Germany

• Sector-specific screening
  This covers acquisition transactions whereby a non-EU person directly or indirectly acquires control of at least 25% of the voting rights in a domestic company. If the domestic company belongs to a particularly security-relevant sector, the threshold is 10 percent of the voting rights. Acquisitions that are subject to the sector-specific review must be reported to and approved by the BMWi. They are ineffective until they are cleared, and fines may also be imposed on the parties involved if not approved first.
• Cross-sectoral screening, in accordance with public order or public security in sensitive areas
  This covers all acquisition transactions by which a foreigner (also from other EU member states) directly or indirectly acquires control over at least 10% of the voting rights in a domestic enterprise that manufactures the goods legally established in Germany; predominantly this applies to certain military equipment.
• Screening of critical infrastructures in the broader sense
  There is a notification obligation for the acquisition of critical infrastructures in the broader sense. Accordingly, the BMWi must be notified in writing of the conclusion of a contract under the law of obligations on the acquisition of a shareholding of 10% or more or the assets of a domestic enterprise that is active in certain legally established areas.

• Limited liability company (GmbH):
  It is the most popular form of business in Germany. It is possible for a GmbH to be incorporated by a single individual (1-person GmbH), however, there must be a share capital of at least EUR25,000.
• Public limited company (AG):
  Compared to a GmbH, a public limited company can raise capital more quickly (e.g. through an initial public offering or short-term capital increase). A share capital of EUR50,000 must be introduced, which increases trust towards business partners.

• Grants for investment (Incentive Regulation Programme)
• Grants for research and development (R&D) for various research categories (basic, industrial research, experimental development Environmental Innovation Programme)
• Grants for the recruitment of personnel (focusing on recruitment subsidies, training subsidies, wage subsidies and training on the job)
• Public loans: offered by various Public Development Banks at both Federal (KfW Bankengruppe) and State level, European Investment Bank (EIB)
• Public guarantees: Guarantees up to the amount of EUR1.25 million are issued by the guarantee banks of the States, above EUR1.25 million by the States or their state development institutions. From a guarantee volume of EUR10 million, Federal-State guarantees are possible in the eastern States.

• Freihafen (Freeport) Bremerhaven
• Freihafen von Cuxhaven
• Freihafen von Deggendorf
• Freihafen Duisburg
• Speicherstadt, Hamburg

• Visa
  • Business trips max. three months: Schengen visa
    It is an important instrument of business and company-related mobility and suitable for a self-employed person working abroad who wants to enter Germany.
  • Stays of more than 180 days: national visa
    Before entering Germany, a visa must be applied for at the competent German mission abroad (embassy or consulate).

The following residence titles can be considered for the purpose of gainful employment:

• Residence permit:
  This is issued for a limited period of time for a specific purpose: education, employment, family, humanitarian, political reasons. The granting of a residence permit requires that the foreigner’s livelihood in Germany is secured, that the stay for another reason does not impair or endanger the interests of the Federal Republic.
  Companies and skilled workers from third countries have the possibility to shorten the entry procedure.
• Settlement permit
  This is an unlimited residence title. The basic prerequisites are that a person has held a residence permit for five years, can secure his/her livelihood and has sufficient knowledge of German. The settlement permit can be granted to a self-employed foreigner with a residence permit. The settlement permit can be granted after only 3 years. The requirements for this are the successful realisation of a business activity and a sustainable livelihood.
• Permit for permanent residence – EU:
  This is an unlimited residence title which foreigners from third countries receive after five years of legal residence in a member state of the European Union. This title includes the right to move on to another Member State and, like the settlement permit, offers third-country nationals extensive equality with German nationals, e.g. access to the labour market and social benefits.
• ICT Card
  This is a temporary residence permit and enables employees of a company based outside the European Union to work internally for the same company in an EU country. The ICT card is issued in Germany to managers and specialists for the duration of the transfer or for a maximum of three years.

• at the global level (e.g. Energy Charter Treaty, ECT and Multilateral Investment Guarantee Agency, MIGA),
• at the EU level (e.g. Anti-dumping and Anti-Trust measures),
• national (e.g. antitrust law)
• bilateral (e.g. investment protection agreements with more than 130 countries).