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Preliminary Notice for Germany

Preliminary Notice Template for Germany

A Preliminary Notice (Vorank眉ndigung) under German law is a formal written communication that serves to inform recipients about upcoming actions, events, or legal proceedings. This document, governed by German civil and commercial law, particularly the B眉rgerliches Gesetzbuch (BGB) and Handelsgesetzbuch (HGB), provides advance notification of intended actions or changes, allowing recipients to prepare or respond appropriately. It plays a crucial role in establishing clear communication channels and meeting legal requirements for notice periods in various business and legal contexts within the German jurisdiction.

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What is a Preliminary Notice?

The Preliminary Notice (Vorank眉ndigung) is a fundamental document in German business and legal practice, used when one party needs to formally notify another of impending actions, decisions, or changes. This document type is particularly important in German jurisdiction where formal notice requirements are strictly regulated under the Civil Code (BGB) and Commercial Code (HGB). It serves multiple purposes including fulfilling legal notice period requirements, documenting communication intent, and establishing a clear timeline of notifications. The Preliminary Notice typically includes essential information such as the parties involved, the subject matter, relevant dates, and any specific legal or contractual provisions being relied upon. It's commonly used in various contexts such as contract terminations, significant business changes, construction projects, or any situation requiring formal advance notification under German law.

What sections should be included in a Preliminary Notice?

1. Sender Details: Full legal name, address, and contact information of the sending party, including any registration numbers

2. Recipient Details: Full legal name, address of the receiving party, including department/person if applicable

3. Date and Reference: Current date and any relevant reference numbers or identifiers

4. Subject Line: Clear indication that this is a Preliminary Notice (Vorank眉ndigung) and brief description of the subject matter

5. Main Notice Content: Clear statement of the intended action or event being announced

6. Timeline: Specific dates or timeframes relevant to the notice

7. Legal Basis: Reference to relevant legal provisions or contractual clauses that form the basis for the notice

8. Signature Block: Formal closing, including name and position of the authorized signatory

What sections are optional to include in a Preliminary Notice?

1. Previous Communication Reference: Reference to any previous relevant correspondence or discussions, used when there is a communication history

2. Response Requirements: Any specific actions required from the recipient, included when a response or action is expected

3. Consequences Section: Description of potential consequences or next steps, included when necessary to outline implications

4. Contact Person: Specific contact person for queries, included for complex matters requiring ongoing communication

5. Reservation of Rights: Statement reserving legal rights, included when there might be potential disputes

What schedules should be included in a Preliminary Notice?

1. Supporting Documentation: Any relevant documents supporting the notice (e.g., contracts, plans, certificates)

2. Timeline Schedule: Detailed timeline of events or actions, if the matter involves multiple steps or dates

3. Power of Attorney: If the notice is being sent by a representative, proof of authority to act

4. Proof of Delivery: Delivery receipt or tracking information for important notices requiring proof of receipt

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Document Type

Lien Notice

Cost

Free to use

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