We are your expert attorneys for IP and corporate law
Our attorneys in Frankfurt specialize in trademark law, competition law, design protection, copyright law, corporate law, corporate restructuring and employment law for local and international clients, foreign law firms, IP professionals, banks, developers of financial products, companies and foreign investors looking for business opportunities in Germany.
Our lawyers in Germany provide clients not only with legal services in the relations with third parties, public authorities and before any Court, but also a continuous update on legislative changes in order to coordinate your business, stay informed in optimum time about the most recent legislative news and changes. Confidentiality and discretion represent key-elements for our performance, followed by special respect in the relations with our clients in Germany.
What our lawyers in Germany can do for you
If you need the advise of a lawyer in Germany we can provide tailored legal services to the needs of local and international companies that are looking for legal services in all of the main German cities.
Our legal services include the following:
- Dispute resolution: our core service is dispute resolution through court litigation or alternative methods such as arbitration or mediation.
- Intellectual property: advise our clients to understand the principles of intellectual property protection and providing assistance to protect IP such as trademarks, patents, designs and enforce these trademarks, patents, utility models, designs or copyright in case of infringement.
- Corporate: we help investors open companies in Germany, whether the incorporation involves setting up a locally registered company or expanding an already existing business.
- Banking and finance: tailored legal services for banks, insurance companies, and businesses involved in the financial sector, with a focus on banking laws and financial regulations.
- Tax: complete legal assistance in taxation matters; legal counseling on the Income Tax Act, the Corporate Tax Act, and other laws and in connection with our partners tax declaration and accounting services.
- Competition and antitrust: we assist clients looking to resolve issues related to the Competition Law as well as merger and control.
- Employment: legal counseling on the duties and responsibilities of the employer in Germany and the rights of the employees as per the German law.
We offer solutions tailored to the needs of our clients. Our team has a vast knowledge of the legal and regulatory regime and can provide adequate insight into the manner in certain business and commercial disputes can be handled.
Our team of lawyers in Germany serves clients from a wide array of business sectors, among which financial services, real estate, retail and consumer, transport, import and export, technology, media, and communications. Companies in each of these business fields are subject to the German company law, as well as other laws, which are specific to the business field in question. Our team provides services that take into account the combined legal requirements, according to the type of company and the sector in which it operates.
Trademark registrations and more
For trademarks we conduct trademark searches and trademark registrations, monitor trademarks and manage trademark portfolios. Our attorneys at law in Frankfurt am Main will accompany you in your trademark strategy up to the execution of opposition proceedings against trademarks, warnings in case of trademark infringements, legal proceedings in case of trademark infringements.
To protect your product designs, we advise you on design patent and design applications as well as the enforcement of rights against plagiarism.
Company registrations and advisory services
The lawyers specialising in commercial and corporate law of our law firm are your experienced partner for company registrations in Germany. Regardless of whether you are a limited liability company or a partnership, we advise and support you closely with tax advisors, competently and reliably when it comes to German and international corporate law. For your business we can also draft and review terms and conditions for all industries, especially for online shops and advise on implementation and integration.
In Germany the incorporation of a legal entity consists of several steps and, when working with our law firm, the procedure should last approximately two weeks. We will guide and assist you in checking the name of company at the local chamber of industry and commerce, when notarizing the articles of association and memorandum of association, for opening a bank account and then registering the files the articles of association with the local commercial register and sending a notification to the local office of business and standards. Once the company is established, we will help you register it with the professional association of the relevant trade, as well as register at the local labor office, registering the employees for health and social insurance and finally sending the relevant documentation to the Tax Office.
An important decision when opening a company in Germany is selecting the type of business entity. Our lawyer in Germany is here to help you make that choice, based on the available capital, the size of the future business and the business sector in which you wish to enter. The list below highlights the characteristics of five of the most popular types of companies in Germany:
- The limited liability company: the GmbH is suitable for small or medium businesses and has a capital of 25,000 EUR. A mini-GmbH can also be incorporated and for this business for,m the capital will be 1 EUR.
- The joint-stock company: this is suitable to large companies and has a minimum share capital of 50,000 EUR.
- The partnership: the general commercial partnership and the limited commercial partnership are business forms that offer general and/or limited liability to the partners.
- The branch: this is the registration of a foreign parent company (not a separate legal entity) and it can be either a dependent or an independent one.
- The sole trader: the simplest business form and the one with the highest degree of liability, suited for one-man businesses.
By working with our law firm in Germany you will benefit from expert assistance and representation in different proceedings such as company mergers. Our legal services in Germany target a comprehensive approach and diligence, aiming to solve any fiscal issue involved in the merger or division procedures.
Frequently Asked Questions Company Formation
a) No presence required for notarization
It is not required that the shareholder(s) or the managing director(s) are present in Germany for the company formation. We would use notarized powers of attorney for the shareholders then. This PoA can be signed by the shareholders before a notary public abroad. Furthermore, the appointed managing director must sign a declaration. This declaration can also be signed before a notary public abroad.
b) Registered office requirements
The company will need a registered office in Germany. Usually, a virtual office is not sufficient for tax purposes. We can refer you to a provider like www.regus.com. Costs start from 200 EUR per month.
c) Bank account
A new bank account must be opened for the company. This can be made after the notarization of the company formation. Generally, it is required that the managing director personally opens the bank account. The exact procedure depends on the bank at which the business bank account is opened. We have also a contact to a bank which opens the bank account completely remotely.
d) Share capital
The share capital must be deposited in the newly opened companies bank account. Afterwards the application to register the company in the company register can be filed.
e) Residence permit, Visa
A residence permit or address is neither required for the shareholder nor the managing director. If you have questions regarding residence or work permits, please contact the German embassy in your country. We do not advise regarding immigration.
f) Time frame and further process
After we have received your instructions, we will contact you and prepare the formation documents. Depending on how fast the (notarized) documents (PoA from shareholders, managing director’s declaration) are sent back to us we can conduct the company formation within a few business days. Afterwards it may take between two and four weeks to get it registered.
g) Managing Director / Shareholders
At least one managing director and one shareholder must be appointed. Managing director and shareholder can be the same person. Their nationality or residential status is not relevant.
h) VAT, EORI, accounting and tax services
After the initial registration we can help to find an appropriate provider for administrative and accounting services upon request. For example, we have a partner firm who can register the company for general tax and VAT purposes, file tax declarations, manage account and annual financial statements. Costs depend on turnover, monthly transactions and required services like payroll etc.. As an example here are the fees for a small company
