From a legal perspective, the sale or acquisition of a company is a highly complex and demanding process that needs to be carefully planned and coordinated. In this context, the letter of intent (LOI) plays an essential role. As a pre-contractual document, it sets out the intentions and objectives of the parties and outlines essential key points of the deal without being binding. Further negotiations are ultimately conducted based on the LOI, so both parties must carefully draft and analyse the letter of intent. To protect the disclosed company-relevant information from competitors, a non-disclosure agreement (NDA) is usually signed in advance.
The German law firm Schlun & Elseven Rechtsanwälte offers skilled and committed legal advice. Our lawyers, specialising in German corporate law and mergers & acquisitions, have extensive experience in M&A transactions and drafting contractual agreements. Thanks to their expertise, our lawyers ensure that the letter of intent fulfils all legal requirements and considers your interests appropriately. On request, we can also draft a non-disclosure agreement to ensure the confidentiality and fairness of contract negotiations. Contact us today to benefit from our expertise.
Relevance of the Letter of Intent
Although the letter of intent is generally not binding and, therefore, has no independent legal force, it is an important milestone in the M&A process. First, it signals a fundamental willingness to conclude a contract with the other party in the future. In contrast to the offer, the letter of intent does not constitute a claim to the conclusion of the intended contract; a no-binding clause is often explicitly included to safeguard this.
In addition to the declaration of willingness, the letter of intent fulfils several other functions:
- Definition of key points,
- Presentation of the basis for negotiations,
- Assurance of certain obligations.
Even if the letter of intent is not binding regarding the conclusion of the contract, it contains obligations such as confidentiality and exclusivity agreements that serve to safeguard the interests of both parties. It is essential to ensure the highest level of confidentiality, particularly regarding the internal company information disclosed. A separate confidentiality or non-disclosure agreement can be concluded in addition to the letter of intent.
Drafting and Content of the Letter of Intent
Although every M&A transaction is individual and the aspects to be negotiated are therefore also unique, some mandatory criteria must be observed when drafting the letter of intent. First, it should be noted that the term ‘letter of intent’ does not have to be explicitly mentioned in the document itself for it to constitute such a letter of intent. Particularly internationally, there may be different or additional terms. Only the content, not the title, is decisive for the legal categorisation of a document.
In addition to the detailed and specific designation of the transaction, such as the sale of a company and the naming of the parties involved, the following questions must be addressed in the letter of intent:
- What agreements have been reached so far?
- What further checks and verifications should be provided?
- At what intervals and to what extent should further talks take place?
- By when should an agreement be reached?
- What points have the parties involved not yet agreed on?
- Under what mandatory conditions will the transaction take place?
- What financing structure has been agreed?
In a letter of intent, aspects that have already been determined can be specified in concrete, legally binding terms (so-called “hard LOI”). If no agreements have yet been reached or if the parties do not wish to definitively commit to any of the legally relevant aspects, this is referred to as a “soft LOI.”
Joint Letter of Intent | Memorandum of Understanding
A memorandum of understanding (MoU) exists when the seller signs the buyer’s letter of intent, signalling its consent, or when the parties jointly draft such a document. The purpose of this is to record the results of the negotiations to date as an “interim result“. This document has the function of preparing the main contract, as there is already agreement on key aspects of the transaction. The memorandum of understanding, therefore, has a more substantial binding effect than the letter of intent, even though it does not grant any entitlement to the conclusion of the main agreement.
Compensation for Breach of Contract Negotiations
As the letter of intent signals that a contract is to be concluded and extensive negotiations, a due diligence review and possibly concessions from both sides have usually already taken place, breaking off contract negotiations can lead to a claim for damages.
The German law provides for the framework conditions of culpa in contrahendo, Section 311 (2) of the German Civil Code (BGB). However, a liability for damages only arises if the contract negotiations are broken off without good reason. If the negotiations have failed because the parties cannot reach an agreement, there is no question of the contract negotiations being broken off for damages. Irrespective of this, the parties can agree on a break-up clause during their negotiations. This is usually recorded in the letter of intent. The break-up clause is an agreement that allows the aggrieved party to demand reimbursement of costs if the contract negotiations are broken off. In this way, the parties gain additional liability and security.
Frequently Asked Questions about M&A Transactions, Company Sales, and Company Acquisitions
Legal 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.
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.
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.
If you are arrested for illegal street racing in Germany, it is crucial to remain calm and exercise your right to remain silent. This will help you avoid making statements that could be used against you. Contact Schlun & Elseven Rechtsanwälte as soon as possible to discuss your case with our legal experts. We will guide you through the process, protect your rights, and work to achieve the best possible outcome for your situation.
Family reunification visas are available for spouses, children, and sometimes other relatives of individuals legally residing in Germany. The specific requirements and application process depend on your residence status and the relationship to the family members you wish to bring.
Companies can protect themselves by implementing strong internal controls and whistleblower systems, conducting regular audits, and ensuring transparency in financial dealings. Training employees on ethical practices and maintaining clear policies on handling finances and confidential information also help reduce the risk of fraud allegations.
Changing your visa status while in Germany is generally not possible for short-term visa holders. Long-term visa holders may be able to change their status under certain conditions, such as switching from a student visa to a work visa if they find employment. This process involves applying at the local immigration office and meeting specific requirements.
Deportation can be a potential consequence for non-German and non-EU citizens convicted of serious offences like illegal street racing. The risk of deportation depends on various factors, including the severity of the offence and your immigration status. Our team at Schlun & Elseven Rechtsanwälte will assess your specific case, explore all possible legal avenues to mitigate this risk, and provide a strong defense to help you avoid deportation.
If a defendant violates bail conditions in Germany, serious consequences may follow. The court may revoke the bail and issue a warrant for the defendant’s arrest. Additionally, the defendant may face new criminal charges for breaching bail conditions. Depending on the severity of the violation and the circumstances of the case, the defendant could be held in pre-trial detention until the conclusion of their criminal proceedings. It’s essential for defendants to strictly adhere to bail conditions to avoid further legal complications and ensure their continued liberty pending trial.
The length of a driving license suspension for illegal street racing varies based on the specifics of your case and the court’s decision. Penalties can range from several months to several years, or in extreme cases, result in permanent revocation. Our legal team will work to minimise the impact on your driving privileges by presenting a robust defense and negotiating for a more lenient penalty if possible.
During your court appearance, you will have the opportunity to present your case, challenge evidence, and make legal arguments. The court will review the evidence, listen to testimonies, and make a determination based on the facts and legal arguments presented. Our lawyers will guide you through the court proceedings, represent you in discussions, and ensure that your rights are protected throughout the process.
Challenging evidence involves a thorough review of the materials presented against you, such as witness statements, police reports, and forensic evidence. Our legal team will identify any discrepancies, procedural errors, or issues with the evidence’s credibility. We will then use this information to argue for the exclusion or reduction of evidence that could negatively impact your case, enhancing your chances of a favourable outcome.
The NATO Status of Forces Agreement (SOFA) is an international agreement that establishes the legal framework under which U.S. military personnel, civilian employees, and their dependents operate in Germany. It outlines the rights, responsibilities, and privileges of these individuals while stationed in the host country.
Yes, bail can be granted for individuals facing extradition proceedings in Germany, but it depends on various factors and the specific circumstances of each case. The decision to grant bail in extradition cases is at the discretion of the court and is influenced by considerations such as the seriousness of the alleged offence, the strength of the evidence against the individual, and the likelihood of flight. Additionally, the court may assess whether granting bail would serve the interests of justice and ensure the individual’s appearance at extradition hearings.
No, you do not need a separate German residence permit if you have SOFA status. The SOFA certificate in your passport exempts you from the standard requirements of the German residency laws.
U.S. military personnel must present their military ID cards and NATO or travel orders. Civilian employees, DoD-sponsored contractors, and eligible family members must have a SOFA certificate in their passports. These documents allow for unrestricted entry and exit from Germany without adhering to typical German immigration laws.
It is recommended that you obtain a SOFA certificate before relocating to Germany. If you are unable to obtain one before departure, you should carry a copy of the sponsor’s travel orders and visit the servicing passport office to request the identification certificate within 90 days of arrival in Germany.
The SOFA certificate grants various privileges, including exemption from German residency laws, unrestricted entry and exit from Germany, and certain immunities under German law. It also provides protections under the NATO SOFA and the German Supplementary Agreement.
Yes, dependents of U.S. personnel with SOFA status can work in Germany without needing a separate labour permit. However, it is essential to comply with German tax regulations, and certain job categories might have specific tax exemptions.
If your driving license is suspended or revoked, you are legally prohibited from operating a vehicle during the suspension period. Driving with a suspended or revoked license can result in additional legal penalties. We will work to minimise the duration of the suspension and explore options for reinstatement, but it is essential to comply with the court’s orders and refrain from driving until your license is reinstated.
Both U.S. and German authorities have jurisdiction over criminal matters involving U.S. military personnel. Typically, German authorities handle offences committed off-base or involving German nationals, while the U.S. retains jurisdiction over certain crimes committed on military bases or involving U.S. personnel.
Civil cases, such as personal injury claims or property disputes, are generally handled by German courts. U.S. personnel enjoy certain immunities under SOFA but are still subject to German civil law for personal actions and off-duty conduct.
While SOFA provides various legal protections, U.S. military personnel and their families may still require legal assistance to deal with complex issues or disputes in Germany. Schlun & Elseven Rechtsanwälte offers expert legal advice and representation to ensure compliance with German law and address any legal challenges that may arise.
A legal opinion in family law is a formal statement provided by a qualified attorney that outlines the legal standing, implications, and potential outcomes of a specific case or legal issue. It includes an analysis of relevant laws, precedents, and facts to guide clients in making informed decisions.
A legal opinion helps you understand your legal position, the strengths and weaknesses of your case, and the possible outcomes. It provides a clear, professional assessment that can guide your actions, support negotiations, and strengthen your case in court.
At Schlun & Elseven Rechtsanwälte, our family law attorneys are experienced in both German and international family law. We analyse the interplay between different legal systems and apply international treaties to our legal opinions. This comprehensive approach ensures our legal opinions are firmly established and tailored to the complexities of cross-border cases.
Yes, at Schlun & Elseven Rechtsanwälte, we offer all our family law services, including legal opinions, in both English and German. This ensures that international clients can fully understand their legal standing and the advice we provide.
Yes, Schlun & Elseven Rechtsanwälte offers both online and in-person consultations. This flexibility ensures that we can accommodate clients’ needs and preferences, regardless of their location.
My name is Oisín O’Mahony.
I live in Bonn.
Commonly seized items by German customs include illicit goods such as drugs and weapons, counterfeit items, and undeclared cash. Excess quantities of tobacco and alcohol are frequently targeted, as well as improperly declared commercial goods. These seizures aim to prevent illegal trade and ensure compliance with customs regulations.
To prepare an accurate legal opinion, we need comprehensive information about your case, including relevant documents, previous court orders, and other pertinent details. We will guide you on the specific information required during the initial consultation.
Recognising and enforcing foreign judgments in Germany involves a legal process where a German court determines if a foreign judgment meets the criteria for recognition under German law. Our legal opinions provide a detailed analysis of these criteria, including compliance with international treaties, to ensure that foreign judgment is recognised and enforced correctly.
International treaties, such as the Hague Conventions, play a significant role in family law cases involving cross-border issues. These treaties establish common legal standards and procedures for issues like child abduction, custody, and support. Our legal opinions analyse the relevant treaties and their application to your case, providing a clear understanding of how these international agreements impact your legal situation.
Arbitration is a private dispute resolution process where parties agree to submit their dispute to one or more arbitrators whose decision is binding. Unlike litigation, which takes place in public courts and follows strict legal procedures, arbitration is more flexible and confidential, allowing parties to customise various aspects of the process. Parties typically follow the procedure outlined in their arbitration agreement, which may involve notifying the other party and the chosen arbitration institution to initiate arbitration in Germany. If no institution is specified, parties may need to agree on an ad hoc process or refer to relevant arbitration rules.
Arbitration is often more suitable for parties seeking a quicker and confidential resolution. It’s particularly beneficial for commercial disputes, international cases, and situations where parties prefer a private forum or need specialised expertise in the subject matter. Arbitration offers efficiency, flexibility, and privacy, making it a preferred dispute resolution method. Arbitration allows parties to customise procedural rules, evidence presentation, and scheduling to suit their specific needs, fostering a collaborative environment and tailored solutions.
Arbitration decisions, known as awards, are generally final and binding, with very limited grounds for appeal. These grounds typically involve procedural issues, such as lack of due process or arbitrator misconduct, rather than disagreements with the merits of the decision.
Arbitrators are selected by the parties based on the criteria outlined in the arbitration agreement. They are typically chosen for their expertise and experience in relevant fields. Arbitrators with specialised knowledge and experience in relevant fields should ensure that the decision-making is informed and efficient. They generally bring a deep understanding of the subject matter to the proceedings. In institutional arbitration, the institution may assist in appointing arbitrators if the parties cannot agree.
Child abduction in Germany is defined as taking a child from their habitual residence without the consent of the parent or guardian who has custody rights. This can include both domestic and international scenarios. If you are facing one of these scenarios, immediately contact the local authorities and seek legal advice from an experienced German family lawyer.
If the other parent has abducted your child, you can file a petition for the return of the child under the Hague Convention if applicable or seek legal action through German family courts for a domestic case. It’s essential to act quickly and consult a German family lawyer.
Arbitration proceedings are conducted privately, ensuring confidentiality and discretion, which is beneficial for businesses protecting sensitive information, proprietary data, or trade secrets. Details of the dispute, evidence, and award are not disclosed to the public. Confidentiality rules can be stipulated in the arbitration agreement or be part of the institutional rules governing the arbitration.
The Hague Convention on the Civil Aspects of International Child Abduction facilitates the prompt return of abducted children to their country of habitual residence and ensures that custody rights are respected across member countries.
Arbitration proceedings are conducted privately, ensuring confidentiality and discretion, which is beneficial for businesses protecting sensitive information, proprietary data, or trade secrets. Details of the dispute, evidence, and award are not disclosed to the public. Confidentiality rules can be stipulated in the arbitration agreement or be part of the institutional rules governing the arbitration.
Cases involving non-Hague Convention countries are more complex and require specialised legal assistance. It’s crucial to seek expert legal advice from our German family law team regarding navigating the different legal systems and cultural practices involved in the case.
Yes, many child abduction cases can be resolved through out-of-court settlements and negotiation, which often results in a more amicable and quicker resolution. However, legal proceedings may be necessary if an agreement cannot be reached.
Arbitration awards are globally recognised and enforceable, ensuring consistent outcomes across jurisdictions. International arbitration, governed by treaties like the UNCITRAL Model Law and the New York Convention, involves parties from different countries. crucial considerations include choosing the arbitration forum, applicable laws, and enforcing awards internationally, facilitating efficient cross-border dispute resolution.
Documentation is vital to success in such cases. Gather all relevant documents, including custody orders, birth certificates, passports, and any communication related to the abduction. These will be crucial in building your case and facilitating the return of your child.
In abduction cases, the German court prioritises the best interests of the child, considering factors such as the child’s welfare, stability, and existing relationships. The court also respects previously established custody agreements. Our family lawyers are available to advise you on how these factors apply to your case.
Online harassment in Germany includes a range of behaviours such as cyberstalking, defamation, unauthorised distribution of intimate material, threats, and hate speech. These actions are addressed under various sections of the German Criminal Code (StGB) and other relevant laws.
In Germany, the enforcement of arbitration awards is facilitated through a structured legal framework that ensures both domestic and international awards are effectively upheld. Domestic arbitration awards are enforced in a manner akin to court judgments, wherein the arbitral tribunal’s decision carries the weight of a judicial ruling. This process involves submitting the award to the competent German court, which then issues an enforceable judgment based on the award’s provisions.
If a child expresses a strong objection to returning, the court will consider their age and maturity in making a decision. The child’s views will be taken into account, but the primary consideration remains their best interests.
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.
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, 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Before the reform of the German name law, spouses could only choose either a common marital name upon marriage or continue to use their respective previous names. The possibility of having a common double name as a marital name did not yet exist.
This has now changed as of May 2025: Both spouses can now have a common double name (“Familiendoppelname”) – they may choose a variant with or without a hyphen. The possibility of each spouse continuing to carry their own name continues to exist, cf. Section 1355 of the German Civil Code (“BGB”).
Furthermore, it remains the same that only two names may be combined. This becomes relevant when one of the spouses already carries a double name: Long name chains like “Müller-Meier-Mustermann” are still not possible under German name law.
Asset protection provides advice on legal precautionary measures to protect assets from liability and third-party access (legal asset protection).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Foreclosure always begins with the creditor obtaining a legally enforceable title. Out-of-court collection proceedings and court dunning proceedings usually precede this. The exact procedure depends on the respective enforcement measure.
Enforcement, the last resort for debt collection, occurs when all previous requests and warnings have been unsuccessful. After receiving the enforcement order, the creditor can initiate measures such as asset seizure, wage garnishment, or a foreclosure sale to enforce their claim.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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, 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.
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.
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.
- 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
The requirements vary depending on the country of origin but often include a minimum age, proof of income, health checks, and background checks. In addition to a minimum age, a maximum age difference to the child is often specified, which is around 40 or 45 years. Depending on the legal situation, it is easier for married couples to obtain an adoption licence than for single people or people in a relationship without marriage.
The 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.
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.
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.
The following documents are essential for the successful processing of your extension application:
- a valid national passport with sufficient remaining validity,
- proof of adequate health insurance,
- the completed official application form, and
- proof of financial means for the duration of the intended stay.
Depending on the purpose of your stay, additional specific evidence may be required. For example, students must submit a current certificate of enrolment, while those with residence permits based on family law must provide appropriate evidence of the existence of a marital relationship.
Adoption not only brings advantages but also obligations for the adopted adult. It is not a one-way street that only benefits the adoptee. The basic idea of a morally justified adoption is also based on the fact that the adoptee must support their new parent. This means that the latter is obliged to provide financial and health support if this is needed. The adoptee now has a family responsibility to look after and support their new parent.
The adoption of an adult can be cancelled following Section 1771 BGB if there are compelling reasons for doing so. Refusal to provide the necessary support can be regarded as such a reason.
To qualify for an EU Blue Card in 2025, you need to earn at least €48,300 per year in most jobs. However, if you work in a shortage profession, are an IT specialist, or recently graduated from university, you only need to earn €43,759.80 per year. Shortage professions include jobs in science, technology, engineering, mathematics, medicine, and various technical fields where Germany needs more skilled workers. These salary requirements ensure that Blue Card holders are well-compensated and contribute positively to the German economy.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The enforcement order is the necessary legally binding document that gives the creditor the right to initiate enforcement measures against the debtor.
The enforcement order is a public document that certifies the creditor’s claim against the debtor. It is obtained when the creditor successfully completes legal proceedings, or there is another legal basis for the claim. The enforcement order must describe the parties and the nature and scope of the performance owed in detail. A notarized acknowledgement of debt on the debtor’s part may also constitute such an enforcement order, based on which the creditor can directly enforce the claim.
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.
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.
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.
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).
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.
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.
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.
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.
Yes, if they exceed the reporting threshold of 50,000 euros and do not fall under an exception. Whether an exception applies always depends on the individual case.
The centrepiece of the formation of a GmbH is the articles of association. This must be notarized by a notary and contain the following minimum details:
- Company name (name of the company with GmbH suffix),
- registered office,
- object of the company,
- amount of share capital,
- capital contribution of each shareholder.
A managing director must then be appointed. Finally, the GmbH must be entered in the commercial register to finalise the formation.
Any natural person, partnership, or other legal entity can be a founding member. It is also possible to establish a “one-man GmbH” so that a single founding member is sufficient, see Section 1 of the German Act on Limited Liability Companies (GmbHG). The nationality of the founding member is also irrelevant for the formation of the GmbH. Foreigners can form a GmbH in Germany under the same conditions as nationals.
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.
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, 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.
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.
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.
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.
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.
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).
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.
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).
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.
The extension of a Schengen visa is subject to strict legal requirements and is only possible in rare cases. Recognised reasons for extension include:
- Late entry into the Schengen area after the start of the visa’s validity
- Humanitarian circumstances, such as urgent medical treatment or attendance at the funeral of a close relative
- Cases of force majeure, including natural disasters, exceptional weather events or pandemic situations
- Serious personal reasons, which are subject to particularly intensive official scrutiny
The application must be submitted to the local immigration office before the visa expires. Processing can take up to four weeks, during which time travel to other Schengen countries is not allowed.
It is not necessary for an adoption that the adopted person was born in Germany or is a German citizen. Accordingly, German law also offers the possibility of adopting adults who are not German. However, it should be borne in mind that an adoption is of no advantage to the person concerned when it comes to acquiring German citizenship. Other procedures should, therefore, be considered for this purpose.
A morally justified adoption of an adult without German citizenship is to be measured against the same criteria as that of a German. A close parent-child relationship is also decisive here. Therefore, an adoption that serves the sole purpose of enabling the person concerned to remain in Germany will not be granted.
Most people need to apply for a German Employment Visa first at a German Embassy or Consulate in their home country before coming to Germany. Once you arrive in Germany, you have three months to apply for the actual EU Blue Card at your local immigration office called the Ausländerbehörde. Citizens from the United States, Canada, Japan, Australia, Israel, South Korea, and New Zealand can skip the employment visa step and apply directly for the Blue Card. You will need several documents including your passport, employment contract, university diploma, health insurance proof, and evidence of where you live in Germany.
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.
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.
Yes, this is possible. If the child has received the marital name of the parents as their birth name according to Section 1616 German Civil Code and the parent in whose household the child lives (after the divorce) resumes their previous name, the child can also adopt this name.
The decisive – but not the only – difference in taxation already exists in assessing a partnership or a corporation. In the former, the shareholders are taxed through income tax, in the latter, the company itself is taxed through corporation tax.
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.
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.
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.
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.
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.
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 maximum duration of pre-trial detention is generally six months, Section 121 (1) of the German Code of Criminal Procedure (StPO). However, if there are special reasons, this can be extended up to a total of 12 months. Pre-trial detention must be terminated immediately if the reason for detention or the urgent suspicion of an offence ceases to exist or if your legal counsel has effectively asserted a legal remedy.
The best advice regarding potentially reducing the period of detention is by seeking expert legal advice.
Due diligence includes assessing a company’s strengths and weaknesses, as well as its opportunities and risks. As part of this audit process, all economic, legal, tax, and financial circumstances are analysed and broken down.
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.
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.
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 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.
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.
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.
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.
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.
A legally enforceable enforcement order is a mandatory prerequisite for enforcement. The other requirements vary depending on the type of order and the enforcement measure applied (e.g., whether enforcement is against movable or immovable property).
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.
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.
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.
That depends on the type of transaction. Commercial payments or large individual payments may have to be reported. Here, too, it depends on the exact circumstances of the individual transaction.
A starting capital of €12,500 is necessary and sufficient. However, this is only the amount considered enough to enter the German commercial register, see Section 7 Para. 2 GmbHG. The share capital of the GmbH must be at least €25,000, as this is the minimum liability amount of the company. However, this money can be spent for the company’s benefit after entry into the commercial register and does not have to remain in an account.
In addition to the share capital, the formation costs must be paid. These include all the expenses required to set up the company, particularly the notary’s fees, the court’s fees, and the charges of publicising the company.
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, 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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
Yes, this is now also possible according to Section 1617e Para. 4 German Civil Code: Stepchildren who had adopted the name of their stepparent can now revert this name (for example, in case of their parents’ divorce or when moving out of the joint household). The name reversion must be declared at the registry office.
Through the holding company, profits, or losses of one subsidiary can be included in the assets of another subsidiary so that the assets can be offset within the holding company as tax-efficiently as possible. In addition, a holding company can be exempt from corporate income tax or taxed at lower rates under certain conditions.
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.
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.
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.
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.
- By successfully asserting legal remedies against pre-trial detention, such as the detention review and the detention complaint,
- if the reason for detention or the urgent suspicion of an offence no longer applies or
- by the passage of time.
The company value is, of course, the decisive factor in every M&A transaction. However, contrary to what one might think at first glance, this is not only determined by the profit. Decisive factors besides profit are:
- Profitability and earning capacity,
- turnover,
- amount of equity,
- fixed assets, inventories, and receivables,
- employment relationships,
- industry, location, and company size.
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.
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.
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.
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.
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.
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 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.
The company value is the decisive factor in every M&A transaction. However, this is not only determined by the profit. Decisive factors, in addition to profit, are
- Profitability and earning capacity,
- turnover,
- amount of equity,
- fixed assets, inventories, and receivables,
- employment relationships,
- industry, location, and company size.
The disclosure of assets is also an enforcement measure. It gives the creditor insight into the debtor’s financial and income situation. It can only be requested once the enforcement order has been issued.
In the asset disclosure, the debtor must truthfully disclose all relevant information and their entire financial situation (such as their employer, bank details, and a list of valuable items and real estate).
Providing asset disclosure has significant consequences for the debtor: They become uncreditworthy, and the entry of the asset disclosure in the debtor register can make it more difficult for them to find a job or apartment in the future.
Note: Asset disclosure used to be known as an “affidavit” or “declaration of disclosure.”
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.
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.
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.
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.
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.
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.
Yes, if these payments are made internationally and exceed the reporting limit of 50,000 euros.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Yes, one of the biggest advantages of the EU Blue Card is that you can bring your family to Germany through a process called family reunification. This includes your spouse or registered partner, children under 18, and other dependent family members like adult children or parents who rely on you financially. To bring your family, you need to prove that you can support them financially, have a job contract that lasts at least one more year, and provide adequate housing for everyone. Your family members will receive residence permits that last as long as your Blue Card, and they can work in Germany without needing separate work permits or meeting salary requirements.
Yes, adults can now redetermine their birth name once according to Section 1617i German Civil Code. The name change may only be carried out once and does not require a specific reason. There is one prerequisite: the parents did not have / do not have a common marital name and the (now adult) child accordingly only carries the name of one parent.
The following options are then available for redetermining the name:
- Adopt the name of the other parent
- Form a double name from both parents’ names, or
- Select a single name from an existing double name.
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.
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.
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.
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.
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.
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.
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.
A pre-trial detention order is an arrest warrant necessary to take a suspect into custody. The competent investigating judge issues it, and it has the following requirements:
There must be an urgent suspicion of an offence. This is assumed if there is a high probability that the accused is the perpetrator of a criminal offence based on the investigation status.
The grounds for detention are specified in Sections 112(2) and (3) and 112a StPO:
- Flight or risk of flight,
- Risk of concealment: the suspicion that evidence will be destroyed or falsified by the accused themselves or by others or that witnesses and experts will be unfairly influenced,
- Suspicion of a capital offence, such as the formation of terrorist groups, murder, manslaughter, grievous bodily harm, and particularly serious arson,
- risk of repetition.
There is no generally applicable tax amount, and the types of tax incurred are not always the same. It always depends on the specific situation, in particular, the form of the company sale.
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.
An amicable agreement should always be set out in writing to ensure legal certainty for both parties. It is important to define every detail precisely, especially the installment amount and due dates. It is advisable to have legal counsel present during the negotiations. This will ensure that the agreement is fair and legally binding.
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.
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.
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.
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.
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.
As a rule, the parent who has custody of the child also has the right to determine the child’s place of living. However, the right of residence can also be separated from (other) custody rights. If the parents as joint custodians cannot agree on the right of residence, only one parent can be awarded the right of residence independently of the other custody rights. The best interests of the child are also the decisive factor when deciding on sole rights of residence.
Who the child lives with is not decisive for the right of residence. As a rule, the right to determine residence is based on the allocation of custody rights. However, this is also separate from who the child lives with. The child can live with the mother, while the parents share custody and the right to determine residence. Irrespective of the right of residence, the father with whom the child does not live or the parent with whom the child does not live at least has a right to contact with the child.
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.
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, 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
Violations can be penalised with fines of up to 30,000 euros. In addition, each unreported payment is considered a separate administrative offence.
The commercial register is open to public inspection and provides your business partners with information about your company’s key economic circumstances. Registering your company with your company name protects it against other names. The entry also shows that you or your company are subject to the regulations for merchants (HGB). These regulations simplify legal transactions between merchants and make them less time-consuming than between non-merchants.
The following information is always entered in the commercial register:
- Company name,
- names and dates of birth of the management,
- registered office, branches, and subsidiaries with details of the respective address,
- object of the company,
- authorised representatives (Prokura), their names and dates of birth,
- special powers of representation,
- legal form,
- amount of share capital, limited partnership capital or nominal capital,
- date of first registration,
- opening balance sheets,
- annual financial statements.
It is advisable to consult a lawyer specialising in German corporate law to avoid unnecessary formal errors in this step.
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.
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.
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.
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.
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.
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.
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.
The extension of an ICT card is particularly complex and differs fundamentally from other residence permits. There is no provision for a direct extension of the existing ICT card. Instead, continued residence after the expiry of the original card requires a completely new application process.
In this case, a mandatory six-month interruption of residence in Germany (‘cooling-off period’) must be observed before a new ICT application can be submitted. The new application process usually takes up to 90 days, but can be completed more quickly under favourable circumstances.
The EU Blue Card provides a fast track to permanent residency in Germany. If you can demonstrate that you speak German at B1 level, you can apply for permanent residency after just 21 months of holding the Blue Card. If you don’t speak German at that level yet, you can still apply for permanent residency after 33 months. This is much faster than other types of residence permits, making the Blue Card an attractive option for people who want to build a long-term life in Germany.
Yes, the new German name law allows gender-adapted forms of surnames. For example, for members of the Sorbian people or for other persons whose name forms follow foreign traditions (like for women adding the suffix “-owa” to their name once they are married). Also, patronymic or matronymic names (i.e., names derived from the first name of the father or mother, for example “Jansen” or “Albertsen”) are now possible, for example. These new regulations thus make it easier for families to show their cultural heritage through their name.
Some companies are particularly suitable for asset protection due to the possibility of limiting liability to the company’s assets. In the context of asset protection, the following “asset protection companies”, in particular, come to the fore:
- Holding company,
- family foundation,
- trusts,
- limited liability company,
- offshore companies.
Time is critical in international child abduction cases. Take these immediate steps:
- Contact the police immediately to report the abduction,
- Contact our emergency legal line for immediate legal intervention,
- Gather all relevant documents: custody orders, passports, travel documents,
- Do not travel to the other country without legal advice.
We advise on emergency Hague Convention procedures and work with international networks to secure your child’s swift return. Our legal team coordinates with law enforcement, diplomatic channels, and foreign legal representatives to locate your child and initiate return proceedings immediately.
Our hybrid work model allows for flexible scheduling. We can arrange meetings outside traditional German business hours and use asynchronous communication tools to ensure smooth collaboration regardless of your location.
While we cannot guarantee specific outcomes, legal intervention often prompts administrative attention to delayed cases. Authorities generally prefer to resolve matters before formal court proceedings become necessary.
All German property purchases require notarial completion, land registry registration (Grundbucheintragung), and payment of property transfer tax (Grunderwerbsteuer). You will need to exercise due diligence on title, understand pre-emption rights and building restrictions, and comply with ongoing tax obligations. We guide foreign buyers through the complete acquisition process, including financing arrangements and ongoing compliance requirements.
Efficient risk management in M&A includes
- careful preparation with professional support,
- comprehensive due diligence,
- precise contract drafting,
- risk allocation,
- conclusion of appropriate insurance policies.
Yes, it’s strongly advisable to seek legal assistance, especially for serious offenses. Without legal representation, your chances of obtaining a German residence permit are greatly reduced. An immigration lawyer can evaluate your specific circumstances, examine the nature of your offense, and develop the best strategy for your case.
If a criminal trial ends in an acquittal or the opening of the main proceedings has already been rejected, it is possible to claim damages. Compensation for loss of earnings and lost profits is also possible, as well as claims for compensation for pain and suffering. We will check your chances of success regarding the assertion of claims – please, do not hesitate to contact us.
Efficient risk management in M&A includes
- careful preparation with professional support,
- comprehensive due diligence
- precise contract drafting,
- risk allocation,
- conclusion of appropriate insurance policies.
Yes, international companies must establish comprehensive data processing agreements with AI vendors under GDPR Article 28. These contracts must specify data protection responsibilities, security requirements, compliance obligations, and deletion procedures. Standard vendor agreements typically lack sufficient AI-specific protections required under German law.
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.
The seizure of items, known as “Sachpfändung,” is carried out by a bailiff. The bailiff either takes the debtor’s seizable items with them or affixes a seizure seal (known as a “cuckoo”) to items that remain with the debtor to indicate that they have been seized. The items are then sold at public auction, and the proceeds are paid to the creditor.
Anmeldung is mandatory address registration that must be completed within 14 days of arrival in Germany. It’s required to open bank accounts, get a Tax ID, access healthcare, and for most official processes. You will need your rental agreement and landlord confirmation.
This simple registration unlocks your entire life in Germany – without it, you cannot work legally, open bank accounts, get internet service, or access most government services. Failure to register on time can result in fines and complications with your residence permit.
Germany requires mandatory health insurance. Employees typically join public insurance (with costs shared with employers) or may qualify for private insurance based on income and employment status. Both systems provide comprehensive coverage with generally lower out-of-pocket costs than most US healthcare plans.
International child custody matters are governed by the HCCH 1996 Child Protection Convention. German family law distinguishes between custody (Sorgerecht), residence rights (Aufenthaltsbestimmungsrecht), and access rights (Umgangsrecht). Our family lawyers handle complex international proceedings and coordinate with UK family courts for enforcement and child abduction cases.
Primarily, parents have a right of access, i.e. the right to have contact with their child. This right exists independently of custody or residence rights. Grandparents or other close relatives may also have a right of access to the child. The right of access is intended to ensure that a relationship with the parents remains in favour of the child and that the child’s emotional and social development is encouraged in the best possible way. Individual contact arrangements can be agreed between the parents or by the court. To prevent unnecessary disputes, it is advisable to draw up a contractual contact arrangement with the help of a family lawyer, which stipulates how and when the parent with access rights has contact with the child.
As a German tax resident, you’ll pay German income tax plus solidarity surcharge. The US-Germany tax treaty provides mechanisms to prevent double taxation, though you must still file US tax returns annually regardless of income level or German tax payments.
Many Americans in Germany can significantly reduce their US tax liability through the Foreign Earned Income Exclusion (currently up to $130,000 for 2025) and Foreign Tax Credits for taxes paid to Germany. The optimal strategy depends on your specific income level and tax situation.
Professional tax planning is essential given the complexity of dual tax obligations. Both countries have different rules for deductions, timing, and income types, making expert guidance valuable for ensuring compliance and optimizing your overall tax position.
The reporting obligation, as such, is not subject to a statute of limitations. However, the authorities can demand a fine for failure to do so. According to. § 31 of the Administrative Offences Act, the limitation period is 3 years.
There is no general answer to this question, as it depends entirely on your individual goals, needs and the nature of your business. Relevant differences between the company forms that you should include in your considerations are in particular
- liability,
- equity capital and formation costs,
- image and external perception,
- company size,
- taxes.
It is advisable to seek legal and tax advice, especially when choosing the proper company form, to ensure that you make the best possible decision for your company.
German companies must file annual corporate tax returns, trade tax returns, and VAT returns, if applicable. Corporate tax rates are approximately 30%, including trade tax, while the VAT standard rate is 19%. You must register with local tax authorities immediately after entering the commercial register and maintain proper accounting records according to German standards.
German family law applies different matrimonial property rules than most US states, follows European jurisdiction regulations (Rome III), and can impact German residence status for spouses who obtained permits through marriage. International divorce cases require careful jurisdiction analysis and coordination with US legal requirements.
Berlin’s capital status creates unique opportunities, including higher application volumes, diverse visa categories for diplomatic personnel, and specialised procedures for creative professionals. The Landesamt für Einwanderung processes exceptional application volumes.
Yes, under Germany’s updated citizenship laws, dual citizenship is now permitted for most nationalities. You no longer need to renounce your original citizenship to become German, though specific eligibility criteria may apply depending on your home country’s laws and circumstances.
Foreign family law judgements can be recognised and enforced in Germany, but the process varies by country of origin. EU judgements benefit from streamlined procedures, while non-EU decisions require more extensive review and proper jurisdiction verification.
Yes, German law requires mandatory legal representation under Section 114 FamFG – at least one spouse must be represented by a qualified German attorney (Rechtsanwalt). This requirement ensures proper navigation of German legal procedures and protection of your rights. International cases particularly benefit from specialised expertise in cross-border legal issues, jurisdiction questions, and multi-system coordination.
Consultation costs vary depending on the complexity of your AI systems, compliance requirements, and business needs. We offer initial consultations to assess your specific situation and provide transparent pricing for ongoing legal support tailored to international business requirements.
In the context of the adoption of a minor, the child continues to receive the family name of the adopter as their birth name, cf. Section 1757 German Civil Code. Since adopted children hold the same legal rights as biological children, the legal situation of the new German name law applies to them accordingly, cf. Section 1754 German Civil Code.
International corporate structures are particularly relevant for cross-border asset protection. This requires careful expertise, as these are highly complex legal structures in which different legal systems and agreements interact and apply. Strategic asset transfers across national borders are also possible. However, they should always be protected by legal advice to ensure that no laws are violated, and you cannot be held liable – or even have criminal proceedings initiated against you (e.g. for tax evasion, fraud, or breach of trust).
The Hague Convention on International Adoption provides a structured framework for ethical international adoptions. The process involves:
- Home study and approval by German authorities
- Matching process coordinated through Central Authorities
- Legal proceedings in the child’s country of origin
- German recognition of the foreign adoption order
The entire process typically takes 18-36 months and requires strict compliance with both German and foreign legal requirements. Our adoption specialists coordinate with international agencies, foreign courts, and German authorities to ensure seamless processing while protecting the best interests of the child.
Regularly, it is enough if your legal representative is present in court. On some occasions, it might benefit your case if you appear in the hearing, too. For any out-of-court procedures, it is usually not required to be present. However, it always depends on the individual circumstances of the legal matter.
Yes, we provide comprehensive support in both German and English. While official documents must be in German, we ensure clear communication throughout the process in your preferred language.
Cross-border inheritance involves contending with different legal systems, probate processes, and tax obligations. German law adheres to the principle of forced heirship, which guarantees certain family members a compulsory portion (Pflichtteil), whereas many Balkan countries permit greater testamentary freedom. Immovable property typically follows the law where it’s located, creating potential conflicts when estates span multiple jurisdictions. We coordinate estate planning and administration across both German and Balkan legal systems, including probate applications, tax compliance, and asset distribution.
An experienced lawyer will immediately check the basis of the arrest warrant. This includes
- The investigation of evidence that refutes the assumption of a reason for detention. For example, courts often hastily assume a risk of absconding.
- As well as a comprehensive examination of whether the pre-trial detention order is proportionate.
- The lodging of appeals, such as a detention review or a detention appeal, must also be considered.
At the same time, our German lawyers immediately prepare the criminal defense. After inspecting the files, we will develop a defense strategy tailored to your case.
Our practice group of experienced German criminal defense lawyers at Schlun & Elseven has extensive experience in the successful release from custody and criminal defense of our clients. Contact us now if you or someone you know is in pre-trial detention or at risk of imminent arrest.
German AI law requires ongoing compliance monitoring rather than one-time assessments. Companies should conduct regular compliance audits, update risk assessments when systems change, monitor for discriminatory outcomes, review data processing activities, and ensure staff training remains current with evolving legal requirements. Systematic monitoring helps detect and address compliance issues before violations occur.
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.
Debtors can keep a certain amount for themselves, even in the event of foreclosure, to secure their livelihood. This is to ensure that they can continue to pay their rent and buy food, for example. The seizure exemption limit is currently €1,555.00 per month (as of 2025). This amount is adjusted annually on July 1.
No. The parent without custody is entitled to contact rights. Access rights are independent of custody rights. Contact rights and their limits are determined by the court and are only restricted or prohibited if contact with one parent jeopardises the child’s welfare. However, this is an absolute exception. If such a case arises, it is highly advisable to consult an experienced family lawyer regarding the available options for action.
Possibly! German citizenship by descent is available if your parents or grandparents were German citizens who didn’t formally renounce citizenship. Special provisions exist for descendants of those persecuted by Nazi Germany between 1933-1945. We offer free eligibility assessments.
Many Americans qualify without realizing it, particularly those with ancestors who emigrated before 1914 or fled during wartime. Article 116 provisions specifically restore citizenship rights for descendants of Nazi persecution victims, with recent legal changes expanding eligibility.
The documentation process can be complex, requiring German birth certificates, marriage records, and proof that your ancestor retained German citizenship. Given the complexity of historical citizenship laws and documentation requirements, professional legal assistance is highly recommended.
Legal advice is advisable, particularly in the case of impending fines, but also in the case of complex transactions and uncertainties regarding the reporting obligation.
The most obvious difference lies in the name of the company. In the case of a GmbH, the suffix “GmbH” appears after the chosen company name. In contrast, the suffix “UG (haftungsbeschränkt, limited liability)” or “Unternehmergesellschaft (haftungsbeschränkt)”/”Entrepreneurial (company limited liability)” appears after the company name of a UG.
A significant difference lies in the amount of the minimum share capital. While this is €25,000 for a GmbH, a UG can be founded with as little as €1. The UG form was introduced to make it easier for founders with limited financial resources to start. It is, therefore, well suited for start-ups. However, due to the lower share capital, the UG may be perceived as less serious than a GmbH. The creditworthiness can also be rated lower. Over time, however, a UG must increase its share capital if the financial circumstances permit this, as noted in the German commercial register, so that the respectability and creditworthiness could be equalised over time.
Another key difference is the appropriation of profits. This is very flexible in the case of a GmbH. In the case of a UG, there are fixed guidelines on how the profit is to be utilised.
While not legally required, professional legal support is highly recommended due to the complex German corporate law requirements. Legal errors can cause registration delays, compliance issues, and structural problems affecting business operations. Professional assistance typically saves time and prevents costly mistakes, especially for international entrepreneurs unfamiliar with German procedures.
Our German law firm’s Turkish Desk provides bilingual support in German and Turkish, ensuring clear communication throughout all proceedings. We handle document translations and coordinate with authorities in both countries through our Turkish legal partners, while addressing cultural business practices that can affect negotiation strategies, relationship management, and procedural expectations.
Long-term Berlin residents may qualify for upgraded residence permits, including EU Blue Cards, settlement permits, or status changes based on family circumstances or employment developments. Regular eligibility evaluation helps identify upgrade opportunities.
US citizens living in Germany face dual tax obligations requiring German tax registration, annual German tax returns, and coordination with US tax reporting requirements. German tax residency creates comprehensive reporting obligations, including income tax, potential wealth tax, and various regulatory filings that must be managed alongside US tax obligations.
German tax audits can escalate from administrative reviews to criminal proceedings if serious violations are suspected. You have specific procedural rights during audits, including the right to legal representation. Tax disputes require understanding both German tax law and your procedural protections to avoid penalties and criminal charges.
International clients typically need officially translated copies of foreign birth certificates, marriage certificates, divorce decrees, or custody orders. Some documents may require apostille certification or consular authentication, plus proof of foreign legal status.
If AI-generated content spreads false information, violates privacy rights, or damages business interests, legal claims for deletion, corrections, or injunctions may be available against both AI providers and third-party platforms distributing the content.
International child relocation requires careful legal consideration. German courts must approve relocations that significantly affect the other parent’s relationship with the child. The Hague Convention on Child Abduction provides protection against unauthorised removal. Parents considering relocation must demonstrate that the move serves the child’s best interests while maintaining meaningful relationships with both parents.
Yes, this is now possible. Until May 1, 2025, the adopted adult had to take the name of the adopter, so that the adoption was documented “to the outside world.” However, this has changed with the entry into force of the new Name Law in Germany on May 1, 2025.
Following the adoption process, there is now no longer any obligation to change the family name. Adopted adults now have the following options:
- They can object to the name change and keep their previous family name, Section 1767 Para. 3 No. 1 German Civil Code.
- They can form a double name consisting of their old family name and the family name of the adopting person(s), Section 1767 Para. 3 No. 2 German Civil Code. The double name can be written with or without a hyphen and may consist of a maximum of two name components.
- If the adopted adult is married, you need to note: If the birth name changes through adoption, this affects the marital name only if the spouse joins this name change, Section 1767 Para. 4 German Civil Code.
All declarations regarding name choice must be officially certified and submitted to the competent family court before the final adoption.
Yes, in principle, asset transfers are legal and also desirable. Asset transfers can be gifts, the transfer of assets in the event of inheritance also falls under the term or the transfer of assets to a company or foundation. However, the principle of asset protection must be observed here: Asset transfers must be made before a liability event occurs. Otherwise, the creditor can contest the asset transfer. In such a case, criminal proceedings for fraud or similar could be initiated – especially if you can prove intent.
NATO soldiers and SOFA status individuals face unique legal challenges due to their special legal status in Germany:
- Dual jurisdiction issues: Cases may involve both German and U.S. courts.
- Unique residence requirements: SOFA certificates instead of standard permits.
- Deployment considerations: Frequent relocations affecting custody and support.
- International marriage recognition: Ensuring validity in both countries.
Our knowledge of military family law, SOFA agreements, and dual jurisdiction requirements enables us to provide tailored legal solutions that address the complex intersection of German domestic law, international treaties, and military regulations.
While we have physical offices in Cologne, Düsseldorf and Aachen, our digital-first approach means we can effectively represent clients anywhere in Germany. Local presence is arranged when needed for court appearances or official meetings.
Yes, since June 27, 2024, Germany allows 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 recognise dual citizenship or require choosing between nationalities. Understanding both German law and your other nationality’s laws is important for assessing dual citizenship implications.
Even before the actual foreclosure, both the creditor and the debtor should consult a lawyer. A lawyer specializing in foreclosure law will review the outstanding claims from a legal perspective and provide you with strategic advice on every further step. For effective foreclosure, it is crucial that possible measures and legal steps are initiated immediately and correctly.
A breach of an ordered contact arrangement in Germany has significant legal consequences. The orders of the German family courts are legally binding, and both parents are expected to accept the conditions laid down. Intentional violations can lead to criminal charges, possibly even charges of child abduction.
The managing director of a GmbH has a special position and responsibility. For this reason, he is liable following Section 43 GmbHG if he violates his obligations – with his personal assets. As liability towards a GmbH is likely to involve large sums in the event of liability, the managing director can protect himself with so-called D&O insurance (Directors and officers liability insurance).
Yes, inheritance tax can be legally avoided. German law provides some possibilities, particularly the allowances for close relatives. In addition, certain assets are already tax-exempt by law. Therefore, Inheritance tax can be avoided or minimised through skilful asset and estate planning.
Our fees are competitive with those of other major German law firms. We believe international clients should not pay a premium for accessible legal services. We offer transparent fee structures and can provide cost estimates upfront.
In case of acute danger, you should immediately contact the police and apply for temporary protective orders. As a general rule, you should also inform the youth welfare office and, in a further step, seek legal assistance. They will inform you and review further options for you.
The taxation of a GmbH in Germany is subject to various types of tax. Firstly, corporation tax is payable. This is based on the GmbH’s profit and amounts to 15% plus the solidarity surcharge, resulting in a total tax rate of 15.825%. VAT and capital gains tax are also due. The GmbH is also liable for trade tax. As this is a municipal tax, the amount depends on the city or municipality in which the GmbH has its registered office.
Yes, we frequently take over cases from other firms or work alongside German-speaking lawyers as co-counsel. We can review existing documentation, explain what’s happening in your case, and either assume full representation or provide support as needed.
The company name of a GmbH, as with all companies entered in the commercial register, serves the purpose of appearing under a specific name in legal transactions. It is crucial that the chosen company name is individual, does not mislead and contains a clear addition to the legal form (such as “GmbH”).
Usually, a company name comprises a particular fantasy term and/or a memorable combination of letters. The careful selection of a unique and appropriate company name is of significant importance, as this characterises the company’s identity and must comply with legal requirements. A review of the planned company name by a trademark lawyer can ensure that all requirements are met, and potential legal problems are avoided.
Practice Group for M&A
Practice Group for M&A
Contact our Lawyers for M&A
Please use our online form to outline your request to us. After receiving your request, we will make a brief initial assessment based on the facts described and provide you with a cost offer. You can then decide whether you would like to engage our services.
