Commercial and corporate law

In business life, the rise and fall of a business depends not only on the entrepreneur’s business skills but also on the legal protection provided in the overall economic context.
In contrast to the general civil law applicable to all private individuals, special due diligence requirements apply to merchants.

The many possible company forms – from sole traders to general partnerships and stock corporations – give rise to a variety of legal issues. These arise not only at the start of the actual economic activity, but also in the run-up to the formation planning, financing and contract drafting.

I. Sole traders:
The following questions arise in particular before commencing business activities:

• start-up planning and financing,
• Commercial register issues,
• the legal structure of business relationships,
• dealing with rights and obligations in commercial transactions,

with the start of economic activity:

• How should commercial transactions be contractually secured?
• What special features need to be considered when doing business with other merchants and sales agents?
• Observance of trade rules and customs,

 

II The trading companies
The following questions arise before commencing business activities:

• the choice of the appropriate company form,
• the contractual relationship with co-shareholders,

with the start of economic activity

• How should the decision-making process take place within society?
• How do you settle disputes between shareholders?
• What needs to be considered when dealing with employees?
• What to do in the event of economic difficulties?

In the event of shareholder conflicts, the following questions should be considered:

• the separation from a shareholder,
• the dissolution of the company,
• the settlement of the assets (including any debts).

Commercial and corporate law is handled by our lawyer Michael Loewer.