We advise companies on the sale and purchase of businesses as well as the acquisition of shares throughout the entire process. We help you with the search for investors, conduct due diligence, handle the contract negotiations and the drafting of the contracts and finally support you during completion.
In particular, we advise on asset deals, share deals, MBOs, mergers and the reorganisation of corporate or group structures with a focus on distressed M&A transactions and the sale and purchase of companies out of insolvency proceedings.
We advise medium-sized companies on company succession. Early planning is indispensable when it comes to company succession. The implementation of succession requires professional advice which covers all legal options and takes tax aspects into account. Emotional aspects often also play a major role in family businesses. In conflict situations, an outside advisor with an objective view of the situation can devise acceptable solutions for all parties involved. An unresolved succession situation can easily become a reorganisation issue. After analysing the initial situation, we develop a concept, if necessary for reorganisation, with integrated succession planning, which includes a catalogue of measures until full implementation.
Management is particularly challenged if a business is in crisis. When implementing performance-related restructuring measures, the managing director must not lose sight of the legal framework. Our specialist lawyers accompany and support you in this challenging time with the necessary expertise and always assess the upcoming measures and decisions against the backdrop of the legal provisions and the sometimes narrow requirements of case law regarding management liability in order to exclude your personal liability.
If a claim has already been made by an insolvency administrator, we will advise you competently and in a goal-oriented manner in order to ward off civil claims and, if possible, settle them out of court.
In the event of criminal investigations by the public prosecutor for insolvency offences such as the accusation of bankruptcy, delayed filing for insolvency or fraud involving false pretense (Eingehungsbetrug), we cooperate with experienced criminal defence lawyers, who we recommend.
Already ahead of a crisis, but especially at the brink of an insolvency of a contractual partner, obtaining advice on risk minimisation is highly advisable. This includes the drafting of contracts and general terms and conditions which can not be contested during insolvency as well as agreeing the most comprehensive security rights possible.
At the first sign that a contractual partner is facing a financial difficulties, it is recommendable to seek advice from one of our lawyers specialising in insolvency law. This is all the more relevant if the business relationship with the insolvent company is be continued in order not to aggravate any damage that may already have occurred.
Advice on Avoidance in Insolvency
It is one of the duties of an insolvency administrator to assess avoidance claims (Anfechtungsansprüche) under the rules of the German Insolvency Code (Insolvenzverordnung) and, if the legal requirements are met, to assert them. These are reimbursement claims against creditors, usually involving the repayment of monies paid by the insolvent company to suppliers, landlords or other creditors before the insolvency. Our specialist lawyers advise creditors who are confronted with avoidance claims and represent them in and out of court. The enforcement of an avoidance claim is by no means a foregone conclusion for an insolvency administrator. The prerequisites for a justified recovery are narrow. They require a precise assessment of the legal situation, taking into account the statutory provisions and with knowledge of the extensive applicable case law. Clients appreciate our special experience in this complex area of law, not least because we know both sides. We always assess the circumstances from the insolvency administrator’s point of view as well, thus being successful in defending avoidance claims.