Formation of companies domestic and abroad
Advice for company foundations
Memorandum/Articles of association
Assignment of company shares
Disputes between company shareholders, shareholder-shareholder, management-company, management-shareholders
Compensation of shareholders
Liability of management and shareholders
Restructuring
Interim-management
Company in crisis:
securing the claims of creditors before receiving an awarding judgement if there is a risk that the company being sued attempts to withdraw assets before an expected enforcement or in the event of imminent inability to pay
Support for the expansion of your company going abroad, the development of new
markets, for all phases of setting up and establishing a brach, an office or a new company.
Having worked on site in countries on different continents and in different legal systems, cultures and societies.
I can draw from an expertise and experience that can be a decisive
advantage in achieving the goals set and making the commitment a success. First-hand
expertise and experience.
Support for companies from abroad that want to set up in Germany. The legal structure of the company and how it presents itself is of decisive importance for its commercial success. Particular care has to be taken in the process of formation. Customised contractual agreements, incorporation and entry in the commercial register in a one-stop shop.
For internationally active companies, contracts with foreign partners are not only part of daily business but is also the fundament for successful entrepreneurial activity.
There is a fine line between risk avoidance and contractual terms that do not give partners the impression that provisions are exclusively to their detriment and that they therefore refrain from concluding a contract, e.g. in the area of jurisdiction-/arbitration- and choice of law-clauses.
The naional place of jurisdiction does not always have to be the advantageous if the
necessary enforcement of a judgement would have to take place abroad.
A judgement by a court of the Dubai Financial Centre (DIFC) e.g. is enforceable in all countries of the GCC (Gulf Cooperation Council).
As cultural customs and behaviours have to be observed my expertise and experience in different legal systems, countries and cultures is the winning advantage for you.
There are also special features to be considered in contracts between in Germany located companies. The local jurisdiction does not necessarily have to be the more advantageous per se if a non-local court has a special allocation of jurisdiction for a particuar matter. The 24th civil chamber and the 2nd chamber for commercial matters of the Düsseldorf Regional Court, e.g., hear matters in English.
In the context of contract negotiations letters of intent between the parties have proven to be a suitable means of demonstrating the seriousness of the intention to conclude a
contract on the one hand and on the other of setting out basic negotiating objectives. This is regularly accompained by a confidentiality agreement.
Conducting a lawsuit whether as plaintiff or defendant requires not only resources but is also time-consuming.
If both parties agree, it may therefore advisible to use alternative dispute resolution (ADR) methods to reach a pre-trial agreement.
If this fails or one party refuses and a trial is unavoidable a strategy has to be developed
and implemented progressively to convince the court on the basis of precise mastery of
civil procedure techniques. One means could be e.g. the assignment of claims in oder to improve the witness position. An intense litigation experience is the fundament for this.
Arbitration proceedings are not only advantageous in terms of time due to their clear and specific schedule. A wide range of different arbitration institutions are available both nationally and internationally. Arbitration tribunals are generally staffed by arbitrators with special expertise in the matter.
If contractual partners in dispute witsh to reach an understanding I am available as a
moderator/mediator. From the perspective of an uninvolved third party remarkable results can be achieved and the contructual relationship could continue to exist.
In addition to the „standard“ measures there are appropriate means to induce the debtor to fulfil obligations.
It is also rarely taken into account that assets can be frozen even before an enforceable
title is obtained if the necessary requirements are met and that they could be withdrawn from the debtor`s discretion.
The same applies in an international context with a so called Mareva (Freezing) injunction.
Supporting charitable organisations and private individuals in need for the benefit of the general public is part of our social responsibility. It is therefore a particular concern of ours to support these in procedural and advisory terms.