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Partners - Germany

Updated 11/2010

Legal requirements

Different laws may be applicable to collaborations with business partners, such as:

  • Stock Corporation ActDeutsch
  • Limited Companies ActDeutsch
  • Commercial CodeDeutsch
  • Industrial Code (Gewerbeordnung)Deutsch
  • Cooperatives ActDeutsch

Types of collaboration

Franchise, franchising or franchise system

Franchising is a distribution system in which a franchisor (a business at the head of a network) grants legally autonomous franchisees the right to trade products or services using the system name, trade mark, service mark or other industrial property rights or copyrights. Both the franchisor and the franchisee remain legally and financially separate and independent entities, i.e. they operate in their own name and on their own account. However, the franchisor has certain powers of instruction that allow it to enforce compliant behaviour. A franchise system is a cooperative distribution system based on the division of labour and has a vertical structure. However, the franchisor has certain powers of instruction that allow it to enforce compliant behaviour.

In Germany, setting up a franchise system is governed by the general regulations on business start-ups. There is no specific franchise law.

Cooperative

‘Cooperative’ is a collective term for groupings of legally and economically autonomous businesses for purposes of business-to-business cooperation by setting up supporting cooperative centres. Collaboration can involve acquisitions, sales, investment and finance as well as administration. Supporting cooperative centres mostly take the legal form of a cooperative society (Genossenschaft), limited liability company (Gesellschaft mit beschränkter Haftung – GmbH) or public limited company (Aktiengesellschaft – AG). Cooperatives may include buying associations of wholesalers and retailers, crafts and the service sector as well as voluntary chains.

Cooperative centres, in addition to assisting their members, often also specifically run their own retail businesses. Cooperative centres also act increasingly as franchisors within franchise systems.

Other options for expanding your business are taking over an existing one, merging with another company or opening a branch in another EU country.

Resources

The website of the German Franchise Association (Deutsche Franchise-Verband – DFV) includes an online franchise exchange for potential franchise partners.

  • DFV: franchisee exchangeDeutsch

In order to facilitate the process of business succession, the Federal Ministry of Economics and Technology, together with associations, institutions and organisations involved in commerce, banking and the liberal professions, has launched the ‘nexxt’ initiative.  The ‘nexxt’ internet portal is the central point of contact for all entrepreneurs seeking to relinquish or take over a business. The portal is also home to ‘nexxtchange’, which helps interested parties find either a successor or a seller.

  • Succession exchange: ‘nexxtchange’Deutsch
  • The ‘nexxt’ initiativeDeutsch

Various networks and a host of facilities in the form of databases and international contact platforms are available in Germany to support German-based entrepreneurs in finding business partners in other countries and vice-versa.

  • IXPOS – foreign trade portalDeutsch
  • German Chambers of Commerce abroadDeutsch
  • Federal Agency for Foreign Trade (database)Deutsch
  • E-trade centre (database)
  • RETech (dedicated platform for German exports of waste management technology and services)Deutsch

Specific platforms for foreign investors seeking business partners in Germany:

  • German Business Portal
  • Germany Trade and InvestDeutsch – Gesellschaft für Außenwirtschaft und Standortmarketing mbH

Check also the legislation on this topic in:

  • References

    Legal texts

    • Stock Corporation Act (Aktiengesetz – AktG) of 6 September 1965 (BGBl. I p. 1089), as amended by Article 5 of the Act of 25 May 2009 (BGBl. I p. 1102)Deutsch
    • Act on Limited Liability Companies (Gesetz betreffend die Gesellschaften mit beschränkter Haftung – GmbHG) in the revised version published in the Federal Law Gazette Part III, Section 4123-1, as amended by Article 8 of the Act of 25 May 2009 (BGBl. I p. 1102)Deutsch
    • Commercial Code (Handelsgesetzbuch – HGB) in the revised version published in the Federal Law Gazette Part III, Section 4100-1, as amended by Article 6 of the Act of 25 June 2009 (BGBl. I p. 1506)Deutsch
    • Industrial Code (Gewerbeordnung) in the version promulgated on 22 February 1999 (BGBl. I p. 202), as amended by Article 4(14) of the Act of 29 July 2009 (BGBl. I p. 2258)Deutsch
    • Cooperatives Act (Genossenschaftsgesetz) in the version promulgated on 16 October 2006 (BGBl. I p. 2230), as amended by Article 10 of the Act of 25 May 2009 (BGBl. I p. 1102)Deutsch

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Further help

Chambers of Industry and Commerce in Germany run various co-operation, participation and technology exchanges to help identify business partners.

  • IHK: where to find a cooperation partnerDeutsch
  • IHK: investor exchange/risk capitalDeutsch
  • IHK: technology exchangeDeutsch

The European Business Register (EBR) is a service covering 16 European countries – it provides reliable official data from each country’s national trade register. Companies can use it, for example, to obtain details of their European business partners.