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Corporate / M&A

We advise companies, shareholders, investors, managing directors, board members and supervisory board members comprehensively on all questions of national and international corporate law. This applies both to structuring advice (structuring, transformations, liability avoidance) and to disputes (shareholder disputes, court disputes, arbitration proceedings).

We are experienced in corporate transactions (including M&A, private equity, venture capital), tax structuring and succession planning.

Together with our specialists in the fields of capital market law, intellectual property law, tax law and antitrust law, we represent your interests in a goal-oriented, assertive and long-term manner.

Tax law

Good tax advice is the basis for the success of entrepreneurial activity as well as private wealth creation and protection. We advise corporations and partnerships on all aspects of tax structuring and tax planning – both nationally and internationally, including M&A and company acquisitions.

Individuals rely on our expertise in the areas of tax-centered wealth planning, inheritance and asset succession. We provide preventive advice on tax and commercial criminal law (compliance systems) and defend our clients in ongoing criminal investigations and before the criminal courts.

As tax lawyers, we represent our clients in tax audit proceedings and in court proceedings before the fiscal courts and the Federal Fiscal Court.

As advisors to your advisors, we are also involved (and always under client protection) by tax advisors, auditors and legal colleagues in ongoing issues and proceedings for their clients and provide advice to the outside world acting together or in the background.

Commercial / Contract law

Intellectual property is the basis of success in many companies. It is therefore advisable to protect this property from product and brand piracy. Our experienced team advises and represents you in all matters relating to intellectual and industrial property and competition law. Thinking strategically, our specialists put themselves in your company’s shoes and ensure that your business success is not jeopardised by the actions of third parties.

Compliance / Supervisory law

In an increasingly regulated business world, compliance with regulatory requirements is crucial. Our lawyers have in-depth expertise in regulatory law and can provide you with tailored advice. We help companies understand and implement the many requirements and regulations in the area of regulatory law. Our services range from advising on compliance issues and assisting with authorisation procedures to representing your interests in dealings with supervisory authorities. We specialise in navigating companies through the often complex and constantly changing legal framework.

Expertise

CORPORATE

GmbH & Co. KG (limited commercial partnership): Federal court of justice (BGH) completes its case law on management liability

Christoph Schmitz-Schunken

15.08.2023
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CORPORATE

Private address of the managing director in the commercial register?

Christoph Schmitz-Schunken

13.07.2023
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CORPORATE

Virtual shareholders’ meeting of the GmbH

Statutory regulation makes many things easier, but articles of associations are still important

Christoph Schmitz-Schunken

15.06.2023
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CORPORATE

BGH Judgement: Self-appointment of managing directors in the group and the prohibition of self-dealing

BGH Judgement: Self-appointment of managing directors in the group and the prohibition of self-dealing In group structures, it is not uncommon for members of the management board of a stock corporation to become involved in the management of subsidiaries. However, when stock corporation board members appoint themselves as managing directors of a wholly-owned GmbH (German Limited Liability Company) subsidiary (the Company), the law may reach its limits. Whether and under what conditions a “self-appointment” is possible and whether the interposition of an authorized representative changes anything – the Federal Court of Justice (BGH) ruled on this at the beginning of 2023 (BGH, judgment of 17.01.23, ref.: II ZB 6/22).

Christoph Schmitz-Schunken

02.06.2023
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COMMERCIAL

The right of cancellation: Consumer protection or protection from consumers?

(Comment on the decision of the ECJ of 17 May 2023 in case C-97/22)

Christoph Schmitz-Schunken

24.05.2023
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