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Doing business in Germany.

The pillar guide for foreign companies and investors entering the German market — from FDI screening and choice of entity to employment, data protection and distribution. The guide is being built and will grow continuously; the chapters below show what is coming.

§ I — Planned chapters

What this guide will cover.

  • FDI screening (AWG/AWV) — when the Federal Ministry (BMWK) reviews an acquisition, voting thresholds of 10/20/25 % by sector, timelines and filing strategy.
  • Setting up: GmbH or branch — notarial deed, EUR 25,000 minimum share capital, the UG alternative, commercial-register (HRB) filing, managing-director duties.
  • Acquiring a German target — share deal vs asset deal, due diligence on Mittelstand companies, W&I, closing mechanics before the notary.
  • Employment & posting of workers — hiring in Germany, works councils, posting under the AEntG, minimum wage.
  • GDPR compliance — legal bases under Art. 6/9, liability under Art. 82, fines under Art. 83, supervisory authorities per federal state.
  • Distribution & commercial agents — agent indemnity under sec. 89b HGB, distributor networks, e-commerce terms.

Chapters go live step by step as they pass our editorial and legal review.

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BRANDT & FALK Rechtsanwälte is a German business-law firm with offices in Munich and Berlin. The content of this website is general information about our fields of work and does not constitute legal advice. An attorney–client relationship is established only by a separate engagement agreement. Unless stated otherwise, all fees are quoted plus statutory VAT. Our lawyers are admitted to the bar in Germany; advice on foreign law is provided by independent local partner firms.