Corporate Law

 

It is practically impossible to implement new business ideas without coming up against issues relating to company law. From choosing the appropriate legal form of the company to the shareholder structure and corporate acquisitions and disposals, right through to arranging a company wind-up or insolvency, problems can arise where legal advice is needed. We support our clients, large or small, and irrespective of whether they are an as yet unfounded start-up or a traditional family enterprise with years of experience.
In particular, our support covers the following aspects:

 
Incorporation, and supporting companies and associations

Whether you want to work in a not-for-profit association, to develop your own individual small business together with one or more partners, or to establish a limited liability company (for example a GmbH or a GmbH & Co KG) with investors, the choice of the right corporate form is vital to the success of your business model. At the same time, the range of options is difficult for lay persons to appreciate. We support you in choosing the right legal structure for your purposes and in completing the formalities required. That includes drafting the necessary contracts and establishing and maintaining your contact with a notary. Naturally, we can also check company contracts presented to you by investors or business partners and assist you in negotiating agreements.
Our consultancy also covers developing an ownership structure which is right for you, and advising on third-party participations and the appointment and dismissal of managing directors. In this area, we work closely with experts in employment law as required, so that we can set out the implications under labour law of a company employing managing directors.  We naturally also help with preparing for meetings of shareholders and members, and can attend these in person on request if issues relating to legal matters are anticipated.

 
Transactions

We support you with smaller company transactions, such as the acquisition and sale of company shares to investors or other third parties. In connection with this, we can devise the right structure for such a transaction and the necessary contracts to reflect your aims, working closely with tax law experts. Naturally, as part of the individual options available we can also offer to handle buyer and seller due diligences, particularly in the area of open source compliance.

 
Winding up and insolvency

Even though this is a scenario which no entrepreneur would wish for, sometimes liquidation or insolvency is unavoidable. We advise and assist you through this period and help you devise suitable strategies and protect yourself against unnecessary liability risks. Our extensive experience in insolvency-related consultancy is relevant here, especially when it comes to the practicalities involved. We can spot problems before these become apparent, and can initiate appropriate measures at an early stage.

 
Disputes in and out of court

Naturally, we also advise and support you over disputes under corporate law, both through the courts and extra-judicially, and over arbitration proceedings.

 

Dr. Lina Böcker
Sebastian Biere
Nadine Schawe