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Civil actionContract TemplatesDebt collectionGerman LawGoing to courtLitigation in Germany

Your German Debtor asks for Relief from Payment?

Then you should use this opportunity to obtain a so called "abstraktes Schuldanerkenntnis" (an autonomous acknowledgement of debt) from your German debtor. This is sometimes also called "selbstständiges Schuldanerkenntnis" or "Schuldversprechen". In other words: You agree to grant the debtor a moratorium (or a deferred payment) of a few weeks or months, but only under the condition that the debtor signs a Schuldanerkenntnis (a formal "I owe you"). Such a written debt acknowledgment according to…
Bernhard Schmeilzl
January 24, 2018
Business in GermanyContract TemplatesConveyancing GermanyGerman Corporate LawGerman LawM&A GermanyProperty in GermanyStarting or Expanding Business

Careful with M&A Asset Deals in Germany

Pitfalls of German Contract Law (Part 3):  Many Asset Deal Purchase Agreements must be in Notarial Form to be Valid in Germany German Law requires certain transactions to be recorded before a Civil Law Notary in order for these agreements to be valid and enforceable. The list ranges from pre-nuptial and marriage agreements, to any real estate related transaction, to the formation of German companies and stock corporations. One aspect is, however, sometimes overlooked even…
Bernhard Schmeilzl
September 29, 2017
Business in GermanyContract TemplatesGerman Labor Law

Model Employment Contract (German Law, English Language)

In this article here we have explained the basic principles of German labour law, in particular the protection of employees against dismissal. To give you an idea what a typical German employment agreement looks like we have posted a model Employee Agreement here: Model_Employment_Contract_Germany_english_2013 The contract is based on German labour law, but drafted in English language. To use an English contract is of course only acceptable if the employee is fluent in English otherwise he/she…
Bernhard Schmeilzl
February 19, 2013
Business in GermanyBusiness Tax & Fiscal ObligationsContract TemplatesGerman Corporate LawGerman Labor LawStarting BusinessStarting or Expanding Business

Checklist: Formation of a German Company. And then what?

Setting up a German Limited Liability Company and everything that comes with it The most popular company form in Germany is the "Gesellschaft mit beschränkter Haftung" which translates "company with limited liability". We explain the formation process here (see PDF guideline) and provide a sample set of documents (articles of association, statutes etc.) here. If you have decided to set up a German subsidiary or register a branch office of your existing company in Germany,…
Bernhard Schmeilzl
October 17, 2012