Corporate & Commercial
MARTIN ZIKELI
Corporate & Commercial Expert
m.zikeli@attys.law
SASKIA LEOPOLD
Commercial Expert
s.leopold@attys.law
At ATTYS, your economic goals are our top priority in the area of Corporate & Commercial Law. We support you in the formation and structuring of your company, guide you through complex contract negotiations, and help you implement strategic business decisions with legal certainty. Our experienced team offers tailored legal solutions aimed at optimizing your economic success. Regardless of whether corporate restructuring, M&A transactions, or contentious disputes are concerned, we are your partner for all legal challenges to ensure that your business operates securely and successfully.
Corporate Disputes
Are internal conflicts within your company threatening your economic goals? Corporate disputes often involve crucial issues such as corporate governance, profit distribution, business strategies, and minority rights, requiring precise legal analysis and strategic action. These conflicts can lead to complex legal proceedings with significant impacts on a company’s financial success. Our experts at ATTYS are here to support you in preparing and conducting contentious general or shareholders’ meetings. We are dedicated to enforcing your shareholder rights and representing your interests in challenging resolutions from general or shareholder meetings. Furthermore, we take decisive legal action against misconduct by corporate bodies such as managing directors, board members, or supervisory boards. With our expertise, we protect your economic interests and help you assert yourself against co-shareholders or undesirable corporate bodies.
Joint Ventures and Cooperation Agreements
In today’s globalized economy, joint ventures and collaborations are not only common but often essential to achieving your business goals and entering new markets. Our experts at ATTYS are your reliable partners in structuring and implementing effective joint venture agreements and cooperation contracts. We help you comprehensively define the rights and obligations of all partners, ensuring that your partnership is built on a solid legal foundation. From negotiating contract terms to drafting customized agreements, we are committed to realizing your economic objectives and securing successful, long-term collaboration with your joint venture or cooperation partner.
Capital Measures
Capital measures are crucial for the strategic development of your company. They involve key decisions to optimize your capital structure and adjust capital requirements, such as capital increases, capital reductions, conditional capital increases, authorized capital, capital cuts, or the conversion of financial instruments (convertible loans). At ATTYS, we provide comprehensive legal support for all capital measures, regardless of your company’s size. Our team offers personalized and expert advice in the planning and execution of these measures, ensuring that your business can continue to grow and develop successfully.
Manager Liability
In the world of corporate governance, manager liability is of critical importance. Executives and managing directors bear significant legal responsibility for their decisions and can be held personally liable under corporate, civil, or (administrative) criminal law, especially during times of operational difficulties or financial distress. Managers often face claims for damages from creditors or even their own companies. At ATTYS, we are your competent partner in helping you understand your legal obligations and representing your interests in all legal and administrative proceedings, particularly in defending against claims for damages.
M&A-Transactions
M&A transactions are as diverse and unique as the companies executing them. Whether you are a private equity investor looking to acquire a business or a family business owner seeking to sell your company to a suitable successor, these processes require both precise planning and deep expertise. At ATTYS, we specialize in mergers and acquisitions, providing tailored support at every stage of your transaction. From drafting a Letter of Intent, structuring your transaction from a tax perspective, conducting due diligence to negotiating and drafting the necessary agreements, we guide you through each step of the transaction process. Our goal is to help you achieve your economic objectives with legal certainty. Trust in the experience of our experts to ensure your business acquisition or sale is handled efficiently and successfully.
Choice of Legal Form and Company Formation
Choosing the right legal form and founding a company are crucial steps that require careful legal, tax, and economic considerations. At ATTYS, we assist you in selecting the ideal legal structure tailored to your specific needs and goals by analyzing key aspects such as liability, capital, taxation, and management with you. Our team drafts customized articles of association and ensures the smooth registration of your company in the commercial register. Rely on our expertise to lay a solid foundation for your business from the very beginning.
Start-Up and Venture Capital
Are you launching a new business or seeking the ideal funding for your innovative ideas? At ATTYS, we specialize in start-ups and venture capital, offering tailored support to entrepreneurs looking to bring their visions to life, along with investors looking to participate. We guide you efficiently and with legal certainty through every step of the process—from selecting the optimal legal structure, drafting shareholder agreements, investment, and participation contracts to implementing effective employee participation programs. We understand your needs and offer a one-stop-shop for all the legal services required to kickstart and grow your business sustainably. Rely on our expertise to help you achieve your entrepreneurial goals.
Syndicate Agreements and Shareholder Agreements
Syndicate agreements and shareholder agreements are the backbone of any successful partnership. They define what truly matters behind the scenes—covering everything from voting rights to tag-along and drag-along rights, and corporate financing. We understand that these agreements are more than just formalities; they are the foundation for your strategic decisions. Our team drafts customized agreements that protect your legal interests and drive your business vision within the shareholder group.
Corporate Restructuring
Corporate restructuring involves legal processes where an existing company changes its legal form or reorganizes itself to generate or maximize economic and tax advantages. Whether you are aiming to optimize your corporate structure or to carry out mergers or acquisitions, we are here to support you. Our experts provide comprehensive advice on all types of restructurings, including mergers, conversions, contributions, consolidations, demergers, and spin-offs. Especially when it comes to cross-border restructurings under the EU Reorganization Directive, you benefit from our strong network and collaboration with experienced partner attorneys in various countries. With our expertise, you can optimize your corporate structure and ensure long-term economic success.
Consumer Protection
Are you confident that your business complies with all consumer protection regulations? We help you avoid legal pitfalls while maintaining economic efficiency. Our team reviews your online presence and sales process to ensure compliance with key requirements—ranging from information obligations to cancellation rights and warranties. In addition, we assist you in drafting or optimizing your terms and conditions (T&Cs), ensuring that you are legally protected and can focus entirely on selling your products.
E-Commerce
Are you fully compliant with the legal requirements in e-commerce? The E-Commerce Act sets clear rules for online trade and the provision of digital services, particularly concerning the conclusion of electronic contracts. These regulations apply to contracts made via websites or similar platforms and require providers to fully inform users and offer the ability to correct input errors. While missing confirmation of receipt doesn’t invalidate the contract, it can lead to claims for damages. Furthermore, contract terms and conditions (T&Cs) must be provided in a way that allows them to be stored and reproduced. Failure to comply with these obligations can result in fines and jeopardize your business. These rules apply to both consumer transactions and business-to-business commerce. We assist you in navigating these legal requirements and ensuring that your online business is fully compliant with e-commerce laws.
Distribution Contracts
How can you optimize your distribution strategy to ensure maximum efficiency and legal security? The distribution of goods and services—whether through your own network of stores, wholesalers, retailers, authorized dealers, commissioners, brokers, franchisees, or commercial agents—is crucial to your company’s success. We are happy to assist you in drafting or reviewing commercial agent or commission contracts. Key aspects include the design of contract terms, the rights and obligations of the parties, non-compete clauses, liability issues, intellectual property protection, termination periods, and severance payments. In addition, both EU antitrust law and national competition law play important roles.
Terms and Conditions (T&Cs)
Ensure your business is legally protected: We assist you in drafting or reviewing your Terms and Conditions (T&Cs). T&Cs govern the rights and obligations between you and your customers and are crucial for a legally compliant business operation. No matter whether liability issues, payment terms, retention of title, or warranty claims are involved—we ensure that your T&Cs meet current legal requirements, particularly under consumer protection laws, and are tailored to your company’s specific needs. With our expertise, you can avoid costly legal disputes and ensure clarity in your business dealings.
International Commercial Contracts
Is your company engaged in international trade and in need of support to ensure your export business is on a solid legal footing? We provide comprehensive advice on export and import contracts, especially for complex service agreements such as plant construction contracts. In addition to the primary performance obligations, key elements of these contracts include the correct application of Incoterms and securing payments through documentary credits or warranty claims through bank guarantees, which are essential for safeguarding your business success. Leverage our legal expertise in international trade, particularly if your client requires a buyer credit to finance your goods and services—offering them an attractive advantage to buy from you. Trust our experience to make your international business relationships efficient and legally secure.
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