Legal transactions with Australia

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‘Down Under’—much more than just kangaroos and didgeridoos There is significant trading and commercial activity between Germany and Australia covering a wide range of industries. In fact, Australia’s most important European trading partner in Europe after the United Kingdom is Germany, which is also currently Australia’s tenth-largest merchandise trading partner worldwide. Australia may be on the ‘other […]

Legal transactions with the USA

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In the ‘land of opportunity’, own rules apply The USA is, after France, Germany’s second most important trading partner for exports. Conversely, Germany (ahead of Great Britain) is the USA’s most important trading partner in Europe. This alone illus-trates the importance of legal transactions between German and US-American businesses. 1. What does this mean? The […]

International sales and distribution

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The World is my Stage The establishment or expansion of an international sales and distribution net-work requires detailed planning, the preparation of a business plan and a well thoughtout strategy (short to long term) before the implementation work can begin. Legal advice and support is a necessary part of this whole process. 1. What does this mean? […]

Sales financing

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The turbo charger for your sales Sales financing is the financing of the sale of a product through the provision of credit. There are a number of ways in which you can support and expand your sales through the use of financial instruments. In doing so, however, there are a number of legal requirements/restrictions to […]

Antitrust pitfalls for your business

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How competitors can cooperate with one another – and how they can’t Engaging in restrictive competitive practices (or unfair trade practices) can come at a high cost to you and your enterprise. Caution in this area is therefore recommended. 1. What does this mean? Agreements between or concerted practices by enterprises, which have as their […]

Anti-competitive conduct warning—A fight with no holds barred

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The anti-competitive conduct warning Competitors fight among them-selves with no holds barred. lt should be kept in mind that the legal framework surrounding the ‘battle for customers’ is full of potential pitfalls. Those who are familiar with these pitfalls have a clear advantage. 1. What does this mean? What does this mean? lt has not […]

‘Divorce hurts’ in distribution law

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The compensatory claim for loss of clientele of the commercial agent, authorized dealer and franchisee The termination of contractual relations with a commercial agent, authorized distributor or franchisee can be expensive. 1. What does this mean? Commercial agents, authorized distributors and franchisees are independent of your organization. This should mean that the contractual relationship can be […]

The legal framework of distribution

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How your product reaches your customer The relevant legal requirements and considerations differ depending on the exact structure of your distribution set-up. 1. What does this mean? If you distribute your product or services directly through your company, compliance with competition law and data protection provisions is very important. In addition, general contract law plays […]

The legal framework for outsourcing

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Do it yourself, or have it done for you? In the course of carrying on your business you will often be faced with the question: “Do it yourself, or have it done for you?” When you ‘do it yourself’, you keep things within your organization and under your direct control. There are consequences of direct […]

What you need to know, when your business is insolvent

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When there’ s nothing left to save What you need to know, when your business is insolvent The insolvency of your business is not only a crisis situation, but might weil also represent the possible loss of your ‘life’s work’. You may be tempted to save what can no longer be saved, to delay the […]

Your business as a commodity—The purchase and sale of enterprises

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The sale/ purchase of a business follow, in principle, the same rules as the sale/ purchase of a box of fruit. Of course, a business is not a simple box of fruit, rather a highly complex construct made up of a wide range of tangible and intangible assets, rights and claims, people, legal relationships, opportunities […]

Commercial risks and the entrepreneur—Entrepreneurial liability (and how this can be limited)

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Your entrepreneurial undertaking offers significant opportunities — of success,  money, selfrealization, the creation of workplaces, etc. However, you are also personally subject to significant risks. To the extent that this is possible, these risks should be excluded or at least limited. 1. What does this mean? An entrepreneur is personally liable for the liabilities of the business, […]

A bouquet of roses – or war of the roses? (Separation and divorce)

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Separation and divorce can have serious consequences for your business, and can even threaten its very existence. 1 . What does this mean? The two most obvious problem situations upfront: If you and your spouse/ civil partner are both shareholders and/ or directors of a company, problems in your private life will almost inevitably spread […]

Succession planning for your business

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The 1 st generation establishes the business, the 2nd generation expands it, and the 3rd generation ruins it Succession planning for your business is one of the most important entrepreneurial decisions you need to make. In planning for your succession, you are laying the foundations for the future continuation of your ‘life’s work’. 1. What […]

Enterprise—selecting the right legal form

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When selecting the legal form for your enterprise, you are determining the future direction of both your business and yourself as entrepreneur. This decision should be weil thought through and re­viewed on a regular basis. 1. What does this mean? There are several alterna­tives from which to choose the legal form of your business. Under […]

Shareholder disputes and their risks

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Shareholder disputes and their risks–The most unnecessary way to ruin your business. Financially, shareholders are connected even more closely than spouses. In the event of a dispute, this can have serious consequences. 1. What does this mean? The following are common shareholder scenarios: Case 1 : Several shareholders have equal rights and shares in a […]

Persönliche Haftung des GmbH-Geschäftsführers – die Kehrseite der Macht

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Als Geschäftsführer einer GmbH hängt über Ihnen das Damoklesschwert der persönlichen Haftung. Was heißt das? Als GmbH-Geschäftsführer haben Sie die Sorgfaltspflichten eines ‘ordentlichen Geschäftsmannes’ zu be­achten. Dieser Sorgfaltsmaßstab berücksichtigt, dass Sie bei Ihren unternehmerischen Entscheidungen bisweilen falsch liegen können. Hier wird Ihnen ein weiter Beur­teilungs- und Ermessens­spielraum zugebilligt. Ihre Entscheidungen müssen aber auf der Grundlage […]

Your potential liability—The reverse side of power (part II)

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Your potential liability as a member of a supervisory board (Aufsichtsrat/ Beirat) and how this can be avoided. lt you are a member of an Aufsichtsrat (compulsory supervisory board of an AG / GmbH with more than 500 employees) or a Beirat (optional supervisory board of a smaller GmbH), you may be per­sonally liable for […]

 
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