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German Law/Overseas foreign owned German apartment. POA ?

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Question
Good Afternoon Andreas,

I am British and own an apartment in Germany but live in the Netherlands. Must I nominate a German resident to represent me in Germany or can I conduct my German affairs from the Netherlands?

Answer
You can conduct all of your business from the Netherlands. Within the EU, you can render and receive professional services in any other EU country. (So, please don't vote for the UK to leave the EU! ;-)

However, you may still be sued in Germany because the location of the apartment establishes local jurisdiction. If a lawsuit will be brought against you, the German court may require you to appoint a representative in Germany to accept service of documents. This would typically be the lawyer who represents you in such a proceeding, but if you defend yourself, you may have to pick any other person living in Germany.

Andreas Moser
www.about.me/moser

German Law

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Andreas Moser

Expertise

Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.

Experience

Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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