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Questions and Answers
What is required for participation in the Bachelor examination?
What is required for participation in the Bachelor examination?
Which of the following is a part of the Bachelor examination?
Which of the following is a part of the Bachelor examination?
What is indicated by the ECTS in the context of the examination?
What is indicated by the ECTS in the context of the examination?
When do the registration deadlines for the module examinations typically end?
When do the registration deadlines for the module examinations typically end?
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Which of the following is NOT indicated as a requirement for the Bachelor examination?
Which of the following is NOT indicated as a requirement for the Bachelor examination?
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What is the primary focus of the course 'Doing Business in Germany'?
What is the primary focus of the course 'Doing Business in Germany'?
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Which of the following is a characteristic of Germany's economy?
Which of the following is a characteristic of Germany's economy?
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What is the workload expected from students for this course?
What is the workload expected from students for this course?
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What time is the 'Doing Business in Germany' course scheduled?
What time is the 'Doing Business in Germany' course scheduled?
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In which sector does Germany particularly excel?
In which sector does Germany particularly excel?
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Who is the instructor for the course 'Doing Business in Germany'?
Who is the instructor for the course 'Doing Business in Germany'?
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What is the duration of the final exam for this course?
What is the duration of the final exam for this course?
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Which of the following best describes Germany's workforce?
Which of the following best describes Germany's workforce?
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What is a significant disadvantage of starting a business as a sole proprietor?
What is a significant disadvantage of starting a business as a sole proprietor?
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What happens to the business's debts if a sole proprietor cannot repay them?
What happens to the business's debts if a sole proprietor cannot repay them?
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How does the life of a sole proprietorship relate to the proprietor?
How does the life of a sole proprietorship relate to the proprietor?
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What is often a challenge faced by sole proprietorships in terms of growth?
What is often a challenge faced by sole proprietorships in terms of growth?
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What is a key characteristic of a sole proprietorship?
What is a key characteristic of a sole proprietorship?
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Why might sole proprietorships be more common for small businesses?
Why might sole proprietorships be more common for small businesses?
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What can occur if a sole proprietorship accrues significant debts?
What can occur if a sole proprietorship accrues significant debts?
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What is a disadvantage that affects the transferability of a sole proprietorship?
What is a disadvantage that affects the transferability of a sole proprietorship?
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What is the minimum share capital required to establish a limited liability company (GmbH) in Germany?
What is the minimum share capital required to establish a limited liability company (GmbH) in Germany?
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Which statement is true regarding the nominal value of shares in a GmbH?
Which statement is true regarding the nominal value of shares in a GmbH?
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In the case of insolvency for a GmbH, which of the following statements accurately describes shareholder liability?
In the case of insolvency for a GmbH, which of the following statements accurately describes shareholder liability?
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What designation must a company use if its share capital is below the legal minimum for a GmbH?
What designation must a company use if its share capital is below the legal minimum for a GmbH?
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What happens to a GmbH's debts if its assets are liquidated and a shortfall remains?
What happens to a GmbH's debts if its assets are liquidated and a shortfall remains?
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Under the GmbHG, how is the total of all nominal values of shares related to share capital?
Under the GmbHG, how is the total of all nominal values of shares related to share capital?
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What is a consequence if one shareholder of a GmbH cannot make payments towards debts?
What is a consequence if one shareholder of a GmbH cannot make payments towards debts?
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Regarding the structure of shares in a GmbH, which statement is accurate?
Regarding the structure of shares in a GmbH, which statement is accurate?
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Which statement about the initial registration of a Limited Liability Company is correct?
Which statement about the initial registration of a Limited Liability Company is correct?
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What is the minimum reserve requirement based on the annual surplus for a company?
What is the minimum reserve requirement based on the annual surplus for a company?
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Under which circumstance must a shareholders' meeting be convened without delay?
Under which circumstance must a shareholders' meeting be convened without delay?
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If a company increases its share capital, what happens to the previous regulations regarding share capital?
If a company increases its share capital, what happens to the previous regulations regarding share capital?
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What amount can be distributed to shareholders if a Limited Liability Company makes a profit of €10,000?
What amount can be distributed to shareholders if a Limited Liability Company makes a profit of €10,000?
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In which financial statement item should the remaining amount of unallocated profits be posted?
In which financial statement item should the remaining amount of unallocated profits be posted?
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What is not a purpose for which statutory reserves can be used?
What is not a purpose for which statutory reserves can be used?
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Which financial structure is suitable for starting a business with €5,000 without additional equity?
Which financial structure is suitable for starting a business with €5,000 without additional equity?
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What is the primary focus of the planned study approach at Hochschule Schmalkalden?
What is the primary focus of the planned study approach at Hochschule Schmalkalden?
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Which group of students can participate in module examinations according to the regulations?
Which group of students can participate in module examinations according to the regulations?
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What is a key consideration in allowing students from other faculties to participate in module examinations?
What is a key consideration in allowing students from other faculties to participate in module examinations?
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What does the term 'fachgebundene Hochschulreife' refer to in the context of the study regulation?
What does the term 'fachgebundene Hochschulreife' refer to in the context of the study regulation?
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What is the overarching aim of the special study planning mentioned in the document?
What is the overarching aim of the special study planning mentioned in the document?
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Study Notes
Course Information
- Course Title: English 1 (Key Qualifications Language 1)
- Course Description: Doing Business in Germany
- Professor: Prof. Dr. Prof. h.c. Bernhard Schellberg
- Faculty: Business Law
- University: University of Applied Sciences Schmalkalden/Germany
- ECTS Credits: 2.5
- Level: Bachelor
- Course Assessment: Final Exam (60 minutes)
- Total Workload: 75 hours
- Start Date (2024): October 15th
- Lecture Time: Tuesday, 14:15-15:45
- Lecture Hall: D0301
- Course Website: https://studip.hs-schmalkalden.de/dispatch.php/course/overview?cid=615c0ce56536530c7e16c0b9d54dca7d
Chapter 1: Introduction
- Germany is the world's fourth-largest economy and a major driver in Europe
- Germany's industry focus centers around engineering, especially in automobiles, machinery, metals, pharmaceuticals, and chemicals
- Germany has a strong logistical and technological infrastructure, a skilled workforce, and a stable economy.
- The course Doing Business in Germany covers the legal and taxation system in Germany.
- It discusses establishing and operating companies (focus on limited liability), labor and tax framework, and commercial, antitrust, and intellectual property laws.
- The course also provides information regarding access to capital markets and related banking and finance laws in Germany.
- The course will emphasize legal terminology, case studies, and improving language skills relevant for business law discussions and negotiations.
- Students will practice their spoken communication skills through presentations and debates on legal topics.
- Collaborative group projects will foster teamwork and problem-solving skills.
- Students are encouraged to use smartphones or tablets as aids for short presentations and discussions during lectures.
Chapter 2: Germany - An Overview
- Baker & McKenzie presented at the course; they provided information on the career opportunities at their company.
- The course first part discusses "Doing Business in Germany" based on a 2015 Baker & McKenzie publication.
- The overview covers the political system, particularly any changes since 2015.
- The course material requires students to analyze the "Civil Law" and "Common Law" systems.
- The importance of Germany is justified by its Gross Domestic Product (GDP) and relative ranking in the global economy.
- Students should use the provided sources to understand and explain GDP and its connection to a country's prosperity.
- Recent importance of the BRICS countries (Brazil, Russia, India, China, and South Africa) is discussed, including their growing global influence and implications for international relations.
- A lecture overview is to be prepared on these aspects.
Chapter 3: Legal Forms of Doing Business
- Types of long-term finance classified as debt and equity.
- When a firm borrows money, it promises to repay with interest in debt financing.
- Debt holders can force bankruptcy if the firm doesn't fulfill this promise.
- Equity financing does not offer such promises; equity holders are paid after any debt is satisfied.
- Therefore equity is considered a residual claim.
1. Starting Up as a Sole Proprietorship
- A sole proprietorship is an unincorporated business owned by one individual.
- The owner keeps all the profits and bears all costs.
- The owner is personally liable for all the firm's obligations.
- Sole proprietorships are primarily used for small businesses.
- Advantages: Ease of starting, few regulations, and no corporate taxation.
- Disadvantages: Unlimited personal liability, difficulty obtaining significant capital for growth, and life limited to the owner's lifespan.
- There is a closed-book exam on this topic with 10-minute questions about sole proprietorship characteristics, advantages, and disadvantages.
2. Partnership
- A partnership is formed when two or more persons or entities associate for a for-profit, non-corporate business.
- Partnership agreements outline decision-making structure and profit distribution.
- Partners are liable for business obligations.
2. General Partnership (OHG)
- OHG is a common partnership type in Germany for small and medium-sized trading companies.
- OHG is not a legal entity, it owns partner assets and assumes liabilities.
- Partners have joint and several liability for all liabilities.
- Partnership agreements define decision-making and profit distribution among partners.
- Similar advantages and disadvantages as a sole proprietorship.
3. Limited Partnership (KG)
- Limited partnerships limit the liability of some partners to their contributions.
- Typically, there are general partners with unlimited liability and limited partners.
- Limited partners contribute capital with liability confined to the contributed amount. They cannot lose more than they invest.
- The business operations are overseen by general partners.
- The course includes discussion of an example case study.
4. Limited Liability Incorporated Entities
- Limited liability companies (GmbH) and stock corporations (AG) offer limited liability to shareholders
- These are legal entities.
- The amount needed to start an GmbH or AG is a 25,000 Euro minimum for a GmbH.
4.1 Limited Liability Company (GmbH)
- GmbH (Gesellschaft mit beschränkter Haftung) is formed by one or multiple persons for any purpose permitted by law.
- The company is a legal entity with independent rights and obligations.
- Company assets are separate from personal assets.
- The company's obligations are to the extent of its assets. A specific form and amount of capital is needed for each company.
- A meeting of shareholders must be held in case of illiquidity.
- There is a case study for students to analyze.
4.2 German Stock Corporation (AG)
- AG (Aktiengesellschaft) is one legal form with access to capital markets governed by German law.
- Shares can be bearer shares (no register/unlimited) and registered shares (register/limited.).
- The shares in an AG must have a minimum share capital of 50,000 euros.
- A complex three-tiered organizational system is used, including management board, supervisory board, and general meeting.
4.3 Societas Europaea (SE)
- SE is a European entity, governed by European community law and national laws.
- SE helps manage cross-border business operations through a unified management approach.
- The course material emphasizes SE as a convenient option for managing cross-border businesses.
5. Branch
- Foreign companies can establish a branch or subsidiary in Germany.
- Branches are used to pursue business activities and operations in Germany, but the branch isn't an independent legal entity; this includes an establishment and subsidiary.
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Description
Test your knowledge on the details required for participation in the Bachelor examination, focusing on the 'Doing Business in Germany' course. This quiz covers registration deadlines, ECTS indications, and characteristics of Germany's economy.