolved identity documentation is one of the most legally demanding situations in German immigration law. Those affected are legally required to cooperate in establishing their identity, but the requirements are often interpreted broadly by the authorities. An immigration lawyer can define the limits of this duty to cooperate, challenge unreasonable demands, and make strategic use of appropriate forms of evidence, such as sworn declarations, witness statements, or DNA reports. Schlun & Elseven supports clients in building a convincing and legally sound evidential record before the authorities.
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.
No. Under Section 41 AufenthV, U.S. citizens may enter Germany visa-free and submit a residence permit application from within the country. This is a significant procedural advantage over nationals, who must first obtain a national visa from a German embassy abroad before entering.
Primary liability rests with the content creator. However, platform operators must delete unlawful AI-generated content immediately upon gaining knowledge of violations. This creates dual responsibility ensuring comprehensive protection for affected parties.
Not necessarily. Citizenship loss occurs automatically, by operation of law, regardless of whether the authorities or the affected person are aware of it. In many cases, the situation only becomes apparent when a passport is applied for or renewed. Anyone uncertain about their citizenship status can request a formal status review from Schlun & Elseven Rechtsanwälte.
Foreign nationals have the same parental rights as German citizens under German law. International custody cases involve additional considerations about cross-border enforcement, international travel with children, and coordination with custody orders from other countries.
Through:
- Bilingual contracts with clear definitions
- Regulations on force majeure, liability, and adjustment in case of disruptions
- Priority clauses for language versions
- Jurisdiction or arbitration clauses
- Regular contract review for adaptation to new framework conditions
The law sets no language requirement. As a practical matter, however, and to avoid misunderstandings, it is advisable to provide the notification at least bilingually — in German and in a language the employee understands.
To challenge the evidence, we carefully examine the materials prosecutors present against you, including witness statements, police reports, and forensic evidence. Our legal team will identify any inconsistencies, procedural errors, or credibility issues with the evidence. We’ll use this information to argue for the exclusion or limitation of evidence that could negatively impact your case, thereby improving your chances of a favorable outcome.
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.
- Use of stolen/forged cards
- Unauthorized online credit card use
- Phishing emails for banking data
- Fictitious direct debits
- Slot machine manipulation with fraudulently obtained PINs
A German certificate of inheritance is not formally recognized in Turkey but can serve as evidence once apostilled or certified by a Turkish representation. A Veraset Belgesi is typically also required separately for the assets located in Turkey. Schlun & Elseven’s lawyers assist clients in obtaining and legalizing the documents this requires.
A refusal by the Ausländerbehörde can be challenged by filing an objection (Widerspruch) or bringing proceedings before the administrative court (Verwaltungsgericht). Our immigration lawyers review the decision for legal weaknesses, develop a strategy, and represent clients through the objection process and, if necessary, before the court.
German citizenship can be acquired through naturalization (after a longer stay in Germany) or through descent from German ancestors. Whether and under what conditions dual citizenship is possible depends on various factors – we provide individual consultation on dual citizenship possibilities. By applying for German citizenship, applicants demonstrate the importance Germany holds in their lives. German citizenship brings many advantages: voting rights, permanent right to remain without visas, access to the German education system, and benefiting from a high standard of living.
Appeal deadlines begin to run from the moment the attachment order is served. An objection can be filed against the order issued by the German enforcement authority. At the same time, it is important to establish whether any appeal against the underlying tax assessment in the country of origin remains open. Given the tight deadlines involved, legal advice should be sought as early as possible.
As soon as personnel expenditure reaches a relevant scale or a contractual partner asserts corresponding claims. The boundaries of reimbursability are fluid: premature payments or inadequate documentation can cause significant financial disadvantage.
Yes. A formal objection (Einspruch) can be filed within one month of the notice being served. If the objection is rejected, it is possible to bring a claim before the tax court (Finanzgericht).
A specialized criminal defense lawyer first reviews the lawfulness of the official action and evaluates the evidence after a file inspection. They’ll advise you on your statement options, represent you before police and prosecutors, and develop a tailored defense strategy. The goal is to prevent charges during the investigation phase or work toward case dismissal whenever possible. During trial proceedings, your lawyer represents you in court and files appeals if necessary.
The documents required depend on the reason for the detention. Common requirements include the commercial invoice, packing list, transport documents (bill of lading or air waybill), import licenses or product certificates, evidence of EORI registration, and – for customs valuation disputes – documentation supporting the declared transaction value. Our lawyers can advise on the specific documentation required in your situation.
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.
Under Section 10 AIG, a permit is required for any stay without gainful employment that exceeds three months. Under Section 11 AIG, any foreign national who wishes to work in Switzerland requires a permit, regardless of the duration of the stay.
Recent German citizenship law reforms allow most naturalization applicants to retain previous citizenships. However, some African countries restrict or prohibit dual citizenship, potentially requiring citizens to renounce their original citizenship under those countries’ laws. Understanding both German and home country rules about dual citizenship ensures informed decisions about naturalization applications.
If your passport expires during proceedings, the BVA or a German consulate may refuse to renew it while your citizenship status is in dispute. This can affect travel, the right to work in the EU, and access to consular services. Urgent interim relief (einstweiliger Rechtsschutz) may be available to protect your position in the interim.
Dangerous bodily harm under Section 224 StGB is an aggravated form of assault requiring that the offense be committed in one of several specific dangerous manners: using poison or health-damaging substances, using a weapon or dangerous tool, through a treacherous ambush, jointly with another person, or in a life-endangering manner. This offense carries a sentence of six months to ten years’ imprisonment, with monetary fines excluded.
The Opportunity Card (Chancenkarte) allows non-EU nationals to enter Germany for up to one year to seek employment. IT and AI professionals typically qualify with ease under the points system, as ICT roles are recognized as shortage occupations and relevant experience is well rewarded.
A settlement permit (Niederlassungserlaubnis) is an unlimited residence title offering a high level of legal security: unrestricted German labour market access as employee or entrepreneur, no regular visa renewals and comprehensive rights nearly equivalent to German citizens. It enables long-term planning including property purchase in Germany and family reunification.
The statutory minimum is 20 days for a 5-day work week or 24 days for a 6-day work week. Many employment contracts and collective agreements provide more. International professionals should verify their contracts actually provide at least the legal minimum – some employers try to include invalid terms.
An objection may be filed against an adverse decision of the Federal Office of Administration within one month. If the objection is unsuccessful, an action may be brought before the administrative court. Given the often complex factual and legal issues involved, support from a firm specializing in citizenship law is advisable in such cases.
As an EU Blue Card holder, you have the same protection against dismissal rights as other employees. The employer must have socially justified reasons for the termination. You can defend against it through protection against dismissal lawsuit within three weeks of receiving the termination. It’s crucial to have professional legal assistance examine the termination for its legality and immediately collect evidence.
Since dismissal cases are time-critical, you should act immediately to protect both your employment rights and your residence status.
This depends on the nature of the violation and the applicable regulatory framework. Some reporting obligations are mandatory under German law — for example, data breach notifications to data protection authorities under the GDPR, suspicious activity reports under the GwG, or notifications to BaFin in the financial services sector. Other disclosures are discretionary. We assess reporting obligations at the outset of every investigation and advise on the strategic approach to disclosure.
The timeline depends on the residence permit held. EU Blue Card holders can apply for a settlement permit after 27 months, or after 21 months with B1-level German language proficiency, making this the fastest standard route to permanent residency in Germany. Graduates of German universities may apply after two years of qualifying employment. Indian nationals on skilled worker permits under the standard route are eligible after three years. For those on other residence titles, the standard requirement is five years of legal residence. In all cases, additional conditions apply, including financial self-sufficiency and pension insurance contributions.
In many cases, yes. An experienced criminal defense lawyer can work toward discontinuation of proceedings before any formal charge is brought — through targeted legal argument, procedural objections, or, where appropriate, remediation of harm caused. Discontinuation at the investigation stage is often the best possible outcome, avoiding the reputational and personal consequences of a public trial. Whether it is achievable depends on the specific facts, the offense involved, and the stage the proceedings have reached.
For small quantities, criminal proceedings can be dismissed as insignificant or in exchange for certain conditions, §§ 153, 153a StPO (Criminal Procedure Code). However, this depends on the individual case. Additionally, for importing small quantities for personal use, the court may refrain from imposing punishment or the prosecutor from prosecuting, §§ 29 (5), 31a (1) BtMG.
Potentially, depending on whether the finished goods satisfy the product-specific rules of origin under the relevant Free Trade Agreement. These criteria vary by agreement and product type.
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.
Not in terms of your obligations, but it often affects the documentation available to you. German banks apply the same source of funds requirements regardless of where the crypto was originally acquired or held. Records from foreign exchanges, wallets set up abroad, or transactions conducted under a different tax jurisdiction are all valid starting points — but they must be presented in a form that meets German banking compliance standards. It is also important to understand that having paid tax on your crypto gains in another country does not substitute for a source of funds declaration under German law. If you have an international crypto history, early legal preparation is particularly worthwhile.
German law protects applicants from retaliation for asserting their legal rights. Legal action addresses processing procedures, not application merits. Proper legal representation ensures your rights are protected throughout the process.
The trial begins with the reading of the indictment. Afterwards, the defendant may respond to the accusations or remain silent. This is followed by the taking of evidence with witness examinations and expert opinions. After the closing arguments of the prosecution and defense, the verdict is rendered.
As a rule, the employer bears the risk of such damages. Employees are only personally liable in the event of their own misconduct, and liability is determined by the specific degree of fault in each individual case.
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.
Since June 2024, German law permits dual citizenship for Iranian nationals seeking naturalization. Iran does not officially recognize dual citizenship and considers individuals with both nationalities to be Iranian citizens only. While Iranian law theoretically allows for the voluntary renunciation of citizenship for those over 25 who have completed their military service, this process is rarely granted in practice and involves lengthy procedures that require approval from the Council of Ministers. We advise clients on the practical implications of holding both citizenships and coordinate with German naturalization authorities to ensure compliance with current requirements.
Common triggers include a routine tax audit, a whistleblower report, a customs check, or a co-suspect naming individuals at your company. The public prosecutor’s office may open a preliminary investigation that runs for months before the company or its officers are formally notified. A police summons, or search of business premises, is often the first sign that proceedings are already underway.
For deployments of up to 90 days in a 12-month period, no work permit is required, but advance registration with the cantonal migration authority is mandatory. For deployments of up to one year, a Permit L is required. For longer-term local employment in Switzerland, a Permit B applies. All permit applications must be submitted and approved before the employee begins work, with processing times of one to two months for longer permits.
The timeline for foreign judgment recognition varies significantly depending on the complexity of your case and the country of origin. Typical timeframes include:
- EU countries: 3-6 months under Brussels II Regulation
- Non-EU countries with bilateral treaties: 6-12 months
- Countries without specific agreements: 12-24 months
Document preparation, including apostille and legalisation procedures, can add 2-6 months to the process. We coordinate with international authorities to minimise delays and ensure all documentation meets German requirements.
Robbery becomes aggravated under section 250 StGB when you carry or use a weapon or dangerous tool, use restraints or similar means, cause serious bodily harm, or act as part of a gang. These circumstances significantly increase the minimum sentence.
No. EU and EEA nationals benefit from freedom of movement and may work in Germany without a separate work permit. The provisions on this page apply to third-country nationals — that is, nationals of countries outside the EU and EEA, including British nationals since the end of the Brexit transition period.
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.
Schlun & Elseven Rechtsanwälte offers comprehensive services in immigration and residence law for businesses and private individuals. Our experienced German immigration law team guides you through every step of the process, whether you’re seeking a visa, permanent residence permit, or an EU Blue Card. As a full-service law firm with deep roots in Cologne, we have developed extensive experience with the Ausländerbehörde Köln’s procedures, allowing us to handle efficiently the often-complicated processes involved. We assist with meticulously preparing and submitting all necessary documentation, ensuring applications are complete, accurate, and submitted on time to minimize delays. Our multifaceted approach incorporates immigration law, employment law, family law, tax law, administrative law and other relevant legal areas.
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 change of degree program can be treated as a change of purpose and may put the existing residence permit at risk. Schlun & Elseven Rechtsanwälte clarifies in advance whether and how an amendment to the residence permit must be applied for.
Particular risks arise during a company crisis. If a required insolvency filing is not made in time once the company is illiquid or over-indebted, personal liability for delayed filing can arise.
Schlun & Elseven provides comprehensive AI legal services in English designed for international clients. Our multilingual legal team understands both German/EU legal requirements and international business needs, offering consultation, compliance planning, and ongoing legal support.
No, the language of the court is German. However, official court translators can be appointed if requested to ensure maximum understanding of the hearing.
Custody of German children can justify an independent right of residence. If you, as a foreign parent, have parental custody of a child with German residence rights, the child’s interest in continuing to be cared for by you in Germany will be taken into account. The nationality or residence status of a parent generally has no effect on custody itself – after divorce, parents usually receive joint custody.
Yes. Coordinated action among multiple claimants can reduce costs and increase leverage in negotiations or litigation. We advise on available options for collective or coordinated proceedings.
During a search and possible seizure, you should immediately contact a criminal defense lawyer. The lawyer can review the legality of the measure and, if necessary, file legal remedies against the measures and apply for exclusion of evidence. In such a situation, we advise you to:
- Remain calm,
- Request to see the search warrant and pay attention to the scope of the search,
- Make no statements and avoid self-incrimination in any other way,
- Immediately contact a criminal defense lawyer.
It is the most important document in the application. The authorities examine it closely for specific grants of authority — the power to hire and dismiss employees, conclude contracts on the company’s behalf, and act as its legal representative. A boilerplate agreement without this detail is a common reason for refusal. Legal review before submission is strongly recommended.
Tax evasion under Section 370 AO is a deliberate criminal offence. Reckless tax evasion under Section 378 AO applies where a person breaches their duty of care to a particularly high degree without deliberate intent to evade tax. Reckless tax evasion is an administrative offence rather than a criminal one, carrying a maximum fine of €50,000 and no risk of imprisonment. Whether recklessness rather than intent can be established is often a key issue in criminal tax defense.
The advance approval procedure (Vorabzustimmungsverfahren) allows applicants and employers to have the Federal Employment Agency assess whether it would approve a particular employment arrangement before the actual visa procedure is initiated. It is particularly advisable where the accelerated skilled worker procedure cannot be used, or where there is uncertainty as to whether the necessary conditions are already satisfied. Schlun & Elseven advises employers and applicants on whether and in what form the advance approval procedure is the strategically preferable course of action in a given case.
Enforcement depends on EU membership status. EU member countries offer simplified procedures under EU regulations, whereas non-EU candidate countries must follow bilateral treaty procedures or obtain recognition through local courts. We coordinate German litigation with our Balkan partner network for cross-border enforcement. International arbitration clauses in contracts provide an enforceable alternative dispute resolution.
Yes, particularly for births before July 1, 1993. If your German father and foreign mother were unmarried when you were born before this date, citizenship transmission required your father to acknowledge paternity through official procedures before your 23rd birthday. For births after July 1, 1993, paternity must be established before birth or through subsequent legal recognition. German mothers historically faced fewer restrictions on transmitting citizenship, regardless of marital status.
U.S. citizens who submit a complete residence permit application to the Ausländerbehörde before the expiry of their grace period or visa-free entry window are entitled to remain in Germany while the application is pending. Submitting the application — rather than simply requesting an appointment — is the step that establishes this provisional legal status. Given the appointment backlogs at many offices, beginning the process early is important. If the Ausländerbehörde fails to respond within a reasonable period, legal remedies are available, including formal intervention by an immigration lawyer and, where necessary, an action for failure to act (Untätigkeitsklage) before the administrative court.
The end of employment does not automatically terminate a naturalization application, but it creates legal risk — particularly if the permit is tied to that employment. The key actions are to seek legal advice as soon as contract termination becomes foreseeable, file an application for a follow-on permit before the existing permit expires, and notify the naturalization authority of the change. Acting early keeps all options open.
The AI system itself cannot be held liable, since it has no legal personality. Liability instead falls on the individuals or companies that develop, offer, or use the AI, particularly where legal or contractual obligations were disregarded during its use.
Yes. Where the managing director facilitated or tolerated unlawful withdrawals, personal liability for damages arises under Section 43(2) GmbHG — in parallel with the repayment claim against the shareholder.
Yes, in all cases. Children under 16 are not subject to a German language requirement. Children who have already turned 16 are normally required to demonstrate a C1 level of German before joining their parents in Germany — but this requirement is waived entirely for children of EU Blue Card holders.
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.
All evidence and information collected during the German criminal investigation: police reports, witness statements, expert reports, interrogation transcripts, and extracts from the Federal Central Register showing any previous criminal convictions in Germany.
Yes, since June 27, 2024, Germany has allowed dual citizenship as standard practice. This eliminates previous restrictions and the need for retention permits. However, whilst German law permits dual citizenship universally, other countries vary in their approach. Some may not recognize dual citizenship or require choosing between nationalities. Understanding both German law and the laws of your other nationality is important for assessing the implications of dual citizenship.
An SLA supplements the main agreement and sets binding performance targets, particularly regarding software availability, response times for outages, and penalty and compensation provisions for shortfalls against agreed service levels.
The Section 19c (1) residence permit is for employees working remotely for foreign companies under an employment contract. The Freelance Visa (Aufenthaltserlaubnis für selbständige Tätigkeit) is for self-employed individuals or freelancers who provide services independently, typically requiring German clients to demonstrate economic integration. The key distinction is employment relationship versus independent service provision.
The following options are available:
- Seizure: filing a complaint.
- Asset freezing: filing a complaint under Section 304 StPO, challenging individual enforcement actions, or lifting enforcement by depositing a specified sum under Section 111g StPO.
- Property attachment: filing an objection under Section 347 AO, a direct action under Section 45(4) FGO, or applying for a suspension of enforcement.
According to the German Residency Act, major crimes involving violence, threats of violence, sexual offenses, and terrorist activities are serious concerns that can prevent residence permit approval. If you’ve served three years or more for public order offenses or two years for drug offenses, you’re unlikely to be granted permission to enter Germany.
A Aufhebungsvereinbarung is a negotiated agreement between the company and the managing director to end both the corporate position and the service agreement — either immediately or on a specified future date — on mutually agreed terms, typically including a severance payment.
Stay calm and cooperative — but do not incriminate yourself. Refrain from making any statements and ask to see the official search warrant. Document the officers’ conduct, note anything seized, and request a copy of the search report once the search is complete. Contact a criminal defense lawyer without delay.
The Transparenzregister is Germany’s register of ultimate beneficial owners, maintained under the German Money Laundering Act. All GmbHs, UGs, AGs, and other incorporated entities established in Germany are required to disclose their beneficial owners electronically. A beneficial owner is generally any natural person who directly or indirectly holds more than 25% of the share capital or voting rights, or exercises equivalent control. The information must be kept current, and failure to register or maintain accurate entries can result in significant fines.
Early legal intervention is critical. Our lawyers can be instructed immediately to advise on the company’s rights and obligations, engage with the relevant authorities, and work to minimize the legal and operational consequences. We have experience both in preventing compliance failures through proper process design and in defending companies when allegations have already arisen.
- 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.
Generally not. The FreizügG/EU requires the EU citizen to be actively exercising their right of free movement. However, if your German partner previously lived in another EU member state and is now returning to Germany with you — what is known as the returning-resident situation — the FreizügG/EU may apply.
No. Direct notification to affected individuals under Article 34 GDPR only applies where the breach is likely to result in a high risk to their rights and freedoms, a higher threshold than the one that triggers notification to the supervisory authority. Even then, direct notification is not required if the affected data was encrypted or otherwise rendered unintelligible, if the company has since taken measures that remove the high risk, or if individual notification would involve disproportionate effort, in which case a public communication is used instead. A supervisory authority can still require the company to notify individuals directly if it disagrees with that assessment.
As a general rule, yes. Information and documents provided in the course of an administrative procedure can become relevant as evidence in any subsequent criminal or regulatory proceedings. This underscores the importance of seeking legal advice before the audit begins and of avoiding unconsidered statements.
Works councils (Betriebsrat) can be established in companies with five or more employees, granting workers co-determination rights under the Works Constitution Act. They must be consulted on working arrangements, recruitment, and dismissals. Companies with over 20 employees face works council veto rights on certain decisions. Failure to consult works councils can render management decisions legally ineffective.
A basic level of German language proficiency is not required to obtain an initial residence permit under Section 7 AufenthG. However, language requirements become relevant later in the process: applicants seeking a permanent settlement permit (Niederlassungserlaubnis) after five years of lawful residence, or German citizenship after a further period, will need to demonstrate a minimum level of German proficiency.
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.
Yes, Israeli defense companies must obtain export licenses from the Federal Office for Economic Affairs and Export Control (BAFA) before exporting defense articles to Germany or re-exporting German-origin components. The War Weapons Control Act governs military equipment and dual-use goods. We help establish export control systems, prepare license applications, and navigate the BAFA approval process.
Yes, initially, an attempt at consensual shareholder exit can be made; if this is not possible, shareholder expulsion can also be sought through the courts.
Yes, Germany offers comprehensive family reunification options similar to US Green Card benefits. To sponsor family members (spouse, registered partner, children, or parents), you typically need a permanent residence permit, EU long-term residence permit, or EU Blue Card. You must demonstrate sufficient living space for all family members and prove that your family can financially support themselves without relying on German social assistance. The requirements vary depending on which family member you’re sponsoring, with specific provisions for bringing parents or adult children in cases of hardship or special circumstances.
Switzerland’s non-EU status requires full customs declarations for all cross-border trade. Exports from Germany to Switzerland are zero-rated, while imports into Germany are subject to import VAT at customs. Swiss businesses operating in Germany face VAT registration obligations, with a standard rate of 19% and a reduced rate of 7%.
It depends on the estate’s total value and the heir’s relationship to the deceased. Personal allowances apply — €500,000 for spouses, €400,000 per parent for children, €200,000 for grandchildren — and no tax is due where the inheritance falls within the applicable threshold. Where it is exceeded, rates range from 7% to 50%. Importantly, German inheritance tax can apply to non-residents inheriting German assets.
Employees retain all standard GDPR rights, including access, rectification, erasure, objection, and processing restriction. German employment law adds additional protections – employers cannot rely solely on employee consent due to power imbalances, must establish alternative legal bases like legitimate interests, and ensure employees can exercise rights without negative employment consequences. Works councils must be consulted for workplace AI systems.
People with a German school-leaving certificate are generally also exempt from the naturalization test. For a university degree obtained abroad, the legal position is less clear — legal advice is recommended before submitting an application in such cases.
German commercial litigation follows civil law procedures without jury trials, has limited discovery compared to US courts, operates under “loser pays” cost allocation rules, and requires front-loaded case preparation. German courts have different evidence rules and enforcement mechanisms that affect litigation strategy and settlement negotiations.
The first step is to lodge an objection to the seizure order or to apply to have the seizure lifted. In confiscation proceedings, it is essential to actively document the lawful origin of the funds with supporting evidence – such as bank statements, gift agreements, or tax assessments. International clients should seek legal representation immediately, as the 90-day window moves quickly and unrepresented challenges rarely succeed.
For Jewish applicants, the birth certificate of the persecuted ancestor is generally accepted as sufficient evidence of persecution under Section 58c. Additional documents such as a death certificate, passenger lists evidencing flight, or deportation records strengthen an application but are not always required. Each case is assessed individually.
The essential difference under German criminal law lies in the use of force. Theft involves unlawful taking without force, while robbery occurs when the perpetrator uses force or threatens imminent danger to life or limb to enable the taking. Robbery generally carries a minimum sentence of one year’s imprisonment in Germany.
The authority will then decide based on the information available to it, which is often one-sided. In cases involving an accusation of false registration, staying silent typically leads to an unfavorable decision for the person concerned.
Although German law permits oral self-disclosure, written form is recommended as it allows for careful review and complete documentation. At Schlun & Elseven, our criminal tax lawyers draft the self-disclosure together with the client and ensure that it fully satisfies all statutory requirements.
Since customs duties are classified as taxes under the AO, penalty-exempting voluntary disclosure under Section 371 AO is available for customs evasion — provided the offense has not yet been discovered, no statutory bar applies, and all evaded duties are paid within the applicable deadline. A defective voluntary disclosure loses its exempting effect entirely, which is why early legal advice is essential. Our lawyers support clients through the full process and handle all correspondence with the authorities.
If you have received correspondence from the Ausländerbehörde regarding your residence status — particularly any indication that residence-ending measures may follow — you should seek legal advice immediately. We can review any communications you have received, advise you on the appropriate response, and represent your interests with the authority or, if necessary, in court.
Consultations focus on understanding your situation, explaining German legal requirements, and discussing options. We offer both in-person meetings at our Marienburg office and secure digital consultations, providing clear guidance about procedures, timelines, and your legal position.
Experience shows that a significant proportion of BAMF revocation notices do not survive court scrutiny. Common weaknesses include insufficient consideration of the individual situation, incorrect assessment of security conditions, and procedural errors. Our lawyers at Schlun & Elseven review each notice specifically for potential challenges and develop a strategy tailored to the individual case.
Yes, particularly for births before July 1, 1993. If your German father and foreign mother were unmarried when you were born before this date, citizenship transmission required your father to acknowledge paternity before your 23rd birthday through official procedures. For births after July 1, 1993, paternity must be established before birth or through subsequent legal recognition. German mothers historically had fewer restrictions in transmitting citizenship regardless of marital status.
With an account freeze, the bank restricts access to the account either on its own initiative or following official instructions, usually due to suspected illegal activity. Account seizure, however, is carried out by a creditor with an enforceable title to collect outstanding debts. In a seizure, the balance above the protected amount is paid to the creditor. Both measures restrict your account access but are based on different legal grounds.
Under Section 91 ZPO, the losing party bears the costs of the proceedings — the Unterliegerprinzip. This includes reimbursing the winning party’s necessary legal fees. Where a claim only partially succeeds, costs are allocated proportionally. The plaintiff must advance court fees at the outset regardless of the eventual outcome.
The approach follows a clear framework: an immediate assessment to evaluate the situation and set priorities; authority and regulatory management with proactive communication toward prosecutors and supervisory bodies; creditor engagement to secure financing; reputation management and external crisis communications; and finally stabilization through new compliance and governance structures.
Yes. Workers on a Skilled Worker Visa may apply for a settlement permit after three years of qualified employment. EU Blue Card holders may apply after 27 months, or after 21 months with sufficient German language skills.
Companies can be held liable if AI content infringes third-party rights or lacks proper licensing. Additionally, there is uncertainty regarding the transfer of rights and compliance with data protection regulations. Risk assessment must be conducted on a case-by-case basis, considering the specific AI tool, use case, and applicable legal frameworks.
Costs vary significantly based on your situation. Visa application fees, legal assistance, moving expenses, and initial living costs all depend on your specific circumstances and chosen location.
Major cost categories include: visa fees and legal support, international moving services or shipping, temporary accommodation and deposits, health insurance setup, and initial living expenses while establishing yourself.
Many Americans find that lower German living costs offset initial moving expenses within the first year, particularly those relocating from expensive US metropolitan areas to German cities outside Munich or Frankfurt.
Yes. The Self-Determination Act (SBGG), which came into force in November 2024, applies to all residents holding a valid German residence permit. Trans, intersex, and non-binary individuals can change their legal gender entry and first name through a simplified procedure at the local civil registry office (Standesamt), without court proceedings or medical assessments.
The outstanding loan balance is offset against the market value of the property; the determining figure is the net value at the time of service of the divorce petition. Where the property is owned solely by one spouse, that spouse bears the liability in full in the internal relationship between the spouses, regardless of whether both signed the loan agreement. Where the property is jointly owned, the net value is divided in accordance with the respective ownership shares.
Yes. Under the Brussels IIa Regulation, French divorce decrees are automatically recognized in Germany without separate proceedings, and German divorces receive equivalent treatment in France. However, enforcement of specific provisions may require coordination. French nationals in Germany often pursue divorce directly through German courts for more straightforward proceedings.
Ideally, as soon as the audit notice is received. The earlier we are brought in, the better positioned we are to prepare for the audit, minimize risks, and act strategically. At the very latest, legal advice is indispensable at the first indication that fines or criminal proceedings may be involved. Those who consult a lawyer only after the audit has concluded have already missed key opportunities.
Anyone who leaves Germany on the basis of a certificate under Section 81 (3) AufenthG loses the protection that certificate provided. Re-entry to Germany without a valid residence permit is not possible, and entry will be refused at the border. In this situation, a new application generally must be filed through the competent German mission in the home country. Schlun & Elseven helps clients assess the situation, identify the correct procedure, and complete the new application as efficiently as possible.
For a basic smuggling offense under Section 96 AufenthG, the penalty is a custodial sentence of up to ten years. In aggravated cases under Section 97 AufenthG — particularly where the offense is committed commercially or as part of a gang — the minimum sentence is three years’ imprisonment. Where the offense causes the death of the person being smuggled, the minimum sentence is five years.
Yes, in most cases. Qualifying family members — including spouses, registered partners, children under 21, and dependent relatives — can accumulate their own five-year qualifying period under the Withdrawal Agreement. The no language test advantage applies to them equally, regardless of nationality.
Driving while subject to a driving ban is a criminal offense under Section 21 StVG. In addition to a fine or custodial sentence of up to one year, the offender faces three penalty points in Flensburg, license withdrawal with a disqualification period, and an MPU order in most cases. For repeat offenders, the vehicle may be confiscated. A ban that originally lasted one to three months can result in the loss of a license for several years.
Yes, the EU Permanent Residence Permit can become invalid if fraud is discovered in your application, if you’re deported from Germany, if you live outside Germany for extended periods (12-24 months consecutively can be problematic, while 6+ years will definitely invalidate it), or if you obtain permanent residence status in another EU country. If facing any of these situations, consulting with an immigration lawyer is crucial.
No, the duty of confidentiality remains in effect even after the employment relationship ends, provided the information constitutes genuine trade secrets. Any former employee who uses or discloses confidential information at their new employer violates the GeschGehG and may be subject to both civil and criminal liability.
As a general rule, no — reunification with a German national is governed by the AufenthG. An exception applies where the German partner previously exercised free movement rights in another EU member state and has since returned to Germany.
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.
Timelines vary significantly depending on the enforcement measure, the debtor’s cooperation, and whether the claim is disputed. An uncontested order for payment proceeding can result in an enforceable writ of execution within a matter of weeks. Where the debtor objects and the case proceeds to full litigation, the timeline extends considerably. Enforcement of a foreign judgment through the exequatur procedure adds further time, depending on the complexity of the recognition issues involved.
You should hire a lawyer as soon as you receive your first summons or suspect that you are under investigation. The earlier you have legal representation, the better your chances of a successful defense.
German employment law provides stronger worker protections, including works councils (which employees can establish in companies with 5+ employees), detailed dismissal protection, and specific notice periods. German contracts must comply with the Civil Code (BGB) and employment protection laws. Our employment lawyers help establish compliant HR policies and coordinate international employment assignments.
No. In the event of a liability claim, the advisor’s professional indemnity insurance will generally cover the matter — we conduct correspondence directly with the insurer.
Only serious crimes listed in Section 100a of the Criminal Procedure Code (StPO) can justify telecommunications surveillance. These include major felonies such as terrorism, organised crime, drug trafficking, serious violent crimes, and significant economic crimes.
Minor offences cannot justify electronic surveillance, regardless of other factors. If authorities use phone tapping to investigate crimes that do not meet legal thresholds, all evidence obtained becomes inadmissible in criminal proceedings.
Reckless money laundering occurs when you fail to recognize the illegal origin of funds despite circumstances that should have made this obvious. Penalties include up to two years’ imprisonment or a fine. Typical cases involve acting as a financial intermediary with disproportionately high compensation, unusual transaction patterns, or employment arrangements that exhibit obvious red flags for criminal activity.
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.
A non-EU family member does not automatically lose their right of residence. Under Section 3(5) of the FreizügG/EU, an independent right of residence may be retained in certain circumstances, including where the marriage lasted at least 3 years, with at least 1 year in Germany. The conditions are fact-specific, and legal advice should be sought as early as possible.
Yes. Certain groups are exempt, including resettlement refugees, persons granted the right to asylum, recognized refugees, and beneficiaries of subsidiary protection, provided the application is filed within three months of the relevant status being granted and it is not possible for the family to live together in a non-EU country to which they have ties. Additional exemptions apply where the sponsor was granted temporary protection and the family unit was broken up as a result of flight.
The GmbHG does not set out an explicit time limit for challenging a resolution. Shareholders must, however, assert their rights promptly, since delay can make it more difficult, or even impossible, to enforce their claims.
You can file a new detention review application at any time once circumstances have changed. Our lawyers will provide comprehensive advice and discuss with you which legal remedy is most appropriate in your specific situation.
Implement an effective compliance system with clear responsibilities, internal controls, and regular training. Conduct regular environmental audits and maintain close coordination with environmental authorities.
German companies generally have no duty to disclose wrongdoing to authorities, apart from specific obligations regarding tax evasion or suspected money laundering. However, voluntary disclosure can be beneficial in certain circumstances. BaFin guidelines provide for voluntary self-disclosure and cooperation as mitigating factors in penalty assessments. The decision to report depends on the specific nature of findings, potential regulatory impact, industry-specific requirements, and strategic considerations. Given the complexity of German regulatory requirements, legal counsel should always evaluate reporting obligations on a case-by-case basis to ensure compliance with all applicable laws.
For pure payment reporting violations under Section 67 AWV, the 2026 AWG amendment changes nothing regarding the fundamental availability of self-disclosure under Section 22(4) AWG. These violations remain regulatory offenses, and the self-disclosure mechanism remains available. The amendment primarily affects violations in the area of embargo and export control provisions, where intentional conduct is now prosecuted as a criminal offense under Section 18 AWG. Nonetheless, given the generally tightened sanctions environment, careful legal review is advisable in the area of reporting obligations as well before a self-disclosure is filed.
An unlawful arrest will typically constitute unlawful deprivation of liberty under Section 239 StGB, which carries a maximum penalty of five years’ imprisonment or a fine. If force was used, bodily harm charges under Sections 223 ff. StGB may also apply, with sentences ranging from six months to ten years depending on the severity. Further possible offenses under German law include insult, threats, coercion, and unlawful recording of private moments.
Through hardship and force majeure clauses that clearly regulate in the contract under what conditions adaptation or suspension of contractual obligations is permissible (e.g., in case of supply chain disruptions, geopolitical events, or legal changes). Precise definition of such events and regulation of further procedures is important.
The sentencing range varies depending on the specific offense. Bribery and corruptibility in commercial transactions (Section 299 StGB) are punishable by a prison sentence of up to three years or a fine; particularly serious cases (Section 300 StGB) carry a prison sentence of three months to five years.
For public-sector offenses, the acceptance and granting of advantages (Sections 331(1) and 333(1) StGB) are punishable by a prison sentence of up to three years or a fine. Corruptibility (Section 332(1) StGB) and bribery (Section 334(1) StGB) carry sentences of up to five years, rising to up to ten years in particularly serious cases. Disciplinary or professional consequences may also follow.
Removal under German corporate law does not automatically terminate a parallel employment relationship. A separate employment law termination is required, subject to applicable statutory and contractual protections.
German employment law provides strong termination protection after the initial probationary period. Employers must prove “urgent business reasons” or serious misconduct for immediate termination. Most dismissals require notice periods that increase with length of service, and many termination attempts can be successfully challenged.
Purchasing gives the buyer full ownership and control but requires significant upfront capital and higher transaction costs. Leasing provides access to premises with greater flexibility and lower initial outlay, but no equity stake and no statutory protections — commercial tenants in Germany are treated as equals to their landlords, meaning the lease agreement itself carries most of the legal weight. The right choice depends on the company’s financial position, operational needs, and long-term plans.
Several important deadlines apply. An heir inheriting a full partnership interest (Vollhafter) in an OHG or GbR has three months from becoming aware of the inheritance to demand conversion to limited partner status and cap their liability. The deadline to refuse the inheritance is six weeks from the point of knowledge, extended to six months where the heir was residing abroad. Missing these deadlines can significantly restrict the options available to the heir.
Pursuing legal remedies for administrative delay – including an Untätigkeitsklage – does not affect the substantive assessment of the application itself. The courts examine administrative conduct, not the merits of the underlying application. The individual circumstances of each case should be reviewed before any formal step is taken.
Yes, if these payments are made internationally and exceed the reporting limit of 50,000 euros.
The Youth Court Assistance Service (Jugendgerichtshilfe) is a service of the German youth welfare office (Jugendamt) and must be involved in every juvenile criminal proceeding—for both juveniles and young adults when juvenile criminal law is applied. It prepares a report on the accused’s personal, family, educational, and social circumstances and provides recommendations for suitable educational measures. These assessments have considerable influence on the court’s decision. The service also provides advisory support and can assist in arranging support services.
Yes. Germany imposes no nationality-based restrictions on property ownership. Middle Eastern individuals and companies can purchase German residential and commercial real estate through standard procedures, including notarized purchase contracts, land register checks, and property acquisition tax (ranging from 3.5% to 6.5% by state). We handle property transactions, including due diligence, contract review, and registration procedures.
Yes. Liability for actions or omissions during a director’s term of office can be pursued after their departure, particularly in insolvency proceedings where the insolvency administrator reviews the conduct of former directors. Directors considering resignation or facing removal should seek legal advice before taking any steps.
A well-drafted distribution agreement under German law should address the distributor’s territory and any exclusivity arrangements, the products or services covered, pricing and commission structures, minimum sales obligations, non-competition clauses during and after the agreement, intellectual property rights, and termination and notice provisions. Where the arrangement involves a commercial agent rather than an independent distributor, the mandatory provisions of commercial agency law under the HGB apply and cannot be excluded to the agent’s detriment. Foreign companies establishing distribution structures in Germany should have agreements reviewed by a German commercial lawyer before signing, as standard international templates frequently fail to account for HGB requirements.
Section 222 StGB (negligent homicide) applies where the injured person dies as a result of the accident. Section 229 StGB (negligent bodily harm) applies where there is physical injury without a fatal outcome. The applicable sentencing ranges and grounds for discontinuation differ significantly: Section 222 StGB carries a maximum sentence of five years, whereas Section 229 StGB carries a maximum sentence of three years. Proceedings under Section 229 StGB generally require a formal complaint from the victim, but may also be pursued by the prosecution where a particular public interest in prosecution is established.
A refused application may be challenged through an administrative appeal to the cantonal authority, and ultimately through cantonal and federal administrative courts. Appeals are subject to strict deadlines and must be grounded in a clear legal basis. Schlun & Elseven’s Swiss Desk can advise on the merits of a challenge and represent clients through the full appeals process.
Yes, our multilingual team regularly represents international clients and coordinates with legal counsel across Europe, North America, and Asia. We provide interpretation services and cultural guidance to ensure international clients fully understand German legal procedures, particularly given Düsseldorf’s diverse international business community.
Expulsion is an administrative decision that terminates a residence permit and establishes the obligation to leave. Deportation is the forced removal of a person from a country when they do not depart voluntarily. Both measures have serious effects on the lives of those affected.
Inherited or gifted property constitutes a privileged acquisition (privilegierter Erwerb) under German law and is added to the initial assets. Only increases in the property’s value during the marriage are subject to equalization.
Before engagement begins, employers must verify that the foreign national’s residence title explicitly permits the work in question. Once hired, employees must be registered with social insurance authorities, and employment conditions must reflect those stated in the permit application. Role changes or salary adjustments affecting permit conditions must be addressed proactively.
Minimum capital requirements vary by company type: GmbH requires €25,000, AG requires €50,000, UG requires €1 with annual reserve building requirements, and partnerships have no minimum capital requirements. Capital must be deposited in a German bank account before registration and remains available as working capital.
Property purchase requirements vary by transaction type and complexity – residential purchases, commercial acquisitions, and significant investments may have different attendance requirements. Turkish land registry procedures differ significantly from German notarial systems, and certain transactions may require personal attendance that can be minimised through proper power of attorney arrangements.
Processing times vary depending on the type of permit, the consulate handling the application, and local authority workloads. Visa applications submitted at German consulates abroad can take several weeks to several months. Early preparation and professional legal guidance help avoid unnecessary delays.
This depends on the applicable law. German law guarantees close relatives a compulsory share amounting to half of the statutory inheritance share. Other legal systems do not provide equivalent protection — in some countries, there is no statutory minimum entitlement for children or spouses at all. Anyone wishing to ensure that close family members are properly provided for should address this explicitly in their estate planning and consider making a choice of law where appropriate.
The initial permit is issued for a maximum of three years. After three years of self-employment, the applicant may apply for a permanent settlement permit (Niederlassungserlaubnis), provided the business has developed successfully, and the applicable conditions of Section 21(4) AufenthG are met.
German forced heirship rules (Pflichtteil) guarantee certain family members mandatory inheritance portions that cannot be eliminated through wills. Canadian provinces generally allow greater testamentary freedom, creating complexity for German-Canadian estates that require international planning to address mandatory portions while optimizing tax positions.
Yes, through a residence permit for self-employment under Section 21(5) of the Residence Act, which covers liberal professions, including IT consultants, engineers, and management consultants. The key risk to manage is Scheinselbstständigkeit, where work is concentrated with a single client over an extended period, authorities may treat the arrangement as disguised employment.
Yes. Establishing a care related deportation obstacle and securing a stable right of residence are complex legal processes. Schlun & Elseven Rechtsanwälte stands by clients at every stage of this process.
Recent changes to German citizenship law have expanded dual citizenship opportunities for many nationalities. However, eligibility depends on your country of origin, as some countries require formal procedures to retain original citizenship when acquiring German nationality.
For indefinite-term commercial leases, notice must be given by the third working day of a calendar quarter to take effect at the end of the following quarter – roughly three months in practice (Section 580a(2) BGB). This period can be extended by agreement, which many parties do for planning certainty. Fixed-term leases cannot be terminated ordinarily before expiry.
The certificate of inheritance (Erbschein) is an official document from the German probate court that confirms who inherits and what share they receive. You need it to access bank accounts, transfer real estate, and interact with German authorities about the estate. If a notarial testament with an opening protocol exists, this often suffices instead, saving time and court fees. International heirs can apply from abroad but need officially translated documents.
Yes. An interim injunction can prevent the filing of an amended shareholder list or stop a contested resolution from being carried out while the underlying dispute is resolved. This requires both a valid underlying claim and genuine urgency, and it cannot be used to achieve a final exclusion outright, since summary proceedings only preserve the existing position rather than deciding the case.
Long-term contracts — supply agreements, franchise agreements, distribution agreements — can generally be terminated by notice at the end of an agreed term, where a contractual right of termination exists, or by extraordinary notice for good cause (außerordentliche Kündigung) where a material breach makes continuation of the relationship unreasonable. A mutual cancellation agreement is often the most practical route when both parties wish to end the arrangement and need to resolve outstanding obligations. Our lawyers assess the available options and advise on the consequences of each.
In its decision of February 11, 2025 (II ZR 71/24), the BGH held that leaver provisions in German management participation agreements are subject to substantive review and are only valid where objectively justified.
If the Higher Regional Court declares the extradition inadmissible, the extradition cannot proceed and the extradition arrest warrant must be lifted in accordance with Section 24 IRG.
Non-EU driving licences are generally valid in Germany for six months from the date of entry. After that period, conversion to a German licence is required. Whether a theory test, a practical test, or both are needed depends on the country that issued the original licence, as set out in Annex 11 of the Driving Licence Ordinance (FeV). EU and EEA licences do not require conversion.
German law favours joint custody (gemeinsames Sorgerecht) under Section 1626 BGB, allowing both parents to maintain decision-making authority after divorce. Physical custody (where the child lives) is decided separately based on the child’s best interests. Non-custodial parents retain visitation rights under Section 1684 BGB. International families must consider cross-border custody arrangements and compliance with treaties like the Hague Convention on Child Abduction.
A violation of the ancillary provisions of a residence permit can result in the refusal of an extension or, in serious cases, measures to terminate the stay. Prompt legal action is essential in such situations. We represent clients before the immigration authority and develop a strategy to limit the damage.
Yes. Spouses and minor children of Section 21 AufenthG permit holders are entitled to family reunification permits. Spouses can take up employment without restriction. Family permits run for the same duration as the entrepreneur’s permit. Proof of adequate housing and health insurance for all family members is required.
A formal objection against a repayment demand must be filed within one month. If that deadline is missed, the demand becomes enforceable. An application for suspension of enforcement can be filed in parallel, which limits the financial impact while proceedings are ongoing. Your defense lawyer secures these deadlines, initiates the appropriate procedural steps, and prevents a situation where inaction forecloses options that would otherwise remain available.
Yes. Recognized refugees are entitled as a matter of binding international law to the travel document for refugees (Reiseausweis für Flüchtlinge) under Section 1(3) AufenthV in conjunction with Article 28 of the Geneva Refugee Convention. In practice, however, it does occur that authorities delay issuing the document or make it conditional on additional requirements. In such cases, an immigration lawyer can enforce the existing legal entitlement before the competent authority, including through the courts if necessary.
An overstay without a pending residence permit application or other lawful basis constitutes an illegal stay under German immigration law. The consequences can include fines, removal from Germany, and entry bans that affect future travel throughout the Schengen Area. Anyone in this situation should seek legal advice as a matter of urgency.
Deletion must occur immediately upon gaining knowledge of violations. Delays can result in legal action including cease and desist letters, preliminary injunctions, and damage claims. German courts typically expect rapid response, particularly for clearly unlawful AI-generated content.
Under certain conditions, reacquisition is possible. There is no automatic entitlement, and the current requirements of the Citizenship Act apply. Schlun & Elseven Rechtsanwälte reviews which route to naturalization is available, prepares the application, and manages communication with the responsible authorities.
Prenuptial agreements are particularly valuable for international couples because German matrimonial property law may differ significantly from your home country’s laws. Without one, German law’s community of accrued gains regime applies, which may not align with your expectations.
The relevant office is the one geographically closest to the employee’s place of work, not their place of residence. Contact details for the relevant offices should be checked regularly for accuracy, as responsibilities can change.p>
US procedures are often more expensive, riskier, and more public: High damage awards, jury verdicts, and extensive disclosure obligations (discovery) threaten. In Germany, the procedure is more formalized, written-oriented, and more calculable. These differences should be considered when choosing jurisdiction or arbitration.
During your court appearance, you’ll have the opportunity to present your case, challenge evidence, and present legal arguments. The court will review the evidence, hear testimony, and make its determination based on the facts and legal arguments presented. Our lawyers will guide you through the court proceedings, represent you throughout, and ensure your rights are protected.
Liability for AI-related damage follows general civil law principles under the German Civil Code. In practice, assigning liability can be complex, especially with self-learning systems. Depending on circumstances, providers, operators, or users may be liable for issues such as incorrect input, insufficient oversight, or inadequate disclosure.
Under German law computer fraud expires five years after completion of the offense. In particularly serious cases of computer fraud, the statute of limitations is ten years. For a pure preparatory act, the statute of limitations is 3 years.
The German settlement permit is an unlimited residence permit that enables permanent living and working in Germany as well as the right to unrestricted entry and exit. The requirements depend on the original residence permit. For example, the EU Blue Card leads to a settlement permit after just 21 months with appropriate language skills, or at the latest after four years.
Only in limited circumstances. A transitional arrangement under Article 100 of the Withdrawal Agreement kept legacy cases – claims arising from transactions before December 31, 2020 – within the EUBeitrG regime for five years. That transitional period expired on December 31, 2025. For new HMRC requests from January 1, 2026, the applicable legal basis depends on the tax type: the TCA Protocol governs VAT, customs duties, and excise duties, while the OECD Convention and Article 28 of the Double Taxation Convention apply to direct taxes.
Yes. If the heir earns their own income from the Turkish assets after the inheritance, such as interest, rental income, or investment returns, they must declare it in Germany as a person with unlimited tax liability. If the heir discovers that the decedent had already failed to fully declare such income from the Turkish assets during their lifetime, the heir is subject to their own correction obligation under Section 153 AO. Failing to act on this promptly can expose the heir to criminal liability as well, even though the original act was not their own. Schlun & Elseven’s lawyers assess whether a correction under Section 153 AO is sufficient or whether a voluntary disclosure under Section 371 AO is required.
As early as possible. Because the deadline to file an objection is just one month from the date the notice is served, the notice should be reviewed by a lawyer without delay. In many cases there are grounds to challenge the liability in full or in part, and early legal advice can help identify procedural errors and ensure the right steps are taken in time.
Allow the search if there’s a judicial search warrant or if immediate danger exists. Don’t resist, as this would worsen the situation. Exercise your right to remain silent and contact a lawyer immediately. If possible, document which items were seized and note the names of the officers involved.
Legal representation is not mandatory for standard customs clearance, but it is strongly advisable where goods have been formally detained, where a customs notice has been issued, where a product compliance issue is involved, or where the value of the detained goods is significant. Foreign companies dealing directly with German customs authorities – without German-language capacity and without knowledge of the applicable procedural rules – face a materially higher risk of an unfavorable outcome.
Switzerland is a member of the Schengen area. Nationals of certain countries may enter without a visa for short stays of up to 90 days. For longer stays, or for any stay involving gainful employment, a permit is required under the AIG. Most third-country nationals also require a national Type D visa before taking up residence in Switzerland.
Denied family reunification applications can be challenged through administrative appeals to German administrative courts. Appeals must be filed within prescribed deadlines (typically one month) and should address the specific grounds for denial. Alternative approaches may include reapplying with additional documentation addressing the reasons for denial, or seeking different visa categories that may be available based on your specific circumstances. We can assess which options are viable for your situation and guide you through the appeals process or alternative pathways.
Yes, dismissal is possible under certain conditions. In minor cases, dismissal under §§ 153, 153a StPO is possible, potentially with conditions like paying a fine or performing community service. If the official action was unlawful or an unavoidable mistake about lawfulness existed, proceedings can also be dismissed. Early legal representation significantly increases the chances of case dismissal.
Potentially, yes. If the BVA challenges the citizenship of a parent or grandparent through whom your own status was transmitted, your nationality may become legally uncertain — even if you hold a valid German passport. Each family member’s situation requires its own assessment and, where necessary, separate legal proceedings.
Dangerous bodily harm (Section 224 StGB) focuses on how the assault was committed – the dangerous method used. Serious bodily harm (Section 226 StGB) focuses on the consequences – permanent serious injuries such as loss of sight, hearing, speech, or reproductive capacity. Serious bodily harm carries one to ten years imprisonment, or not less than three years if the consequence was caused intentionally.
Pre-trial detention (Untersuchungshaft) is detention before trial, ordered by an investigating judge on application from the public prosecutor’s office. Under Section 112 of the Code of Criminal Procedure (StPO), it may only be ordered where there is strong suspicion of an offense and a statutory ground exists – such as a risk of flight or collusion. A criminal defense lawyer can challenge the grounds and apply for release, including on bail or surrender of a passport.
Document incidents thoroughly, report formally in writing to HR or the works council, and consult an employment law attorney. Your employer must investigate and take action. You may be entitled to damages if your employer fails to protect you. Don’t wait – these situations rarely improve on their own, and early legal advice strengthens your position.
Yes. The spouse and descendants of a recognized Spätaussiedler may, upon application, be included in the admission notice, even if they themselves do not have German ethnic affiliation. They must, however, demonstrate basic knowledge of German at A1 level. The marriage must have existed for at least three years at the time of the decision.
Non-compliance with GDPR during an internal investigation can result in fines of up to four percent of global annual revenue, render collected evidence inadmissible before German courts, and trigger additional regulatory proceedings. All evidence collection in German internal investigations must comply with GDPR and BDSG requirements from the outset.
Yes, after 12 months of uninterrupted employment in Germany, you can move to a company in another EU country that uses the EU Blue Card system. Previously, 18 months were required – this period has been shortened. The move must be reported within one month of arrival to the local immigration office of the new country to ensure compliance with EU regulations.
Yes, provided the EU Blue Card was first issued on or after 1 March 2024. This provision extends family reunification rights to parents and parents-in-law of EU Blue Card holders, a right not available to most other permit holders. The Blue Card holder must be able to demonstrate financial capacity to support the family members and provide suitable accommodation. Applications are submitted to the German diplomatic mission in the family member’s country of residence.
Under Article 51 UCC, importers must retain customs declarations, invoices, packing lists, certificates of origin, and valuation documentation for a minimum of three years. That period is extended by a further three years where a customs control has identified an accounts correction, and records must be retained until final resolution where an appeal or court proceedings are ongoing — meaning the effective retention period can be considerably longer in practice.
Under §§ 53 ff. Residence Act, foreign nationals can be expelled from Germany following a final conviction for drug trafficking. The weighing of expulsion and remaining interests in the individual case is decisive. For conviction to at least one year imprisonment, a particularly serious expulsion interest exists (§ 54 (1) No. 1b Residence Act). Additionally, possible deportation prohibitions are considered.
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.
The timeline depends primarily on whether a suspicious activity report has already been filed with the FIU and how complete the documentation is. With a professionally prepared source of funds submission and direct attorney communication with the compliance department, the freeze can often be lifted within a few weeks. Without legal support, proceedings can drag on considerably longer.
Use clear authentication procedures for sensitive communications, train your employees in dealing with social engineering and adapt contracts to the new risks. Regular risk analyses are particularly important for regulated industries.
German extradition law prohibits surrender to countries where individuals face capital punishment, torture, or degrading treatment under the IRG and Article 3 ECHR. We defend against extradition requests by demonstrating human rights risks, establishing the political motivation of charges, and proving that fair trial standards would not be met. Defense strategies include challenging Interpol Red Notices, filing constitutional complaints, and coordinating with international human rights organizations.
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.
The visa for entry must be applied for by the individual worker, typically at the relevant German embassy or consulate in their country of residence. We assist employers in coordinating this process and advise on the documentation required for each application. For large project crews, we can manage applications at scale through our application portal.
An employee working in Switzerland without valid authorization may be required to leave the country immediately. The employer faces administrative fines of up to CHF 10,000 or more, and deliberate violations can give rise to criminal liability. EU nationality does not remove the obligation to comply with Swiss authorization rules, and even short-term deployments within the 90-day threshold require advance registration with the cantonal migration authority.
A seconded employee generally remains liable for income tax in Germany for deployments of under two years. Where working days are spent in Switzerland, Swiss withholding tax (Quellensteuer) may be deducted at source and reconciled against the German tax liability under the Germany–Switzerland Double Taxation Agreement. For deployments approaching two years, the employee’s tax position should be reviewed proactively.
Yes, and achieving discontinuation before trial is often the best possible outcome, as it avoids a public hearing and protects the reputation of those involved. Under Section 153a of the Code of Criminal Procedure (StPO), discontinuation is possible subject to conditions, typically a financial penalty, without any finding of guilt being recorded. The likelihood of achieving this depends significantly on the offense, the evidence, and how defense counsel presents the case at an early stage.
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.
Please bring copies of your original application, all correspondence with authorities, payment receipts, and any supporting documents submitted. If some materials are missing, we can help reconstruct the documentation.
An experienced criminal defense lawyer reviews case files, develops tailored defense strategies, engages witnesses and experts, argues for less serious case classification where appropriate, challenges evidence and procedural issues, and works to achieve case dismissal or reduced charges. Early legal representation is crucial for protecting your rights and achieving the best possible outcome.
Not necessarily. Where a double taxation agreement exists, a dual burden can be avoided entirely or substantially reduced. Where no such agreement exists, Section 21 ErbStG permits crediting under certain conditions. In practice, however, crediting gaps frequently arise — for example, where the foreign levy does not constitute a conventional inheritance tax. Legal advice is therefore strongly recommended.
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.
Should challenges arise, such as application denials or legal disputes with the Ausländerbehörde, Schlun & Elseven Rechtsanwälte is equipped to represent clients through appeals and other legal proceedings. Our team is skilled in handling complex cases, ensuring your rights are protected and the process moves forward as smoothly as possible. We prioritize efficiency and proactive problem-solving, minimizing delays and complications throughout the immigration process. Our client-centered approach ensures clear communication and transparency, keeping you informed and in control every step of the way.
While not legally required, prenuptial agreements are highly recommended for international couples in Germany, especially when:
- You have assets in multiple countries,
- One spouse owns a business or significant intellectual property,
- You come from different legal traditions with varying property rights,
- You want to specify which country’s laws apply to your marriage.
Prenuptial agreements can prevent costly jurisdictional disputes, protect business assets, and provide clarity about property division and spousal support. Our international family law experts ensure your agreement is enforceable across relevant jurisdictions.
If the existing residence permit expires without a timely application being filed, the applicant risks losing lawful residence and may become obligated to leave the country. Whether any options remain in an individual case should be reviewed by a lawyer immediately.
Yes. If a managing director breaches tax duties intentionally or through gross negligence, they can be held personally liable under Sections 34 and 69 of the Fiscal Code (AO) for certain tax losses suffered by the company.
Timelines vary depending on the individual case, the status of the application, and the workload of the Administrative Court in Berlin. We are unable to provide specific timeframes, but legal intervention consistently represents the most effective way to compel a decision and end the uncertainty of indefinite waiting.
Yes, Schlun & Elseven is fully equipped to prepare your documents in English. However, if official documents are required, often an official translation will be necessary since the German administration offices do not accept English documents.
Yes. Missing documentation can often be reconstructed, and you may have legal rights to demand records from Heraeus through disclosure mechanisms. We assist clients in obtaining necessary documentation.
Yes. The most common outcome in criminal tax proceedings is discontinuation under Section 153a StPO, where the prosecution and court agree, with the consent of the accused, to drop the charges in exchange for the fulfillment of conditions, most commonly a monetary payment. This outcome carries no finding of guilt. Discontinuation is generally available where the amount evaded is limited and the overall degree of culpability is low.
Employers are not direct parties to the Federal Employment Agency approval procedure, but can play a central role: by submitting corrected or supplementary documents — such as a revised Declaration of Employment or an amended employment contract — a renewed Federal Employment Agency review can be initiated. Our immigration law team at Schlun & Elseven supports employers in preparing the necessary documentation and represents both employers and employees in complex procedural situations.
A verifiable U.S. military or government service pension can qualify as sufficient income for a financially self-sufficient residence permit under Section 7 of the Residence Act, provided it is sufficient to cover living costs in Germany without recourse to public funds. Under the Germany-U.S. double taxation treaty, U.S. government service pensions are taxable only in the United States and are not subject to German income tax — a factor German immigration authorities take into account when assessing income. The specific requirements vary depending on individual circumstances, and legal advice on the most appropriate application approach is recommended.
Yes. Any material change — including a permit expiry, a new application, the issuance of a Fiktionsbescheinigung, or the grant of a new permit — must be reported to the Einbürgerungsbehörde in writing, with supporting documentation. Failing to do so can have serious consequences for the application. Our lawyers can assist in drafting these communications.
Not always, but it may be mandatory depending on the nature of the processing. A data protection impact assessment under Article 35 of the GDPR is required where the use of AI is likely to result in a high risk to the rights of the individuals whose data is being processed.
A constructive distribution triggers corporate tax and trade tax at the level of the GmbH, and capital gains tax for the benefiting shareholder. Early tax advice is recommended to avoid retrospective assessments.
Recognition depends on where the divorce occurred. EU member country divorces are recognized in Germany without court proceedings—you submit the divorce decree and a standard certificate to update German civil status records. Non-EU Balkan divorces require formal recognition proceedings through the German Land Department of Justice, involving certified translations, apostilled documents, and court filings. We handle the complete process for both scenarios.
Yes, provided your EU Blue Card was first issued on or after March 1, 2024. Germany has introduced this option specifically to support the long-term integration of highly qualified professionals, acknowledging that family ties extend beyond the immediate household. Most other foreign nationals in Germany do not have access to this route.
Criminal proceedings can have professional regulatory consequences regardless of whether they result in a conviction. Possible sanctions range from warnings and fines to temporary or permanent revocation of medical license (Approbation). An experienced lawyer in medical criminal law coordinates defense in all parallel proceedings and works to prevent or minimize professional regulatory sanctions.
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.
Early access gives your German defense lawyer a crucial time advantage and prevents surprises in criminal proceedings. The sooner your lawyer sees what the investigation has gathered, the faster they can identify weaknesses in the prosecution’s case and respond. This allows our criminal defense team to develop a tailored defense strategy for your case at an early stage.
In part. Excluding the no-fault damages claim under Section 536a(1) BGB is permissible under the law on standard terms. Any limitation of liability for intent or gross negligence, or for harm to life, body, or health, is not permissible.
Yes. Once you hold a valid residence permit under Section 19c (1) AufenthG, your spouse and minor children can apply for family reunification residence permits under Section 29 and Section 32 AufenthG. Family reunification requirements include adequate living space and sufficient income to support the family without reliance on public funds.
Precautionary measures such as seizure, asset freezing, and property attachment are typically carried out without warning. Acting quickly and strategically is essential to help protect the business from an existential threat. A lawyer for tax criminal law understands how the authorities operate, can identify the most suitable legal remedies, and can advise and represent the business on both the criminal and tax law fronts.
Continued salary payments, damages claims, severance obligations, and legal costs can all result from an improperly handled separation — often significantly exceeding the cost of proper legal advice from the outset.
Yes, you must be completely honest about your criminal record. Germany is very strict about applicants lying about their criminal history, and attempting to hide it significantly increases your chances of being denied entry or residence. Authorities will want to know the nature of the offense, when it was committed, and what sanctions were ordered.
Upon receiving a summons, it is important to respond carefully and avoid saying anything that could be used against you. Consult a criminal defense lawyer before making any statements. An experienced lawyer can explain your rights and develop an appropriate defense strategy.
Yes. We regularly advise companies headquartered in the United States, the United Kingdom, and across Europe on their German global mobility requirements. All advice is provided in English, and we work with international clients remotely as standard. Where in-person representation is required at a German authority, our lawyers attend directly on the client’s behalf.
In many cases, yes. The OSS allows eligible businesses to register in a single EU member state and use that registration to account for VAT on qualifying cross-border sales to consumers across all EU member states, potentially avoiding the need for a direct German registration. Whether OSS is the appropriate mechanism depends on the nature and volume of the business’s activities, and legal advice is recommended.
An independent right of residence may arise if the marriage lasted at least three years, with at least one of those years spent in Germany, or if you have been awarded custody of any children from the relationship. A separate provision applies in cases of domestic violence, regardless of how long the marriage lasted.
Yes. Spouses and minor children can join the holder in Germany and are permitted to work without additional restrictions. Unlike EU Blue Card holders, CEO visa holders’ spouses are generally required to demonstrate A1-level German — a basic conversational standard — before receiving a family reunification visa, unless an exemption applies. Since March 2024, parental reunification with an adult child is also possible under certain conditions.
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.
The obligation typically covers employment contracts, payroll accounts, records of working hours, wage statements, and written documentation required under the Nachweisgesetz. The electronic transmission of data from certified payroll software may also be required. Which documents must be produced in a specific case — and which may be withheld — always requires an individual legal assessment.
Yes. Under the Brussels IIa Regulation, Greek divorce decrees are automatically recognized in Germany without the need for separate proceedings, and German divorces receive equivalent treatment in Greece. However, enforcement of specific provisions may still require coordination. Greek nationals in Germany often pursue divorce directly through German courts for more straightforward and streamlined proceedings.
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.
Yes, GDPR applies when processing personal data of German or EU residents, regardless of server location. This requires establishing legal bases for processing, implementing security measures, maintaining accurate records, and ensuring the exercise of data subject rights. Israeli companies should conduct compliance assessments before entering German markets to avoid substantial penalties.
Processing times vary depending on the immigration authority (Ausländerbehörde) handling the application and the volume of cases at any given time. Applicants who apply from within Germany during an initial visa-free stay should allow sufficient time before their 90-day window expires. Ensuring the application is complete and well-prepared from the outset reduces the risk of unnecessary delays.
Mediation is frequently conducted, a shareholder exits consensually for compensation, or contractually agreed buy-sell clauses take effect.
In many cases, yes. Several employment-based residence permits — including the EU Blue Card and permits under Sections 18b and 19c of the Residence Act — can be applied for from within Germany, provided the relevant requirements are met, and the application is filed in a timely manner. Whether an in-country switch is possible in your specific situation depends on individual factors that our team can assess.
Germany’s Skilled Immigration Act, introduced in March 2020, significantly simplifies the pathway for skilled workers to obtain German residence permits. Unlike the EU Blue Card which requires a university degree, the Skilled Immigration Act recognizes both university graduates and those with completed vocational training. The act eliminates the previous requirement for employers to prioritize German/EU workers over non-EU applicants, making hiring international talent more straightforward. Skilled workers can qualify with German vocational training, equivalent non-German qualifications, or in some cases, demonstrated skill level with sufficient earnings.
Violations can result in GDPR fines up to 4% of global annual revenue or €20 million, operational restrictions, cease-and-desist orders, and significant reputational damage. German authorities actively enforce AI compliance requirements. Companies may face additional civil liability claims from affected individuals and potential criminal sanctions for serious violations.
Processing times vary considerably between authorities. Experience suggests that applicants should allow for at least 18 months. Legal support can help to minimize delays.
No. Under Section 2040 BGB, a community of heirs may only dispose of estate assets jointly. No individual co-heir may withdraw funds or transfer balances without the consent of all other co-heirs, regardless of their share. Each co-heir, however, retains an independent right to request account information from the bank without the others’ consent.
No. Swiss nationals benefit from the freedom of movement under the Agreement on Free Movement of Persons between Switzerland and the EU, which allows them to live and work in Germany without requiring work permits or visas. However, they must register with local authorities upon taking up residence and obtain an EU registration certificate (Freizügigkeitsbescheinigung).
If you receive a police summons as a suspect in Germany, contact a criminal defense attorney immediately. Suspects typically do not yet know precisely what they’re accused of at this stage. Unconsidered statements, therefore, risk self-incrimination. You have the right to remain silent under German law—exercise this right and do not comment on the allegations without legal counsel.
Voluntary disclosure is barred once an audit order has been notified, criminal or administrative fine proceedings have been opened, an official has arrived for an audit, or the offense has already been discovered. Where the evaded amount exceeds EUR 25,000 per offense, automatic criminal exemption under Section 371 AO does not apply, though discontinuation under Section 398a AO may still be achievable. Assessing whether a bar applies requires careful legal analysis.
Such a decision can be challenged by filing an objection or a lawsuit within the deadline stated in the notice of legal remedies. In some states, such as North Rhine-Westphalia or Bavaria, the objection procedure has been abolished, meaning a lawsuit must be filed directly with the administrative court. If immediate enforcement has been ordered, an urgent application to the competent administrative court is also required to temporarily suspend the obligation to leave the country.
Once criminal or administrative fine proceedings have been initiated against the taxpayer, an immunity-conferring self-disclosure is generally ruled out under German law. The same applies where an audit order has been notified, where an officer of the competent authority has already appeared for a tax audit, or where the investigating authorities have announced or are conducting office or property searches. In this situation, immediate legal advice is essential to preserve the remaining options.
Asset disclosure (Vermögensauskunft) is a tool available to creditors once a writ of execution has been obtained. The debtor is required to disclose, under oath, their full financial position — including their employer, bank details, and all assets. This information enables the creditor to identify the most effective enforcement measure. The disclosure is recorded in a public register, with significant practical consequences for the debtor’s creditworthiness.
The process begins with a personal initial consultation, in which the notice is analyzed and an honest assessment of prospects is provided. The firm then acts immediately: the claim is filed within the applicable deadline, access to the BAMF case file is requested, and the proceedings are accompanied in full – from the initial assessment through to final resolution. Multilingual advice and intercultural experience are a matter of course.
American citizens can obtain German residence permits through employment (work permits or EU Blue Cards), self-employment visas, investment-based permits, or family reunification. EU Blue Cards offer the fastest path to permanent residence for highly qualified professionals, while self-employment visas require detailed business plans and sufficient financing.
In practice, obtaining information is often difficult. Many banks only offer online support, and available staff often lack information about the specific grounds for the freeze. In cases of suspected money laundering, banks avoid providing information to prevent jeopardising investigations. In such cases, there is no entitlement to information. A lawyer can contact the bank’s legal department directly and achieve clarity more quickly.
Cross-border service is generally governed by the Hague Service Convention. Germany has ratified the Convention, and each of its 16 federal states operates its own Central Authority for receiving service requests — there is no single national authority. Documents must include a certified German translation. Within the EU, the EU Service Regulation applies.
A claim may be brought before the administrative court. Proceedings take longer but provide fully independent judicial review of the BVA’s decision. Legal representation at this stage is essential.
Several options exist. The Opportunity Card (Chancenkarte) allows skilled professionals to enter Germany for up to one year to search for employment, with permission to work part-time during the job search. The Job Seeker Visa provides a similar route for up to six months. Individuals in recognized liberal professions may apply for a Freelance Visa without requiring a German employer.
Employers initiate the fast-track procedure at the local immigration authority, acting on behalf of the worker abroad. Qualification recognition, Federal Employment Agency approval, and preliminary visa approval are handled within a coordinated, deadline-bound process — significantly reducing overall processing time compared to the standard route.
It depends on the permit. No German language skills are required to obtain an EU Blue Card, and family members joining a Blue Card holder are also exempt from language requirements on entry. B1-level German is required for a settlement permit in most cases and for naturalization.
Both countries provide forced heirship protection, although the systems differ in their implementation. German forced heirship (Pflichtteil) guarantees certain family members a compulsory portion equaling half their statutory share, payable as a monetary claim. French forced heirship (réserve héréditaire) reserves portions directly for protected heirs, with the freely disposable portion (quotité disponible) varying based on the number of children. The EU Succession Regulation allows you to choose which country’s law applies through explicit declaration in your testament.
This depends on the type of residence permit. A residence permit generally expires after six months of absence, and the EU Blue Card after twelve months, provided no extended period was approved. Exceptions apply for holders of a settlement permit who have lawfully resided in Germany for at least fifteen years, can support themselves financially, and have no grounds for expulsion against them, or who are married to and living with a German national.
The Fourth Act Amending the Nationality Act created a special 10-year window (August 20, 2021 to August 19, 2031) allowing certain people to obtain German citizenship by simple declaration rather than full application. This applies to individuals born after May 23, 1949, who were excluded from German citizenship due to gender-discriminatory laws, including: children born before 1975 to a German mother and foreign father (in wedlock), children born before 1993 to an unmarried German father and foreign mother, or children whose German mother lost citizenship through marriage to a foreigner before 1953. This pathway also applies to descendants of these individuals and requires no German language skills.
The most common mistakes include:
- Disorganized or incomplete document production
- Making premature concessions or statements without prior legal review
- Inadequate documentation of processes and decisions
- Communicating with the auditors without legal support
- Missing deadlines for written submissions or objections
- Underestimating the consequences of apparently minor discrepancies
Yes, most German work visas allow family reunification. EU Blue Card, ICT Card, and other employment visas permit spouses and unmarried children under 18 to join you. Spouses typically receive unrestricted work authorization in Germany.
Family reunification is generally straightforward for work visa holders. Spouses receive immediate work permits, and children access excellent German public schools or international schools.
The process requires proof of adequate housing, health insurance for all family members, and sufficient income to support your family. Our legal team can guide you through the family reunification process to ensure a smooth relocation for everyone.
For non-German nationals, a conviction for a smuggling offense can have serious immigration consequences. A sentence of at least one year’s imprisonment can trigger a particularly serious ground for deportation. Even lesser sentences can result in a residence title being revoked or a renewal being refused. Coordinated advice from lawyers experienced in both criminal law and immigration law is therefore essential.
Both confer permanent residence in Germany but operate under different legal frameworks. The Daueraufenthaltsdokument-GB does not require a language test, an integration test, or pension contributions. The Niederlassungserlaubnis typically requires all three, as well as at least B1-level German.
No, an NDA is not always a mandatory requirement. The Trade Secrets Act merely requires “reasonable confidentiality measures” without prescribing a specific form. Whether an NDA is necessary – and whether it is sufficient on its own – depends on the individual case. For particularly sensitive information, an NDA alone will generally not suffice; in such cases, supplementary measures such as technical access restrictions, internal guidelines, or other confidentiality clauses in the employment contract are necessary. In other cases, such measures may be sufficient on their own without the need for a separate NDA. The decisive factor is always that the protection must be deemed appropriate in the specific individual case.
Yes. Under Section 21(1) No. 2 StVG, a vehicle owner who knowingly permits or instructs an unlicensed driver to use their vehicle faces the same penalties as the driver: a fine or a custodial sentence of up to one year. Where the owner acts negligently, the maximum sentence is six months. Owners should always verify the borrower’s license before handing over the keys.
Essential measures include clear contractual agreements with AI providers, compliance with copyright and data protection law, regular employee training, and continuous monitoring of current legal frameworks.
Unmarried partners are not treated as favored family members under the FreizügG/EU in the same way that spouses are, but they are not excluded entirely. Where a durable relationship can be substantiated – demonstrated through evidence of a genuine, long-standing partnership – the authorities are required to facilitate entry and residence and to examine the individual circumstances of the case. The outcome is less certain than for married couples, and the evidentiary requirements are more demanding. Legal advice is particularly important in this situation.
German inheritance law differs significantly from UK law through forced heirship rules (Pflichtteil) that guarantee family members mandatory inheritance portions. UK heirs must obtain German Certificates of Inheritance (Erbschein) and may face the community of heirs system (Erbengemeinschaft). Our inheritance lawyers coordinate estate planning and probate proceedings across both jurisdictions.
Yes. Managing directors can be held criminally liable if they initiate or approve false or incomplete information about investments or continue to use such information despite recognizable errors. The use of outdated prospectuses can also be punishable if the managing director knew or at least accepted that the information contained therein was no longer accurate. It should be noted, however, that investment fraud under Section 264a StGB is an intentional offense, so mere negligent ignorance is not sufficient.
Act immediately. We will examine measures to suspend the limitation period and clarify whether secondary liability on the part of the advisor applies.
Simple money laundering carries penalties from a fine to up to five years’ imprisonment. Money laundering committed on a commercial basis or by a member of a criminal organization carries six months to ten years’ imprisonment. Additional consequences often include asset forfeiture, professional disqualification, and corporate sanctions including substantial fines and license revocations.
The immigration authority issues a formal declaration of loss (Verlustfeststellungsbescheid). Legal remedies are available — first by way of administrative objection (Widerspruch), then by action before the administrative court (Verwaltungsgericht). Filing a challenge promptly can, in many cases, suspend enforcement. Early legal advice is essential.
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.
Processing times vary depending on the German diplomatic mission handling the application. Delays are common in practice, and where an application has been pending without a substantive response for an unreasonable period, legal remedies are available. Our lawyers advise on visa delay proceedings and can assist where the process has stalled.
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.
Yes. Companies face significant exposure beyond criminal proceedings against managing directors. Consequences can include substantial corporate fines, loss of business licenses, exclusion from public contracts, and severe reputational damage. Early legal advice can often prevent or mitigate these consequences through effective compliance systems and strategic response to investigations.
No. Following Brexit, UK nationals are no longer covered by the FreizügG/EU. British nationals who registered their residence in Germany before 30 June 2021 hold protected status under the EU-UK Withdrawal Agreement. Further information is available on our dedicated page covering permanent residence in Germany after Brexit.
After a detention appeal has been filed, the court must decide within three days.
Our lawyers provide preventive compliance advice, represent clients in investigations, and develop individual defence strategies tailored to each case.
GDPR violations during internal investigations can result in administrative fines up to 4% of annual worldwide turnover or €20 million, whichever is higher. Additionally, companies may face civil claims from affected employees, reputational damage, and enhanced regulatory scrutiny. Proper GDPR compliance includes establishing a lawful basis for data processing, implementing technical safeguards, providing data subject notifications where required, and ensuring data minimisation throughout the investigation process.
Once a court sets a resolution aside, the resolution is treated as invalid from the point it was passed. The company must then address the matter the resolution was meant to resolve, which often means holding a new shareholder meeting and passing a fresh, properly conducted resolution. Any actions already taken on the basis of the voided resolution may also need to be reviewed, since they were carried out without valid authorization. For this reason, it is often more efficient for a company to correct procedural errors early and hold a new vote rather than wait for a court to intervene.
Without legal representation you may make statements that are later used against you, miss deadlines for raising objections or submitting evidence, or receive a heavier sentence than would otherwise have been the case. In certain cases, German law requires mandatory defense under Section 140 of the Code of Criminal Procedure (StPO) – for example, where the charge carries a potential prison sentence of more than one year or where pre-trial detention has been ordered. Where mandatory defense applies and the accused has not yet instructed a lawyer, the court will appoint one under Section 141 StPO. Even where it does not apply, early instruction of your own defense lawyer is strongly recommended.
No. Despite their professional role, store detectives in Germany have no greater powers than any other private individual and are bound by the same restrictions under Section 127 para. 1 StPO. In practice, overreach is common — including searching people and their belongings, taking photographs, conducting interrogations, and demanding payment — all of which is unlawful under German law and may result in criminal prosecution.
A particularly serious case is generally assumed where the offence relates to an advantage of significant scale, where the offender continuously accepts advantages for future official acts, or where the offender acts on a commercial basis or as a member of a criminal group (Sections 300 and 335(2) StGB).
Global crises, trade sanctions, or legal changes can strongly influence contractual relationships. Flexible contract clauses – for example, for adaptation in case of political risks or supply chain disruptions – help to react in time.
Yes, the removal of a managing director must be registered without delay. This is done by submitting a certified copy of the shareholders’ meeting minutes to the Commercial Register.
Yes, recent changes to German citizenship law allow US citizens to retain their American citizenship while becoming German citizens in most cases. The dual citizenship rules have been relaxed, though specific circumstances may vary and should be evaluated individually
A well-drafted purchase agreement should clearly define the scope of what is being transferred and allocate liability for defects discovered after completion. Buyers should seek warranties from the seller regarding the property’s condition, planning status, and freedom from undisclosed encumbrances. Limitation of liability clauses are common in German commercial property transactions and require careful scrutiny, since they can significantly restrict a buyer’s remedies if things go wrong.
Yes. Schlun & Elseven Rechtsanwälte advises clients in English and multiple other languages. Family reunification cases regularly involve clients based outside Germany, and our immigration lawyers handle proceedings accordingly.
Under Section 89b HGB, a commercial agent is entitled to compensation on termination of the agency relationship, provided the principal continues to derive substantial benefit from the customer base the agent developed and payment of compensation is equitable in the circumstances. The amount is calculated based on the agent’s average annual commission over the preceding five years, capped at that figure, and takes into account the prospect of future transactions and any advance payments already received. Claims must be asserted within one year of termination. Both principals and agents benefit from taking legal advice promptly when an agency relationship ends.
Violations can be penalised with fines of up to 30,000 euros. In addition, each unreported payment is considered a separate administrative offence.
No, German juvenile court proceedings generally take place in camera (closed to the public). This applies to both juveniles and young adults when juvenile criminal law is applied. Only certain persons may be present: legal guardians, representatives of the Youth Court Assistance Service, probation officers (Bewährungshelfer), and, in exceptional cases, persons with legitimate interest. This regulation serves to protect the young person and prevent public stigmatization from jeopardizing their resocialization.
Kafala is not recognized as adoption in Germany, but can be recognized as foster care with transferred guardianship under Sections 108-109 FamFG. Recognition requires court proceedings examining whether the arrangement serves the child’s best interests. We guide families through recognition procedures addressing custody transfers, family reunification rights, and naturalization considerations for children under kafala arrangements.
Yes, German inheritance tax (Erbschaftsteuer) can apply to foreign heirs inheriting German company shares, as the shares are treated as domestic assets regardless of where the heir lives. The taxable value and applicable rates depend on the total estate value and the heir’s relationship to the deceased. Significant reliefs are available for business assets (Betriebsvermögen) under German tax law, but these are subject to conditions and must be actively claimed.
Wrongful delay in filing for insolvency (Insolvenzverschleppung) is a criminal offence under Section 15a (4) and (5) InsO, carrying a penalty of up to three years’ imprisonment or a fine. The offence can be committed even where the delay was unintentional.
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.
German law includes “Pflichtteil” (forced heirship), which guarantees spouses and children a portion of your estate regardless of your will’s contents. Additionally, multiple heirs form an “Erbengemeinschaft” (community of heirs) that must make decisions collectively. These concepts do not exist in many other legal systems.
Toleration is a temporary suspension of deportation. It is granted when departure is impossible for legal or factual reasons, such as when no travel documents are available, health reasons prevent departure, or the destination country refuses to accept the person’s return.
Transfers of property carried out as part of the divorce-related division of assets are generally exempt from real estate transfer tax (Grunderwerbsteuer). However, where the property is sold, capital gains tax (Spekulationssteuer) may apply depending on the circumstances.
Illegal employment of a foreign national carries significant fines and, in serious or repeated cases, criminal liability for managing directors and executives. Investigations are led by the Finanzkontrolle Schwarzarbeit with support from the Federal Employment Agency and tax authorities. Early legal advice is essential when allegations are made.
We are a German law firm with a specialised Turkish Desk that works through established partnerships with Turkish law firms, coordinated by senior partner Aykut Elseven’s Turkish connections. Our German legal team manages strategy and client communication, while our Turkish legal partners handle on-ground representation where Turkish law expertise is required, ensuring consistent quality and integrated cross-border legal services.
Real property abroad can trigger a splitting of the estate: certain countries apply their own domestic law to real property situated within their territory, with the result that movable and immovable assets may be governed by different legal systems. This can require parallel probate proceedings in multiple countries. Anyone with property abroad should factor this into their estate planning at an early stage and take country-specific legal advice.
Yes. Family reunification for spouses and minor children is available once the Section 21 residence permit is granted. Suitable accommodation for the family must be available. Our immigration lawyers can advise on and manage the family reunification process alongside the main permit application.
German courts operate without juries, with judges deciding all matters, and discovery is more limited than Canadian procedures. German courts generally allocate legal costs to unsuccessful parties, and the payment order system (Mahnverfahren) provides an efficient mechanism for collecting uncontested debts.
No. The Opportunity Card is for skilled workers searching for employment in Germany and does not authorize freelance or self-employed activity. Professionals with a specific project or freelance arrangement already in place should apply for the appropriate employment or self-employment residence title from the outset.
The landlord must bring eviction proceedings (Räumungsklage) before the competent court – typically the Landgericht for higher-value disputes. German law does not permit self-help eviction; a court judgment is required before enforcement can proceed. Where the lease includes a notarized eviction clause, the landlord can proceed directly to enforcement without a separate court judgment.
The Chancenkarte utilises a points-based assessment system evaluating university qualifications, professional experience, German language skills, age factors, and previous connections to Germany. Qualifying applicants receive residence authorisation for employment searches without requiring pre-existing job offers.
You have six weeks from learning of the death and your inheritance right to renounce (Section 1944 BGB). For heirs outside Germany, this extends to six months. You must formally declare renunciation at the German probate court or through a notary – email or letters are not valid. Missing the deadline means automatic acceptance of all debts, and you become personally liable. Act promptly to assess the estate’s debts before making a decision.
It may. Where parties have not made a valid choice of law, EU Regulation Rome I determines the applicable law for contracts within the EU. For commercial contracts, this is generally the law of the country where the party required to perform the characteristic obligation is habitually resident — often the supplier or service provider. Parties can choose German law expressly in the contract, which is common where one or both parties operate primarily in Germany.
Before signing. The financial consequences of a separation are determined by the drafting of the participation agreement under German law, not by the employment contract.
A specialist extradition lawyer plays a central role — not only as legal representative, but as strategic coordinator and international intermediary. Your lawyer can actively shape the course of proceedings through legal submissions on the inadmissibility of extradition — for example on grounds of political persecution, risk of torture, or the absence of dual criminality; the filing of legal remedies against extradition detention or the court’s admissibility decision; coordination with the competent authorities; cooperation with colleagues in the requesting state for parallel defense or protective applications; and applications to Interpol for the deletion of a Red Notice where it does not comply with Interpol’s rules.
The general limit for experienced private drivers over the age of 21 is 0.5 per mille blood alcohol concentration (BAC), which constitutes an administrative offense. Criminal liability arises at 1.1 per mille regardless of how the vehicle was being driven. Novice drivers and those under 21 face a zero-tolerance limit of 0.0 per mille. E-scooters are subject to the same limits as cars. Cyclists face a higher criminal threshold of 1.6 per mille, though lower levels can still attract consequences where impairment is evident.
The travel document for foreign nationals (Reiseausweis für Ausländer) under Section 4 AufenthV is a substitute document issued by German authorities for persons holding a residence title who can demonstrate that obtaining a national passport is not possible or cannot reasonably be expected of them. In practice, immigration authorities tend to apply the conditions restrictively. Whether an entitlement exists in a specific case, and how it can be persuasively established, should be assessed with legal advice.
Employers are required to verify, before employment begins, that the residence permit covers the intended activity. Employing a person without the required residence permit is likewise a regulatory offense. We advise companies on the legally sound review of residence permits and, where needed, support the entire approval procedure.
The right moment is when the repayment demand arrives — not when a summons from the criminal unit follows. The earlier a defense lawyer is involved, the more options remain available: the file can be reviewed, deadlines protected, communications managed, and a strategy developed before the authority escalates the matter. By the time the public prosecutor’s office is involved, a significant part of the defense window has already closed.
After three years of successfully operating the business, holders may apply for a permanent residence permit (Niederlassungserlaubnis). Requirements include stable income from the business, adequate housing, B1-level German, and basic knowledge of the German legal and social system. The Niederlassungserlaubnis is open-ended and does not require renewal.
Yes. After a sufficient period of lawful residence in Germany, U.S. citizens may be eligible to apply for German citizenship by naturalization. The standard requirement is five years of lawful residence, though this period may be reduced in certain circumstances. Naturalization ends the need for residence permits and visas entirely.
Beyond damage compensation claims, companies risk substantial fines under GDPR, significant reputational damage, and ongoing legal consequences. Companies should implement efficient processes to handle deletion requests promptly and maintain compliance with German personality rights law.
Under the Passport Act, an objection or appeal against passport revocation or confiscation has no suspensive effect, meaning the measure remains enforceable while remedies are pursued. This makes early legal action especially important. Schlun & Elseven Rechtsanwälte reviews the lawfulness of the administrative measure and promptly initiates the necessary legal remedies.
Family relationships can significantly impact residence rights in Germany. Marriage to a German citizen or EU national may provide residence permit pathways, but divorce can affect existing permits depending on their basis and duration.
PEP screening must be documented in a clear and audit-proof manner. Records must include the date of screening, the sources consulted, the result of the screening, the risk assessment, and any measures taken as a result. Companies should also record the reasoning behind specific risk decisions. Thorough documentation is particularly important during internal audits and regulatory inspections. Schlun & Elseven Rechtsanwälte supports clients in setting up sound documentation processes and drafting internal operating procedures.
Without a prenuptial agreement, couples operate under the community of accrued gains regime, where wealth accumulated during marriage is subject to equalisation. Each spouse’s net worth increase during the marriage is calculated, and the spouse with larger gains compensates the other for half the difference. International assets, business interests, and complex portfolios require expert valuation and may involve multiple legal systems.
Global crises, trade sanctions, or legal changes can strongly influence contractual relationships. Flexible contract clauses – such as for adjustment in case of political risks or supply chain disruptions – help to react in time.
AI applications processing personal data must comply with GDPR requirements. This includes establishing clear legal bases, providing transparent information to data subjects, implementing protective measures for automated decisions, and ensuring proper documentation of data processing activities.
Persons from third countries (outside the EU) require an appropriate visa for every entry into Germany. Depending on the purpose of travel, various short-term visas are available: Schengen visas, business visas, visas for trade conferences and sporting events, family visit visas, and visas for medical treatment. We advise on the most suitable visa type and assist with the application process to meet deadlines and avoid legal problems when exceeding the validity period.
If your driving license has been temporarily or permanently revoked, you’re legally prohibited from operating a vehicle. Driving with a revoked license can result in additional criminal penalties. We’ll work to minimize the duration of the suspension and explore options for reinstatement, but you must comply with the court’s orders and refrain from driving until your license is reinstated.
Under Section 14(2) EUBeitrG, mutual assistance is excluded where the request relates to claims that were already more than five years old at the time of submission, calculated from the date they fell due. An absolute bar applies to claims more than ten years old at the time of the request. Both periods can shift where an appeal is pending or a payment deferral has been granted. A careful limitation analysis can, in some cases, defeat the request entirely.
Immunity from prosecution only arises if the disclosure is complete, meaning it covers all previously undeclared income of a given tax type; if the offense has not already been notified to or discovered by the tax authorities; and if the evaded tax, along with any applicable surcharge, is repaid on time. Schlun & Elseven’s lawyers assess the prospects of a voluntary disclosure and support clients from calculating the back payment through to filing with the competent authority.
EMS parcels from non-EU countries, particularly China and South Korea, are subject to heightened customs examination in Germany. Common triggers include goods declared at values below their actual market price, consignments containing items that require CE marking or EU regulatory certification, and shipments that appear commercial in nature but are declared as private gifts. Since July 2021, all commercial imports into Germany are subject to import VAT regardless of value, and EMS parcels that do not comply with current VAT rules may be held pending assessment.
Under Section 19 AIG, the proposed activity must be in the interests of the economy as a whole, the necessary financial and operational requirements must be met, and the applicant must have an adequate and independent source of income. Cantonal and federal approval is required, and a comprehensive business plan demonstrating economic viability and contribution to the Swiss economy is a central component of the application.
German courts may recognize divorce judgments from African countries if they meet the German recognition requirements, which include proper jurisdiction in the issuing country, adequate procedural protections, and consistency with German public policy. Recognition procedures depend on whether bilateral treaties exist between Germany and the specific country, reciprocity arrangements, or general recognition principles under German international private law. Unrecognized foreign divorces may require new divorce proceedings in Germany.
A conviction for resisting law enforcement officers is recorded in your criminal history and can have significant professional implications. Particularly affected are careers in public service, the security sector, or jobs requiring an extended criminal record check. For civil servants, soldiers, or public service employees, disciplinary proceedings may also follow. A successful defense or case dismissal can prevent these consequences.
Yes. The Verwaltungsgericht Köln has jurisdiction over BVA decisions regardless of where you live, and our legal team regularly represents clients based in the USA, other EU member states, the United Kingdom, and further afield throughout the full proceedings.
Bodily harm resulting in death (Section 227 StGB) requires an intentional assault that unintentionally causes death. The perpetrator must have acted negligently regarding the death itself. In contrast, murder and manslaughter require that the perpetrator intentionally killed the victim. The essential difference is whether death was intended. This distinction significantly impacts both the charges and potential sentences.
The admission procedure must, as a general rule, be initiated from the country of origin. Having already left for Germany will generally preclude recognition as a Spätaussiedler. In certain hardship cases — for example, where the applicant is married to a German national — an application may be submitted from within Germany. Whether such a hardship case applies should be assessed with legal advice.
Generally no. Section 17 MuSchG prohibits dismissing pregnant employees during pregnancy and for four months after childbirth. Your employer must know about the pregnancy, or you must inform them within two weeks of receiving a dismissal notice. Exceptions require approval from the state supervisory authority and are rare.
The duration of an internal investigation depends on the complexity of the matter, the volume of evidence, and the number of individuals involved. Straightforward cases may be resolved within a few weeks. Complex investigations involving multiple jurisdictions, large volumes of digital evidence, or parallel regulatory proceedings can extend over several months. We provide realistic timeline assessments at the outset and update them as the investigation develops.
India’s Citizenship Act 1955 does not permit Indian citizens to hold dual nationality. An Indian national who acquires German citizenship through naturalization must renounce their Indian passport, a permanent decision that cannot be reversed. For this reason, most Indian nationals in Germany pursue permanent residency rather than citizenship, as the settlement permit provides indefinite residence rights and full labor market access without requiring the surrender of Indian nationality. Those who do proceed with naturalization typically apply afterward for Overseas Citizen of India (OCI) status, which provides visa-free travel to India for business, leisure, and medical purposes, without conferring full citizenship.
A criminal defense lawyer should be engaged immediately upon suspicion or accusation of drug trafficking. Even during the investigation phase, early legal advice can be decisive in developing the best possible defense strategy and achieving a possible case dismissal.
Administrative penalties apply to declaration errors, misclassifications, and valuation discrepancies. Deliberate evasion of duties can lead to criminal customs proceedings under the Abgabenordnung.
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.
An account termination justified solely by a client’s involvement with cryptocurrency may be legally challengeable. Depending on the account type and contractual terms, claims may arise from the bank’s statutory duty to provide basic banking services or from the general principle of equal treatment. We assess each case individually to determine whether and how such a termination can be challenged.
The EPPO is an independent EU body with jurisdiction across 22 member states, including Germany. It investigates and prosecutes fraud, corruption, money laundering, and VAT fraud affecting the EU budget, and can act even where national authorities have not initiated proceedings. It becomes relevant where a matter involves EU funds or financial interests spanning more than one member state.
Beyond standard income and housing requirements, Iranian families face extended processing times due to the need for consular certification of marriage and birth certificates, potential additional security checks, and heightened scrutiny of documentation. EU Blue Card holders receive faster processing, while other visa categories require demonstrating basic German language proficiency for family members. We manage document authentication procedures and prepare applications to address potential delays proactively.
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.
Vessel logbooks recording each crew member’s location throughout the deployment are the most reliable means of demonstrating periods spent outside the Schengen Area. This documentation allows workers to correct their Schengen day records if required and provides important protection against overstay findings on future entries.
A permanent establishment arises when a German company is found to have a taxable presence in Switzerland — typically because an employee there has authority to conclude contracts or act on behalf of the company. The consequence is corporate: the German company may become subject to Swiss corporate tax on profits attributed to that activity. The risk should be assessed before longer-term deployments to Switzerland begin.
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,