Business Law, Horak Attorneys at Law, Hannover/ Munich
We provide legal consultation in the full range of national and International Business Law. Our team of attorneys possesses the required methodological and business-specific knowledges fundamental for developing a successful strategy for your legal matters. We are actively involved in advisory, constitutive and official proceedings with all strategic and tactical considerations. And we offer even more! We only have one goal: your success. Do you have projects or ideas or would like to be a reliable partner for the realization of it? Contact us and tell us about your doubts and your questions, your attorney will be there for you and will support you all the way to your success. Your goal is our goal.
Consultation & representation on legal economic matters
Any consultation on business matters begins with the exact elaboration of the relevant economic situation, including the definition of the goal. During the resolution of the business law matters, particular individual premises can be formed. These can generally be a good cost / benefit analysis or up to case related individual aspects.
National and International Business Law
National and international business law is part of our core competences. Therefore, we are not only active in the typical economic areas, but we also offer comprehensive advice and representation on economic and business matters. We advise business start-ups and at all stages of their business decisions, company purchase/ company sales as well as alternative transitional forms, create all kinds of economic contracts and terms, and deal with economic matters. We are here to consult and support you in the following legal areas:
- Labor Law
- Pharmaceutical Law
- State Aid Law
- Data Protection Law
- Design Law
- Energy business Law
- Corporate Law
- Commercial Law
- Antitrust Law
- Foodstuff Law
- Trademark Law
- Patent Law
- Telecommunication Law
- Copyright Law
- Procurement Law
- Contractual Law
- Insurance Law
- Competition Law
Foreign Trade Legislation
Foreign trades such as goods, services, capital, payment and other economic intercourse with foreign countries, as well as trade with foreign valuables and gold between national territories, are generally free.
However, also foreign trades are subject to certain restrictions that are a result from the European Legislation and from the Foreign Trade and Payment Act (AWG- Außenwirtschaftsgesetzt) and the Foreign Trade and Payment Ordinance (AWV- Außenwirtschaftsverordnung).
Import of goods
Import restrictions are a result of the European Communities legislations. They are supplemented by Chapter 3 of the Foreign Trade and Payment Ordinance. The import list, previously an annex to the Foreign Trade Law, which provided an overview of goods for which import restrictions or specific procedural or reporting requirements are to be observed, was abolished by the Modernization of Foreign Trade Law on 1 September 2013 (Modernisierung des Außenwirtschaftsrechts).
The import list, unlike the export list, did not provide original national list items, but consisted only of licensing requirements and other restrictions from EU regulations as well as procedural rules from other international standards (Import Control Report). These European restrictions can be found in the relevant EU regulations as well as in the Common Customs Tariff.
Export of goods
The export list, an annex to the Foreign Trade Regulation, contains the products subject to export authorization. The Export List (AL) was also revised in the course of the amendment of the Foreign Trade and Payment Ordinance (AWV). It only lists military commodities (Part I, Section A of the AL) and national list positions of dual-use goods (Part I, Section B of the AL).
With regard to so-called dual-use goods, ie goods which can be used for both civil and military functions, such as machine tools, the Federal Government has always pursued a restrictive export control policy on the basis of a cross-party political basic consensus. It is aimed at the non-proliferation of weapons of mass destruction and at a non-accumulation of conventional armaments in conflict areas. Exports requiring approval to certain countries, in particular embargo countries and states with proliferation programs are therefore very critically examined and, in some cases, decisions will be taken only after consultation with the Federal Ministry of Economics and the Federal Foreign Office of the Federal Office of Economics and Export Control. It is decisive to take into consideration the foreign, security and human rights policies. The EC Dual-Use Regulation (Regulation (EC) No 428/2009 of 5 May 2009) is the legal basis for the control of the export, transfer, mediation and transit of dual-use goods. This is supplemented by the national regulations of the Foreign Trade and Foreign Trade Regulations.
Export control of the surveillance technology
The Federal Ministry of Economics and Energy (BMWi) strictly controls the export of surveillance technology. This includes, among other things, the technology used to monitor computers, monitor the Internet, or listen to telephone conversations.
The EU is responsible for the binding regulations for the export of dual-use goods and thus also for those of surveillance technology. The latest international decisions on new controls are going to enter into force in the EU.
Embargoes are also part of the Foreign Trade Act. These are restrictions on foreign trade that are ordered for foreign or security policy reasons; embargoes are usually the implementation of international economic and financial initiatives (for instance UN Security Council resolutions or European Union resolutions), such as individual countries or persons.
The European Union is primarily responsible for the adoption of the corresponding legal regulations. Weapons embargoes are implemented nationally through legal acts of the Member States. Moreover, national foreign trade law essentially regulates procedural questions, regulations on criminality and administrative offenses.
The Federal Office for Economic Affairs and Export Control administers embargoes as far as they relate to goods, technical assistance and economic resources. The Central Bank of Germany is responsible for the administrative implementation of funds, financial resources and financial assistance.
Germany is an open economy; foreign investments are possible and welcome in all areas. In order to avoid possible safety hazards, the Federal Ministry of Economy and Energy (BMWi) can however examine individual cases of acquisition of domestic companies by foreign buyers.
In order to examine whether the actual acquisition jeopardizes the public order or security of the Federal Republic of Germany, so-called sector-specific or cross-sectoral investment reviews are conducted.
We would be glad to advice and consult you in foreign trade law and investment law, import, export, export authorizations, as well as European and customs legal matters.
International Business law
In International Business Law, we are comprehensively active both for foreign investors in Germany and vice versa for German investors who carry out business start-ups, acquisitions or, for example, investments abroad. Furthermore, many of the national and European legal areas also affect international economic law. This also applies to international property rights, such as trademarks, patents, varieties or copyrights, as well as special legal areas with an international orientation. International Commercial Law also includes international contracts and their examination / creation, international corporates structure and international taxation law.
Our attorneys can deal with the following economic issues:
- Business Legal Strategies,
- National and International Trade Law,
- National and International Corporate Law
- Business Legal Compliance
- Business Legal Disputes
- Legal framework for the constitution and distribution of goods and services
- General Business Law
- International Business Law