The 7th edition of the German-Dutch Trade Day will be held in Mönchengladbach on 9 November 2016. Boels Zanders Attorneys’ German Desk will once again be in attendance. We invite you to visit our booth, where our team can answer your questions regarding legal and cultural problems in Germany.
In the meantime, here are ten tips to help you avoid legal issues in Germany:
Tip 1: Cultural differences: in addition to knowing the German language, make sure you know the cultural and business practices. Hierarchy is more important in Germany than in the Netherlands.
Tip 2: Choice of law: carefully consider which law you wish to specify in your terms and conditions. Dutch law is not always the best choice.
Tip 3: Disputes: dispute resolution can be time-consuming and expensive. When drafting your terms and conditions, make a cost-benefit analysis to determine which court or arbitration institute to submit your disputes.
Tip 4: Terms and conditions: state your terms and conditions in the earliest possible stage of the business relationship and send the other party a copy. This can prevent unexpected problems at a later stage.
Tip 5: Representation: are you ready for the next step? Rules regarding agency and distribution can differ considerably. When making your decision, take your company and type of service into account.
Tip 6: Foreign branch: it can be advantageous to start a German sister company or subsidiary, both culturally and legally. We can provide advice on establishing a GmbH or AG.
Tip 7: Personnel: do you already have a German branch and want to hire people? We can advise you regarding the differences in German employment law.
Tip 8: Liability: we can advise you on the German product requirements and liability rules. This can prevent unpleasant surprises.
Tip 9: Real estate: it is not always easy to purchase real estate in a foreign country. We are happy to advise you in this regard.
Tip 10: Impecunious counterparty: adapt your accounts receivable and after sales system to the German system.
We look forward to seeing you in Mönchengladbach on 9 November 2016!