DeutschCompany Law
Challenging Company Law issues, such as the design of comprehensive Company Law structures, have been part of our daily business for the last few years.We design complex incorporation contracts and assert the claims of our clients at shareholder and board levels in court. We distinguish ourselves by integrating our experience from our other core competencies. Accordingly, we advise clients comprehensively. Given our many years of litigation experience, we take into account what might be important or useful for our clients in case of a dispute. Naturally, we also take tax issues and questions into consideration.
Furthermore, we have decades of experience in incorporating companies. In particularly urgent situations, we can fall back on shelf companies which are available at favorable terms.
Our daily business includes:
Incorporation of Companies
For your company’s incorporation we follow an individual, non-bureaucratic, swift and efficient approach. In this sense, we provide a just-in-time service. Once we have all relevant data, we guarantee the formation of the company within two working days upon having received your request. Naturally, we require some key information to establish your company:
Please fill out the application form carefully in its entirety.
Application forms for establishing a GmbH (limited liability company), AG (stock corporation), OG (general partnership), KG (limited partnership), and trust.
Mergers and Acquisitions (M&A), Asset Deals and Share Deals
We have assisted clients for many years in purchase and sales processes. Therefore, we know both sides of the coin of this business.
We structure successful transactions and are experienced in sophisticated models for gradual transfers or takeovers of companies. We also take into account safeguarding mechanisms, and make sure the seller receives his money on time.
We design and implement subsequent succession rules which consider the interests of young and old, thus ensuring a smooth transfer from one generation to another.
We get involved once the decision for a purchase or sale has been made. In a first step, we analyze our client’s desires in detail. We take the required time with our clients to prepare, discuss, and analyze the matter at hand. We have to know what you really want. What exactly is your ideal scenario?
Then we structure the transaction, complete with all financial questions and tax issues.
Occasionally, creative asset stripping results in an increased added value – a gold nugget which we greatly appreciate
Reorganizations (Fusions, Conversions, Dispartments, Contributions, Mergers)
We have many years of experience in all types of reorganizations and, when required, work together with an efficient network of tax advisors and auditors from the very beginning, thus ensuring you do not lose any time.
On short notice, we provide all required services for, and implement:
- Contributions,
- Dispartments,
- Mergers,
- Fusions,
- Physical divisions,
- Transformations,
- Establishment of foreign or off shore companies.
We have a global network to provide you with the necessary input for the establishment of foreign companies in a cost-effective and efficient way so that you can concentrate on your core business.
Preparation of Shareholder Meetings, Representation at Shareholder Meetings, Appeals against Shareholder Meeting Resolutions
We advise the responsible parties (Managing Director, Management/Executive Board, and Supervisory Board) and organize shareholder meetings, prepare the agenda and formulate proposals, ensuring the meeting is carried out smoothly.
We represent partners and shareholders at shareholder meetings and exercise our clients’ voting rights on their behalf, thus safeguarding shareholder rights.
We represent the interests of shareholders in appeals against shareholder resolutions. Of course, we are also attuned to the corporate viewpoints, having defended such appeals in several cases.
We advise our clients to appoint an experienced business lawyer already upfront, when preparing the strategy for asserting one’s interests, and not during active proceedings.
You will not regret following the advice and having a representative in a critical shareholder meeting looking after your interests.
Corporate Lawsuits
We are involved daily in enforcing our clients’ rights and claims. We know the business from both sides. Appealing against shareholder meeting resolutions is our daily business.
Our portfolio covers foreclosure actions, claims of consent, enforcing syndicate agreements, liability lawsuits against board members, executives and managers, as well as their defense, etc. We will gladly provide this know-how to you at any time.
Trust law
We have founded and looked after many well-known trusts and are thus attuned to the legal and commercial requirements of the most important protagonist. We will support you in
- establishing and managing trusts,
- advising founders, beneficiaries, and the executive board,
- taking over executive board and advisory board mandates,
- legal disputes concerning the trust.
Enforcement and Defense of Liability against Directors, Executives, Board Members and Members of the Supervisory Board
In the past few years, the defense and enforcement of liabilities against management has become a hotspot in corporate and company law.
We regularly enforce claims against management, executives and board members, and members of the supervisory board.
However, we also know the other side of the business, i.e. warding off company claims against managers.
Detailed preparation beforehand is crucial for asserting your interests. Well-gathered and thoroughly prepared information is an essential guarantee for possibly resolving problems out-of-court.
We are experienced in involving insurers, and also represent in liability claims.
Trusteeship
Sometimes, valid business reasons require the economic beneficiary to remain disclosed.
Taking over a trusteeship, though, calls for a reputable project which fulfills all legal requirements. Therefore, critical questions have to be answered upfront.
Suspicious or dubious projects are not our business.
Shareholder Exclusions
In Austria, shareholders holding less than 10% shares in a company can be excluded by means of an appropriate compensation. Such exclusion can be excluded from incorporation contracts. We offer our clients strategies for and against exclusions.
Founding Foreign or Offshore Companies
Our cost-effective, efficient global network delivers the required assistance and provides valuable input for establishing foreign companies – so you can focus on your core business.