What does an international lawyer do
Specialist lawyer for international business law
internationality is in the It is impossible to imagine today's society without it. Without an economy that is not limited to domestic needs, the supply for everyday needs would be very limited. The globalization has its antennae in for a long time all areas of life stretched out.
A business lawyer, for example, deals with the legal issues of international companies.
If we only acted on a national level, everyone's everyday life would look a lot different from what we are used to. Exclusively local and regional products and products are no longer sufficient to meet the demands of today's population. Imports and exports are therefore the key to the extensive selectionwho provide supermarkets or other shops.
International business law regulates the Cooperation between several economic areas - be it on a private or public-state level. From the today's importance it has become particularly essential that there are people who work in this direction comprehensive advice can give. For this is a Specialist lawyer for international business lawnecessary.
What does So a Business lawyer? What can he do particularly qualifies its clients to advise? Which knowledge does he need to be allowed to call himself an attorney for international business law? What does the Specialist lawyer course? You can find out that and more in this guide.
What is behind a specialist lawyer for international business law?
A lawyer specializing in international business law must have represented 50 cases for the title of specialist lawyer.
Specialist lawyers are generally "Normal" lawyers who also specialize in a certain subject area. This also includes the specialist lawyer for international business law. He offers Legal advice in economic matters with international contexts at. There are numerous laws and contracts that have been concluded in the field of commercial law.
The Area of responsibility a specialist lawyer in the economic sector very complex and diverse. In general, however, stand out three major subject areas which a lawyer specializing in international business law deals with over and over again. He busy every day so above all with the following areas of law:
- national / European foreign trade law: These are laws that prescribe rules for economic relations with foreign countries - within individual national states or the European Union as a whole. It's all about Exports and imports. The regulations also include rules too Investmentsthat come from abroad.
In this context, however, it should be said that the The boundaries between national and European commercial law quite often merge. The European Union (EU), for example, allows all EU countries to have uniform customs regulations when goods are to be imported or exported.
The legal basis for Germany for this they form Foreign Trade Ordinance (AWV) and the Foreign Trade Act (AWG).
As a specialist lawyer for international business law, you must already be admitted to the bar for three years.
All regulations for the movement of goods with foreign countries are written down here. Plus are in it too possible penalties for violating the established provisions noted.
- transnational law: This regulates Relationships between different companies given are. The prerequisite for this is that they are internationally active. So two companies have that from different countries come the right self to determine, what legal basis they want for your contracts.
If one comes from Germany and another from France, it is up to the company to choose French or German law as the basis.
- International economic law: This area of law mainly defines the Rules for economic relations between certain countries firmly. The basis for this is always formed by closed contracts. The provisions contained therein are binding for all contractual partners. Such an agreement always exists between at least two countries (bilateral) and can expanded at will become (multilateral).
Specialist lawyer for international business law: tasks
A specialist lawyer for international business law also knows what an international company shouldn't do.
First and foremost, he deals with the Realities as possible violations within the three legal areas mentioned.
Through the steadily increasing importance of internationality and international economic relations, there is also increasing demand for correspondingly competent advice.
That way, the Specialist lawyer for international business law found his niche. Because he is able to do this Advisory function to meet. With his extensive knowledge in the complex subject area of international business law he can support, advise and represent his clients.
Among other things, the include Duties of a specialist lawyer for international business law the following areas of advice:
- Freight transport or International services
- Establishment and operation of foreign branches of the company (foreign investments)
- Support in the choice of the company's headquarters, taking into account tax and residence law factors
- Choice of legal form
- Help with clarifying the investor's residence permit, visa, etc.
- Advice on laws abroad that are relevant for the company
- German and international legal situation, for example the law within the European Union
- foreign Commercial agency law
- Authorized Dealer Law abroad
- international Contract law
- Creation of required Employment and distribution contracts
- representation under trademark law
- tax advice
- Company acquisitions and Restructuring
- Social security andEmployment Law abroad
- Posting of employees / workers in the international area
A lawyer specializing in commercial law must be examined in accordance with the provisions of the specialist lawyer regulations.
The Knowledge repertoire of a specialist lawyer for international business law therefore includes many areas, which makes this form of specialist lawyer suitable for a wide variety of company concerns. If you have legal problems in the field of international business law or would like intensive advice, this specialist lawyer is the right choice.
What is the difference to the lawyer specializing in white collar crime?
As in any field of law, international business law offers plenty of scope for wrongdoing. On Facts in the field of economy is therefore also with Punish responds.
If this is from White-collar crime is assumed, it takes effect Country one to that Economic system to protect. In such cases, the so-called lawyer for Commercial criminal law talked about which concerns how infidelity, Criminal tax law, corruption or Bankruptcy crimes takes care.
If companies fail to adhere to the prescribed rules of international business law, they can be punished for doing so. What penalties and consequences for what kind of wrongdoing threaten, can detailed in the Foreign Trade Act (AWG), specifically in Part 3 on penalties, fines and supervision regulations can be read. Some concise example penalties should clarify the possible dimensions below:
- There is a threat Imprisonment between three months and five years, if violated officially established prohibitions becomes, for example export, import or sales bans. (Section 18 (1) AWG)
- In addition, for example this action in addition as unlawfulwhen it's off negligence has happened and can therefore be done with a Fine of up to 500,000 euros to get punished. (Section 19 (6) AWG)
- With a Imprisonment from one to ten years the one who has to reckon acts against the protection of public safety and external interests in accordance with Section 4 AWG - if, for example, he contravenes an EU regulation on foreign and security policy. (Section 17 (1) AWG)
A commercial criminal law attorney is not the same as an international commercial law attorney.
It quickly becomes clear that a no small difference between a lawyer specializing in international commercial law and a lawyer specializing in commercial criminal law consists. While the former one advisory function occupies, for example to protect international business enterprises from making mistakes, the latter deals with the Consequences of massive misconduct in the international economic area - similar to “normal” criminal law, only specialized in the international economic area.
What does a specialist lawyer for international business law cost?
How much a lawyer earns depends, among other things, on the Regulations of the Lawyers' Remuneration Act (RVG) or more Compensation Agreements. That means that an attorney generally does the Determine the amount of his remuneration himself can - provided it is in reasonable proportion to the existing responsibilitywho provided power and the respective Liability risk is located.
How can a specialist lawyer title be obtained?
A specialist lawyer for international business law must have completed a corresponding course.
A specialized business lawyer you can only become if you have one appropriate qualification own for it. Specifically, this means that you must first find a suitable one Complete the course and pass the corresponding exam have to. Only then can a lawyer call himself a “specialist lawyer for international business law”.
This type of specialist lawyer in particular has only been around for a few years - it was only introduced in 2014. True are some lawyersalready very familiar with this area of law, however, a lawyer may only declare himself a business lawyer if he does formally proven Has.
But how does a lawyer get his Specialist title for international business law? The Fachanwaltsordnung (FAO) specifies that first of all for it to prove specific knowledge are. For this reason, the § 14n FAO the following areas are defined:
- Conflict of laws (IPR) - contractual and non-contractual obligations
- international Civil Procedure and Arbitration Law
- internationally standardized Commercial law
- internationally standardized Corporate law
- European State aid and competition law
- Basics of the regulations for Fight against corruption, fraud and money laundering in international legal transactions
- Basics in international Tax law
- Main features of the Comparative law
In principle is every lawyer is entitled to do so, such a Certified specialist lawyer for international business law to get - as long as the person concerned all requirements Fulfills. Above all, it is important that the lawyer has the required knowledge about the different, related areas of law that you will find listed above.
Furthermore, not only has to theoretical knowledge be demonstrated, but also a certain number Practical hoursin which the trainee specialist solicitor has dealt with the relevant topic.
Specifically, according to the FAO, this means for a business lawyer that he already has 50 cases in the past three years, i.e. before submitting the application, must have worked on this area. in the § 5 para. 1 u FAO it further states that
of which at least 5 legal proceedings before German or foreign (including EU) courts and authorities [must have taken place]. The cases must relate to at least 3 different areas of § 14n, with at least 15 cases from the areas of § 14n No. 3, 4 or 5.
A business lawyer offers extensive advice on business law.
Also the practical requirements for the specialist lawyer for international business law are therefore specified in detail. In addition, the lawyer concerned admission to the bar for at least three years must own.
This regulation applies not only to the specialist lawyer for international business law, but also to all other specialist lawyers. It is essential that the relevant approval does not contain any interruptions.
What are the characteristics of specialist lawyer courses?
Even if the candidate for the title of specialist attorney already feels able to provide comprehensive and well-founded legal advice on international business law, it is nonetheless compulsory, that he is taking part in a specialist lawyer course. That also writes the FAO in front. in the § 4 it is stated that within such a course
encompasses all relevant areas of the subject. The total duration of the course, not including performance assessments, must be at least 120 hours.
With that, the lawyer has his Specialized lawyer title get, however, is his Training doesn't end there. A specialist lawyer for international business law is obliged to to participate in advanced training events annually.
According to § 15 FAO it is imperative that this has a length of 15 hours take in. Of which may five hours for self-study be used. However, it must be ensured that there is a learning success control.
In a nutshell: What is necessary for a specialist lawyer title in international business law?
- The relevant lawyerwho would like to obtain the title of specialist lawyer for international business law must already Admitted to the bar for at least three years be. For that it is important that it no interruptions gave.
- He should also have extensive and detailed knowledge of and have dealt with the relevant areas of law. That means to be Theoretical knowledge should cover all areas that apply in § 14n FAO .
- Before applying for the title of specialist attorney, the candidate has to prove his or her ability practical activities in this area prove. The FAO writes for it 50 cases from three areas within the last three years in front. Five of them must have come to court in which the lawyer had represented his client.
- Furthermore is a Specialist lawyer course compulsory for international business law. This should 120 hours be.
- In addition, the specialist lawyer must Spend 15 hours a year on further training measures - five of them may take place in self-study.
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