Corporate law

A considerable focus of our consultation work is corporate law. Business activities are only very rarely conducted outside a company. The motivation here is not only to link several persons with a common goal, but also the wish to limit liability to a defined estate. We will advise you on the corporate form (a capital company such as a GmbH or AG , a personal company such as a BGB-Gesellschaft, Kommanditgesellschaft, or even a public investment fund company) best suited to your situation. Aside from the fiscal issues, the choice of the right corporate form also depends on the liability of the company owner, the structure of the leadership powers (management, representation) and on flexibility in corporate succession; from a fiscal point of view, it is tax burdens that are relevant for the choice of legal form. Taxation aspects are however only one criterion - and not always the most important one - relevant to the choice of legal form. A legal form selected purely on the basis of fiscal considerations can lead, among other things, to an unfavourable or even incorrect business decision. It is important therefore to bring the strategic and economic goals of a company into line with the legal and fiscal options and to select the appropriate legal form on that basis.

Conversion law and tax reorganisation law offer a wide range of options from which to select the ‘appropriate legal form’, even after formation.

In the course of every human interaction there are occasionally disagreements, and so it is with business partners. We can advise you in the case of corporate law disputes. This applies equally to the preparation and implementation of contractual apportionment of property (for instance on the basis of a partner’s withdrawal), and to support in the case of a dispute (for instance in the case of a court action or arbitration proceedings).

Our comprehensive corporate law advice does of course also take account of specific professional law or professional ethics requirements, for instance the requirements of the German Kassenarzt regulations (applicable to physicians treating patients in the government health insurance schemes).