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Third Party Consent for Germany

Third Party Consent Template for Germany

This document is a formal third party consent instrument governed by German law, specifically aligned with the requirements of the German Civil Code (BGB). It serves as a legally binding declaration through which a third party provides their formal consent to a specific action, transaction, or modification of existing rights and obligations. The document incorporates essential elements required under German law for valid consent declarations, including clear identification of all parties, specific subject matter of the consent, and any applicable conditions or limitations. It is structured to meet both the formal legal requirements for consent under German law and practical business needs.

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Third Party Consent

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What is a Third Party Consent?

The Third Party Consent document is essential in German business and legal practice where third party approval is required for various transactions or changes to existing arrangements. It is commonly used in situations such as assignment of contracts, modification of rights, transfer of obligations, or other scenarios where the interests of a third party are affected. The document must comply with German Civil Code (BGB) requirements for consent declarations, particularly sections 182-185 regarding consent (Einwilligung) and approval (Genehmigung). This template is designed to capture all necessary elements for valid consent under German law while remaining adaptable to various business contexts. It includes clear identification of parties, specific consent matters, any conditions or limitations, and formal execution requirements.

What sections should be included in a Third Party Consent?

1. Parties: Identification of all parties involved: the consenting party, the party requesting consent, and the party/parties to whom the consent relates

2. Background: Context of the consent request, including reference to the main agreement or transaction requiring the consent

3. Definitions: Key terms used in the consent document, particularly defining the scope of consent and any specific transactions or actions covered

4. Subject Matter of Consent: Clear and specific description of what is being consented to

5. Scope of Consent: Detailed parameters and limitations of the consent being given

6. Declarations: Formal statements confirming the consenting party's understanding and voluntary nature of the consent

7. Effectiveness: Conditions for the consent becoming effective and its duration

8. Execution: Signature blocks and formal execution requirements

What sections are optional to include in a Third Party Consent?

1. Representations and Warranties: Additional statements by the consenting party about their authority and capacity to give consent, used in complex transactions

2. Conditions: Any conditions that must be met for the consent to remain valid, used when consent is conditional

3. Revocation Rights: Terms regarding if and how the consent can be revoked, particularly important for ongoing matters

4. Data Protection: Specific provisions related to personal data processing, required when consent involves personal data processing

5. Governing Law: Explicit choice of law provision, useful in international contexts

6. Notices: Communication requirements and contact details, needed for complex or ongoing consent arrangements

What schedules should be included in a Third Party Consent?

1. Description of Consented Actions: Detailed list or description of specific actions or transactions being consented to

2. Related Agreements: Copies or summaries of agreements referenced in the consent

3. Authorization Documents: Proof of authority to give consent (e.g., power of attorney, board resolutions)

4. Relevant Correspondence: Any prior correspondence or documents relevant to the consent context

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 | Serial Founder & Legal AI Author

Jurisdiction

Germany

Document Type

Consent Form

Cost

Free to use
Relevant legal definitions
























Clauses





















Relevant Industries

Banking and Financial Services

Real Estate

Manufacturing

Technology and Software

Healthcare

Insurance

Telecommunications

Energy and Utilities

Construction

Professional Services

Retail and Consumer Goods

Transportation and Logistics

Relevant Teams

Legal

Compliance

Commercial

Business Development

Operations

Risk Management

Corporate Secretariat

Contract Administration

Project Management Office

Account Management

Relevant Roles

Legal Counsel

Contract Manager

Compliance Officer

Business Development Manager

Project Manager

Risk Manager

Corporate Secretary

Operations Director

Chief Legal Officer

Commercial Manager

Account Executive

Partnership Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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