One of the most fundamental decisions in the founding phase of a start-up company is based on company law and faces the question of how the founding team will cooperate, the level of liability they will face and their plans for the future.
It is specifically about choosing the appropriate corporate form for your business idea. For this purpose, the parties involved must clearly define the economic and entrepreneurial goals of the start-up company in advance. This is because the different legal forms that come into consideration differ concerning central factors, e.g., the company’s assets, the liability of the company or the managing directors and partners, the ability to act, and tax obligations.
There is a choice between the more affordable partnerships – such as the GbR or OHG – and the corporations – such as the GmbH or UG – which, in return, grant the possibility of personal exemption from liability for the partners. Furthermore, hybrid forms such as the GmbH & Co.KG or UG & Co. KG are conceivable.
Our attorneys will work with you to find the most suitable corporate form and assist you in all company and partnership formation steps. This begins with the first consultation on the company’s establishment to determine the goals and legal structure of the start-up company and work through the business plan. Then the articles of association are drawn up and adopted, and the company name is entered into the commercial register. This is followed by the notarisation of the articles of association and the payment of the share capital. Finally, we arrange the company’s registration in the commercial and tax and business registers.
Another critical area of corporate law covered by our lawyers is related to M&A corporate transactions and due diligence audits. We support you and your start-up company in mergers, takeovers and the exit, i.e. the sale of a company as the final start-up phase. We also pave the legal way for companies’ mergers, restructuring and transformation. We subject all these intended corporate transactions to a careful due diligence examination to provide a detailed overview of the advantages and disadvantages. We also offer comprehensive support in the due diligence examination of your start-up.
In addition, we offer legal support for national and international joint ventures for your start-up company. We facilitate the preparation, organisation and actual realisation of a joint venture, whereby creating a collective consensus often presents a particular challenge. We can ensure that the essential discussion points in joint venture negotiations are worked through and that mutual interests are brought to a compromise.
Furthermore, we will advise and represent you in the liability of directors and shareholders and many other areas of German corporate law.