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The Experts on Anglo-German Law

CrossChannelLawyers.co.uk, its German language counterpart Cross-Channel-Lawyers.de, and InternationalProbateLaw.com are law blogs (blawgs) dealing with Anglo-German legal issues. A network of international lawyers who are experienced in cross border legal problems and who give practical and reliable advice. The law blogs are run by the lawyers of Graf & Partners, a firm of German lawyers (Rechtsanwälte) with many years of professional experience in cross border legal proceedings, who provide legal advice in a comprehensive, understandable and user-oriented manner. Our experienced team of German litigation lawyers provides forensic services all across Germany and runs the expert litigation law blog German Civil Procedure. Graf & Partners, with its international expertise, is well equipped to advise and represent clients from the USA, the United Kingdom and other English speaking countries. Visit us also on YouTube.

+49 (0) 941 – 463 70 70
mail@grafpartner.com
German ProbateGerman Succession & Inheritance Law

When a deceased UK Citizen owned Assets in Germany

How to get access to an Estate under German Inheritance Law When a UK citizen dies while having possessions in Germany (bank accounts, deposits, shares, insurance claims or property), one must first determine whether the estate is governed by German hereditary law and thus falls into the competence of German probate courts: Basically, both from a UK and a German legal perspective this depends on where the deceased was domiciled, i.e. the place where a…
Bernhard Schmeilzl
May 7, 2013
Civil actionDebt collectionGoing to court

How to register and enforce UK judgments in Germany

Update November 2018: Please note that Brexit will bring significant and currently unforseeable changes in this field The below text explains the legal situation pre-Brexit: If a German debtor refuses to pay the first issue to clarify is whether you must sue him in Germany  or whether you can sue in the UK. In other words: It must be resolved which country’s courts have jurisdiction and which law shall apply. The parties may have agreed…
Bernhard Schmeilzl
April 16, 2013
Criminal Law

Arrested in Germany? Accused of a Crime?

German Criminal Proceedings In case you run into trouble with German police or customs authorities the basic rule is - as everywhere - do not speak to them without getting proper legal counsel first. Much less sign anything they put in front of you. Police will put any statement you make into an official interrogation protocol. And, quite often, the wording of such protocol is given a spin that is helping the authorities make their…
Bernhard Schmeilzl
April 15, 2013
German ProbateGerman Succession & Inheritance Law

Disinherit your no-good children? Not so easy in Germany

Close relatives are always entitled to a portion of the estate. Period! Really? According to German inheritance law, close relatives have a right to claim a portion of the estate, even if the testator did not want to leave them anything and has consequently disinherited them. This so called "Pflichtteil" is mostly translated with "statutory share", "forced share" or "compulsory share". However, it is difficult to find the correct English word, because this concept does…
Bernhard Schmeilzl
March 22, 2013
Civil actionDebt collectionGerman LawGoing to court

Making a Court Claim for Money in Germany: It’s actually quite easy

Debt Collection in Germany: A practical Guide to Civil Court Procedures So a German person or company owes you money but won't pay. And you find that German courts have jurisdiction. Well, that may be unfortunate but it is no reason at all to abandon your claim. In fact, to sue for and collect a debt in Germany is easier and cheaper than you might expect, especially if you are from Britain or the United…
Bernhard Schmeilzl
March 10, 2013
Business in GermanyStarting BusinessStarting or Expanding BusinessTrustee & Escrow Services

Fiduciary, Trustee and Escrow Services in Germany

To start or expand a business in Germany an existing enterprise can: (i) either trade directly from the UK; (ii) use a German partner as agent or distributor; (iii) set up a branch office in Germany or (iv) establish a separate legal entity for the German activities, which makes good sense when one wants to separate the risks of the specific German business. The best choice for option (iv) will in most cases be a…
Bernhard Schmeilzl
February 22, 2013
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
Austrian Inheritance LawAustrian ProbateEuropean ProbateGerman LawGerman ProbateGerman Succession & Inheritance Law

Basics of German Inheritance Law (German Probate)

German Succession Rules and Probate Proceedings explained German inheritance law as well as German probate rules differ very much both from UK law as well as USA probate. Under German statutory law, there are many formal requirements which must be followed. A good source for initial informationis about the law of succession in Germany (or any other European country for that matter) is the official EU website "Successions in Europe". It answers a few basic questions…
Bernhard Schmeilzl
October 10, 2012
Business in GermanyGerman Corporate LawGerman LawStarting Business

What is a GmbH? The German Limited Liability Company explained

Checklist for your Startup in Germany "Gesellschaft mit beschränkter Haftung" (in short: GmbH) means Limited Liability Company. It is the most popular company form in Germany and protects - as long as the legal rules are being obeyed - its shareholders from any personal liability. For an overview of German company forms see here. However, in contrast to most other EU member states, there is still a hefty minimum capital requirement of 25,000 Euro, half…
Bernhard Schmeilzl
October 4, 2012
Starting or Expanding Business

Starting a Business in Britain: 10 practical Tips

10 HOT TIPS FOR STARTING A BUSINESS IN LONDON Starting any new business, or expanding an existing business to a new location, is always a daunting prospect.  To start a business in a foreign country, even one that you might be familiar with, makes the prospect even more challenging.  At the same time, starting a new business in a world class, cosmopolitan city like London can in many ways be a very exciting prospect indeed…
Bernhard Schmeilzl
July 9, 2012
GeneralGerman LawOutside the Law

Economic Data Germany

Stats & Figures for Germany In case you plan to expand your business into Germany, it may be a good idea to get familiar with some stats and figures. The German Federal Statistical Office (DESTATIS), based in Wiesbaden, is constantly publishing data and projections regarding German economy in general as well as regarding various economic sectors. Furthermore, you can find all kinds of statistics regarding environment, society, social security and state. Most services are also…
Bernhard Schmeilzl
June 23, 2012
Outside the Law

An Expat on Germans

Being German means drinking beer from huge steins, driving 120 mph on the Autobahn and wearing stupid looking hats. Right? If you want the truth about Germans, this is the list "What I know about Germans" by the great Australian blogger Olivia Hambrett. She explains it all: from Sauerkraut to naked sauna. For more Anglo expat knowledge on Germany see here and our post "Corresponding with Germans: How not to come across as being rude" Or…
Bernhard Schmeilzl
June 20, 2012
Business in GermanyGerman Corporate LawGerman LawProfessional Regulations

What is a German “Civil Law Notary”?

And what are their Fees? When you engage in business in Germany you will sooner or later encounter a so called "Notar". These civil law notaries are neither judges nor attorneys, but something in between. German law (for example in Sec. 311.b.(1) Civil Code) requires the intervention of a notary in cases of important transactions with long-term effects and a particular economic or personal significance for the parties concerned, e.g. real property transactions, establishment of…
Bernhard Schmeilzl
June 16, 2012
Business in GermanyGerman Corporate LawGerman Labor Law

Guide for doing Business in Germany

Practical tips and helpful websites The following websites and brochures may prove helpful if you plan to do business in Germany or with German commercial partners: .Germany Trade and Invest (www.gtai.de) is the foreign trade and inward investment agency of the Federal Republic of Germany. Its mission is to promote Germany as top location for industrial and technological investments and to identify investors for the German market. The organization advises and supports foreign companies seeking…
Bernhard Schmeilzl
June 15, 2012
German Law

German Lawyers in London

Anglo-German Law Firm Graf Legal The German law firm Graf & Partners and its litigation department GP Chambers, established in 2003, has years of experience in counseling British clients in regard to German and European legal issues, particularly in the areas of corporate and labour law, international probate issues, preparation of Beritish-German Wills, drafting of agreements or in litigation and arbitration. Several of the firm’s attorneys have studied and/or worked in the USA, UK and…
Bernhard Schmeilzl
June 14, 2012
German Corporate LawGerman Law

Company Forms in Germany: An Overview

Which legal entity is best for your German business? Foreign companies may, of course, do business in Germany. Company forms from another EU country may even have their seat in another European country. Thus, legally, there is no strict necessity to establish a national company under German rules. However, there are many good reasons to found an “original” national company, when someone wants to engage in business activities within Germany. If only because customers and…
Bernhard Schmeilzl
June 12, 2012
Outside the Law

British Community in Germany

Graf Legal: The Experts in Anglo-German legal issues If you have just moved to Germany, if you come here on a business trip or if you want to ask a fellow countryman about his experiences here, the website www.toytowngermany.de might interest you, the English-language community website for Germany with over 50,000 active members. If you want to know what's currently in the news in Germany you can visit www.thelocal.de - Germany's News in English. Surprise…
Bernhard Schmeilzl
June 11, 2012
German Labor LawGerman Law

German Labour Law: The Basics of Employee Protection against Dismissal

Here is a general overview on German law on employee protection against dismissal. Entrepreneurs please mind: this legislation wasn’t our idea, we are just trying to explain it! 1. General protection against dismissal ("Kündigungsschutz") While the special protection against dismissal deals with the restrictions to dismissal from which only specific employees benefit (e.g. members of a works council, pregnant women), the general protection against dismissal applies to all employees who fall under the scope of…
Bernhard Schmeilzl
June 11, 2012