No one has a crystal ball but our MoFo attorneys around the world have, through conversations with our clients and contacts, gained a picture of the views of smart and successful businesses and professionals about what they expect from Brexit. We have spoken to companies, from the very largest to startups, around the globe. This article sets out this crowd-sourced thinking from a wide variety of thoughtful contacts, and provides a gauge of sentiment and outlook among investors.
Without some sort of residence permit it will be difficult, if not impossible, for an individual to establish a business in which they are self-employed. See the separate article on Residence Permits.
It is strongly advised to consult with experts in the field of residence permits and experts schooled in labor, business and tax laws before becoming self-employed in Germany. Residence permits are usually easily granted for highly specialized professionals, e.
But other qualified professionals can also be granted residence permits. If you want to move to Germany and be self-employed and you meet certain criteria, then you most likely will be automatically issued a residence permit for both you and your family if you can show that your business will have a positive effect on the German economy.
This criteria would usually be related to the type of business, your qualifications and whether or not you may be doing something that could be done by a German national or some other qualified resident.
The local Foreigners Office would most likely ask for certain documentation and then may well check with the local Chamber of Commerce or other organizations to see whether or not your business is specialized enough and economically viable. If your business is deemed acceptable you could be issued a residence permit.
However, there may be limitations as to what you can do and where you can do it. In other words, your permit may restrict you to a certain type of self-employment in a certain geographical area.
This decision is up to the local authorities. There are a few additional steps that must be taken if you are the spouse or family member of an expatriate or otherwise considering working or setting up your own business in Germany.
Once again, the residence permit enters into the equation. If you have a residence permit that restricts your work options, you must somehow have those restrictions lifted.
It would be advisable get legal assistance to see whether or not the restrictions can be lifted or changed to allow you to start a business.
Something else you must be aware of if you are considering setting up your own business or working in Germany is the recognition of foreign qualifications in various professions. The best contact for information in this area is the German Federal government.
Once all the residence permit questions are sorted out, there are a number of steps that have to be taken to establish and register a business.
First of all, a determination must be made as to the exact classification of your work. Rules and regulations may vary depending on what sort of business you plan to engage in. Like the residence permits, this can be complicated.
And, again, it is be advisable to get expert, professional help in finding out just exactly where your profession fits in. Free-professionals Freiberufler are those who have academic training - lawyers, doctors, pharmacists etc. Other professions may be considered to be "trades".
Then there are the "crafts" - such as butchers, barbers, florists etc. And then there are the "freelancers" - writers, artists, performers, independent consultants etc.
Your work classification is important because it may very well have an effect on your tax liability, the various certificates and licenses you may need to acquire and whether or not you may be required to be a member of a professional association or other "chamber".
For example, if you intend to engage in what may be classified as a "trade", you should check with the local Trades Office Gewerbeamt.handlungen unterschiedlicher Größe.
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