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General Requirements for Notarisation and Financial Assistance in Germany

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Section 3: General Requirements

In Germany, notarisation requirements can vary depending on the situation. Here are some key points to consider:

• Notarial Certificates of Representation: If signatories are not registered in public registers, notarial certificates of representation may be required.
• Powers of Attorney for Real Estate Transactions: Powers of attorney used for real estate transactions and filings with public registers must be executed in notarial form.
• Foreign Notarisations: Foreign notarisations must be accompanied by an apostille.

Section 4: Financial Assistance

German law has specific rules regarding financial assistance to third parties. Here are some key points:

• Stock Corporations: Stock corporations are prohibited from granting loans or security to third parties to acquire shares in the company, except under certain circumstances (e.g., regular business of a credit or financial services institution).
• GmbHs: GmbHs are subject to capital maintenance rules that often result in a similar effect.
• Controlled Companies: Controlled companies can grant loans or security to third parties to acquire shares in the controlling company, but restrictions apply.

Important Note

This summary is not exhaustive and should not be considered as legal advice. If you require more information or have specific questions, we recommend consulting with a qualified attorney or legal expert familiar with German corporate and financial laws.