Law

Die AHK Irland unterstützt Sie mit grundlegenden rechtlichen Informationen rund um den Markteintritt und die Geschäftstätigkeit in Irland und Deutschland.

The AHK Ireland provides essential legal information regarding market entry and business operations in both Ireland and Germany.

Topics at a glance:

• Company Registration Extracts
  Support in obtaining official company information from the Irish or German commercial registers.
• Contract Design in an International Context
  Guidance on legally compliant contract design for business transactions between Germany and Ireland.
• Compliance and Legal Obligations
  Information on legal requirements such as data protection, product safety, and corporate reporting. For specific queries, we are happy to connect you with law firms from our network of members.

AHK Ireland offers extensive support to Irish companies and German companies looking to establish and expand their business activities in Ireland. We provide guidance on selecting the right legal structure, navigating administrative requirements, and assisting with the initial setup and ongoing management of your company.

Topics at a glance:

• Overview of Irish Company Forms
  Information on common company structures in Ireland, including:
  • Private Company Limited by Shares (LTD) – the most common structure for small and medium-sized businesses.
  • Designated Activity Company (DAC) – suitable for specific, clearly defined business purposes.
  • Public Limited Company (PLC) – for larger companies with capital raised from the public market.
  • Branch – for foreign companies operating in Ireland without setting up a separate legal entity.
• Company Secretary
  Explanation of the legal requirement for a Company Secretary in Irish limited companies.
• Business Address and Registered Office
  Guidance on the requirements for an Irish business address and assistance in securing a suitable address through our network.
• Filing with the Companies Registration Office (CRO)
  Support in preparing and submitting necessary documents such as incorporation documents, annual reports, or updates to company data.

AHK Ireland assists companies with employment law compliance to ensure that they meet all relevant legal requirements when employing workers in Ireland. For legal matters, we collaborate with partners to offer the best advice.

Topics at a glance:

• Posting of Employees and A1 Certificate (Ireland and Germany)
  When posting employees to Ireland, it is generally required to submit a posting notification. We assist with this process and provide the necessary information on obtaining the A1 Certificate. This certificate confirms that posted employees remain within the social security system of their home country, thus avoiding double insurance.
• Employer Obligations (Ireland and Germany)
  When employing workers in both Ireland and Germany, companies must meet various legal requirements, including pension and social security contributions, health and safety regulations, and compliance with minimum wage laws. Sector-specific differences, especially in the construction industry, should also be taken into account. Additional responsibilities include creating employment contracts and ensuring legal compliance through an employee handbook.
• Working Hours and Rest Periods (Ireland and Germany)
  Information on regulations regarding working hours, overtime compensation, and break times in both Ireland and Germany to ensure adherence to local laws.
• Visa and Entry Requirements for Non-EU Nationals (Ireland)
  Since Ireland is not part of the Schengen Area, specific entry requirements may apply for non-EU nationals wishing to work in Ireland. We provide guidance on ensuring international employees secure the necessary visas and permits.
• Employees Working from Home (Ireland and Germany)
  If planning to employ remote workers in Ireland or Germany, we offer support on employment law issues, assisting with drafting employment contracts that comply with local laws. We also provide information on potential tax and social security implications, such as reporting obligations or the risk of creating a tax presence in either country.

Customs and SokA-Bau (Germany)
For companies posting employees to Germany, we offer guidance on customs procedures and SokA-Bau regulations, which are sector-specific requirements for the construction industry. This ensures compliance with all relevant legal obligations.

For outstanding debts in both Ireland and Germany, AHK Ireland offers support with out-of-court debt collection and, if necessary, connects companies with specialized lawyers. We also provide information on cross-border enforcement options, such as the European Payment Order or enforcement titles, to efficiently assert claims.

We provide guidance on the key requirements of data protection laws in both Ireland and Germany, particularly in relation to the GDPR and the processing of personal data for customers or employees. This includes the obligation to appoint a Data Protection Officer (if necessary) and to implement organizational and technical measures to ensure compliance with GDPR.

For companies interested in establishing a German GmbH (limited liability company), we provide guidance on the necessary steps and requirements for incorporation in Germany.

AHK Ireland does not offer legal advice directly. For specific legal queries, we work with our members and external partners to provide expert guidance and support.