One-stop shop for advice on tax and legal matters


We provide assistance for:

  • German and International Companies,

  • Freelancers and Private Individuals,

  • German and other Nationals,

  • Artists and Sportspersons.

 

 

Fanny-Zobel-Straße 11
12435 Berlin
Tel.: +49 (0)30 – 53 60 388-0
Fax: +49 (0)30 – 53 60 388-90
This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

Legal Advice

Commercial Law

Foundation of Companies and Changes to Corporate Form

We can provide comprehensive support for both German and non-German nationals when founding new companies in Germany:

We will identify the most appropriate legal form, which will depend on various aspects such as the size of the company, finance, the flexibility desired for restructuring, internal organisation and staff participation, matters of liability and, last but not least, taxation.

In addition, we will draw up and check the required contracts i.e. for company agreements, managing partnership agreements, employment contracts, rental, purchasing and sales contacts as well as any General Terms and Conditions required.

We can even handle administrative aspects of the foundation process and deal with authorities for you. In such cases we will represent you as far as possible at the Tax Office, Trade Office, the Commercial Registry or else – where persons not resident in Germany are involved – to foreign authorities.

For existing companies, we can advise on any possibilities for optimising legal and taxation matters by changing to a different legal form or restructuring. Conversions or restructuring of his type is often recommended where there are changes to the size, setup or liability risks or in case of changes to existing laws, for instance when new company forms are launched.

Liquidation and Insolvency

Legal and taxation issues will arise when your own company or that of a business partner encounters economic difficulties.

In such cases we can advise about whether your own company should be liquidated or whether, to prevent personal liability of managing partners for instance, it would be better to register the company bankrupt. In crises like these, a minefield of legal issues need to be clarified e.g. how to handle shareholder loans that replace own capital or whether restructuring might prevent comprehensive liquidation or insolvency.

In case of actual bankruptcy of business partners or where there is a threat of this, we will help you to salvage what you can.

Employment Law

We will draw up and check employment contracts for you and advise in case of cancellations of contract or resignations.

Over and above this we will advise on the possibility of the supply of temporary workers and any problems that might occur with this and apply for the required approvals.

Social Security Law (fictitious Self-Employment)

The question of social insurance obligations will often arise – especially with regard to the activities of managing directors and family members.

A similar problem is the frequent question of whether freelancers really are freelance (e.g. if they work mainly for one employer) – which, at least in the judgement of Social Security, they often are not.

If this issue is dealt with incorrectly, it can lead to retrospective payment demands that may put your existence at risk (in case of fictitious self-employment).

These problems can usually be avoided by the prompt checking and appropriate clauses in employment contracts.

In suitable cases, a status determination process should be carried out for social security purposes.

Contract Law and Terms and Conditions

We design and check, for instance, company agreements, management agreements, employment contracts, rental, purchase or sales contracts.

In addition, we will check and draw up General Terms and Conditions and assist you in implementing your own general terms and conditions over those of your contract partners.

When handling contacts, we will help you to enforce or fend off claims for fulfilment, claims for damages, reductions etc.

Competition Law

In the area of competition law we can help you for instance if you receive a warning due to apparent infringements of copyright law or with competition protection clauses.

International Law

These days nearly all companies are international operations in some way or another.

The question therefore arises as to whether German or foreign jurisdiction is applicable to a matter and whether German or foreign courts are responsible.

We will help you to clarify such questions and to influence these issues for your own interest using suitable contract clauses.

Enforcement of Payments

We will help you to enforce claims against defaulting debtors as quickly as possible for the least possible costs e.g. using a dunning procedure.

Civil Law

Contract Law

We can also assist you when it comes to individual law with all contract-related issues: e.g.

  • if you want to have a contract checked by a lawyer before you sign it;

  • if you have signed a contract but wish to withdraw from this or revoke it;

  • if you have signed a contract and the other party is not meeting its obligations.

Real Estate Law

We will assist you for instance

  • when purchasing and selling real estate;

  • if you require a credit and wish (or are obliged) to lay down a land charge or mortgage on your land plot or residence;

  • if you wish to lease or rent apartments and want to use a contract for this or have it checked;

  • if you – as a tenant either of commercial or residential property - have problems with your landlord or tenants (due to increases in rent, renovations, accounting, defects, cosmetic repairs).

Matters of legal taxation are at least as important in property law as matters of judicial law. This is where our one-stop for legal and taxation advice will prove its value.

Family Law

As well as advice on individual questions, we provide comprehensive consultation and representation in case of

  • Separation or divorce with handling of divorce effects,

  • Custody rights,

  • Right of contact and access,

  • Compensation for increase in value,

  • Pension rights adjustment.

We can also offer you, in the area of family law, a joint consultation on legal and taxation issues - the latter being equally important for maintenance, pension rights and adjustment and compensation for increase in value.

In such cases, it is important a consultation takes place as early as possible:

  • How can a sensible solution be reached promptly to prevent disputes about custody and access rights placing unnecessary strains on the children?

  • What is the best way to prevent, right from the outset, assets depreciating after separation to reduce maintenance claims or claims for increased compensation? What business and taxation design options are permissible to prevent excessively high payments?

  • A joint legal and taxation consultation is important in such cases in order to set the correct course early on.

  • How can an amicable solution be found to all matters in a nuptial agreement prior to divorce so that the divorce is merely one short appointment with no disputed points?

In every case we will be guided first and foremost by your own requirements: we can handle matters as fairly as possible and act in the interest of all parties or else consistently represent the interests of one party.

Inheritance Law

We can provide you with advice on legal and taxation matters when putting together your will:

Ensure you obtain advice early on in order to exploit all the options for making your ideas of how your inheritance should be dealt with a reality:

  • Are certain individuals to be particularly safeguarded?

  • Who is entitled to a statutory share, what does this mean and how can we influence the statutory share?

  • How can the succession and the taxation burden be deliberately influenced using sensible endowments during your lifetime so you can still profit from your estate yourself?

  • How can taxation benefits be attained (maximising tax exempt amounts by contributions subject to a condition subsequent, endowment in due time while alive for repeated exploitation of tax exempt amounts)?

Entrepreneurial wills are a particularly complex topic. With these it is important to ensure that the company can continue to exist even in case of inheritance and does not have to be ruined due to compensation payments to fellow heirs or those entitled to statutory shares or due to excessive inheritance tax burdens.Securing the long-term existence of the company by means of a sound nuptial agreement and by appropriate clauses in the company contract is however just as important as an entrepreneurial will.

Another important topic is the increasing number of international inheritance cases i.e. inheritance cases with a foreign basis, either because the deceased or at least one of the heirs lives abroad or where at least a part of the estate is located abroad. In such cases checks need to be made and there is a need to consider which inheritance jurisdiction is applicable, what sorts of consequences this has (there is no entitlement to statutory share in many foreign jurisdictions for instance) and the extent to which you can use your own influence e.g. by selecting the applicable jurisdiction. Taking into account taxation aspects is equally important in this context, too. The threat of double taxation looms more frequently than one might imagine with international inheritance cases and this can have fatal consequences for finances.

Besides setting up a will, we will assist you in handling legal and taxation matters with inheritance cases here too. As sad as the death of a close person is, there is nonetheless much to be considered and done:

  • Accepting or renouncing the inheritance;

  • Bringing to bear liability restrictions;

  • Applying for a certificate of inheritance;

  • Contact with fellow heirs, entitlement to statutory shares, legatees and will executors where applicable;

  • Enforcement and defence of rights to information and payment;

  • Submission of inheritance tax declaration.


Notarial Work

Company Law

Our notary will provide you with advice when founding, restructuring or registering changes within companies and certify the necessary contracts, declarations and registrations.

Property Law

The notary will design and certify e.g.

  • real estate and property purchasing contracts,

  • property development contracts and

  • creation of land charges and mortgages.

Both sides will in particular receive advice about the risks and appropriate collateral options, cancellation or continuity of charges, warranties for defects, transfer of ownership, entitlements and encumbrances, breakdown of development costs or surveying requirements when purchasing subareas.

Inheritance Law

Our notary will advise you on matters relating to your final will and testament, in particular on making a will or an inheritance contract and taking into account legal and taxation aspects (right to statutory share, crediting of endowments, multiple utilisation of tax exempt amounts, avoiding double taxation in cases with a foreign basis).

He will also support you when handling your estate e.g. by negotiating and applying for an inheritance certificate, accepting or renouncing an inheritance.

Family Law

In the area of family law, our notary in particular certifies nuptial agreements, agreements on the effects of divorce and maintenance declarations.