Germany is the heart of Europe. In order to service this and the rest of the continental European market, a North American company must have a corporate presence here. We have set up businesses for North American clients in this market for more than 25 years and know the “dos and don’ts“. We have a network of accountants and notaries to draw upon and can facilitate communications for clients at all levels of government.
Our services in connection with corporate start ups include ensuring availability of corporate names, advising in connection with minimum capitalization requirements, where to set up the registered office and whether to purchase a company “off the shelf“ or to incorporate through notarized deed. We can advise you in connection with commercial register requirements, form requirements for shareholder resolutions, local management issues, including managing director liability, and relevant provisions of German labor law in connection with starting up your business in Germany.
We can also assist you in reviewing your current contracts in connection with your business plans in Germany as well as to advise you regarding the appropriate choice of law and the legal consequences of doing so, with a focus on enforcement issues. One of our strengths is effective contractual negotiation. We have considerable experience in drafting sales agency, distribution and other sales contracts, including terms and conditions (known as AGB’s in Germany).
We also have considerable experience in advising on and carrying through mergers and acquisitions of shares or assets of small to mid-cap companies not only in and around Munich but also in other German corporate centers such as Berlin, Hamburg, Frankfurt and Dresden.
All contracts are prepared in bilingual form and all relevant differences between common law and German civil law are explained so that our clients can have certainty about their investment in Germany and their legal obligations in Germany and their home jurisdiction.