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Reservations and Declarations for Treaty No.057 - European Convention on Establishment of Companies
Declarations in force as of today
Status as of 12/02/2016
GermanyDeclaration made at the time of signature on 5 November 1968 - Or. Engl.
1. Authorization to carry on a trade
Section 12 of the Trade and Industry Code (Gewerbeordnung) as amended on 13th August 1965 :
Foreign juristic persons require authorisation to carry on a trade. Such authorisation is normally granted if reciprocity is guaranteed and if the foreign juristic person fulfils the same requirements regarding the amount of capital as must be met under German law by comparable German juristic persons.
2. Business accountancy and auditing
Section 27 and Section 130 (2) of the Business Auditing Regulations of 24th July 1961:
Only German joint stock companies and partnerships may be authorised as business auditing companies.
3. Tax consultancy
Section 16 of the Tax Consultancy Act of 16th August 1961:
Only German joint stock companies may be recognised as tax consultancy companies.
Section 2, paragraph 1, 2nd sentence, of the Racing and Lotteries Act of 8th April 1922:
Foreign juristic persons may not be granted authorisation.
5. Inns, restaurants and guesthouses; retail trade in liquor; ice-cream parlours
Section 1 (2) of the Catering Act of 28th April 1930 and Section 2 of the Ordinance of 16th July 1934 on Ice-Cream Parlours:
Foreign juristic persons may be denied authorisation if the need for the proposed undertakings has not been proved.
6. Retail trade in non-precious metals
Section 2 (2) of the Non-precious Metals (Trading) Act of 23rd July 1926:
Authorisation can be denied if proof of need is not furnished. According to its wording, the Act applies equally to foreign and national companies. As, however, with regard to German companies it may no longer be permissible under Article 12 of the Basic Law for the Federal Republic of Germany to examine the need - a question which has not been finally clarified -, the present provision is included as a precautionary measure.
7. Industrial manufacture, finishing and repair of firearms and ammunition, as well as traffic in firearms and ammunition
Section 10 of the Ordinance to implement the Firearms Act of 19th March 1938:
Foreign juristic persons may not be granted authorisation to manufacture or trade in weapons; however, exemptions may be permitted under Section 3 (3) of the Firearms Act.
8. Branch establishments of foreign credit institutes
Section 53 of the Banking Act of 10th July 1961:
Foreign credit institutes may be denied authorisation to open branches if there is no need for them. Since the registered office is in a foreign country, at least one natural person having his domicile in Germany must be appointed as being authorised to conduct business and represent the institute.
9. Foreign insurance companies intending to carry on an insurance business in Germany through representatives, attorneys, agents or other intermediaries
Section 105 and seq. of the Law of 6th June 1931 concerning Supervision of Private Insurance Companies and Building Societies:
The authorisation may be denied or withdrawn at discretion. The foreign insurance company must maintain an establishment in Germany and appoint a general agent having power of attorney. The cover fund for insurance policies taken out in Germany must be so assured that it can be disposed of only with the approval of the Federal Board of Control (Bundesaufsichtsamt).
Sections 1 and 3 of the Prussian Act of 23rd June 1909 on the Operation of Mines by Foreign Juristic Persons and Business Activities by non-Prussian Mining Companies:
Within the sphere of application of the Act, foreign juristic persons require authorisation for mining operations.
11. Provisions of Sureties
Section 110 of the Code of Civil Procedure, as amended by the notice of 12th September 1950:
As plaintiffs in civil proceedings, foreign juristic persons have to provide the defendant at his request with surety for the costs of the proceedings.
12. Legal Aid
Section 114 (4) of the Code of Civil Procedure, as amended on 12th September 1950:
Foreign juristic persons may not be granted the right to sue in forma pauperis.
The foregoing list does not contain any provisions concerning navigation and aviation since, according to Article 16 of the Convention, Article 8 is not yet applicable to those spheres.
Articles concerned : 8
ItalyDeclaration made at the time of signature on 24 March 1966 - Or. Fr.
Under Article 8, paragraph 2, of the European Convention on Establishment of Companies, the Italian Government has the honour to inform the Secretary General of the Council of Europe of the statutory provisions which at present apply specifically to alien companies and other bodies in Italy.
- Civil Code, approved by Royal Decree of 16 March 1942, n.262 (Article 2510);
- Code of Navigation, approved by Royal Decree of 30 March 1942, n.327 (Articles 143, 144 and 751); br>- Regulations implementing the Code of Navigation, approved by Decree of the President of the Republic of 15 February 1952, n.328 (Articles 310 and 312); br>- Royal Legislative Decree of 29 April 1923, n.966, relating to the operation of private insurance schemes (Article 20); br>- Royal Legislative Decree of 12 March 1936, n.375: "Provisions for the protection of savings and for regulating the operation of credit" (Article 26); br>- Collected Laws on the Department of Inland Revenue, approved by Decree of the President of the Republic of 15 May 1963, n.858 (Article 7).
Articles concerned : 8