Dr. Richard Nouvertné is an experienced lawyer who provides his services to Schlun & Elseven Rechtsanwälte PartG mbB. As a lawyer with a deep understanding of the financial sector, he offers private individuals and companies extensive legal advice and representation in all corporate and banking law matters. Insolvency law and German forestry law are legal areas where Dr. Nouvertné has in-depth knowledge built on many years of legal practice.
From banking contract law to money laundering and German bank tax law to the support of bank board members – Dr. Nouvertné supports and advises our clients on all questions of German banking law. As a former member of the board of a banking institution, he has many years of experience and extensive prowess in this legal field.
Dr. Nouvertné’s main areas of practice include legal advice and representation in cases of banking misconduct (e.g. due to an incorrect loan termination, account management or interest calculation) and the review of restructuring projects or loans. It is not uncommon for loan guarantees that were to be granted to the client to turn out to be problematic, especially if they involve unlawful land charges or unworkable guarantees. Violations of banking supervisory law can also give rise to claims for damages by the loan client against the financial institution.
As a rule, Dr. Nouvertné first endeavours to settle banking disputes out of court and to work out a clear and practicable solution.
Whether establishing a company in Germany, expanding a business or drafting the enterprise’s articles of association, Dr. Nouvertné is your reliable contact for all matters relating to German corporate law.
As an experienced legal advisor, he always ensures clarity in the conclusion of contracts, especially in legally complex loan and security agreements. But his in-depth expertise also proves invaluable in restructurings and insolvencies as well as in questions of consumer protection. Furthermore, the rights and duties of the managing director and the question of the personal liability of board members form a focal point of Dr. Nouvertné’s advisory work.
In legal disputes between shareholders, he provides legal assistance out of court and, if necessary, in court, that is extensive and committed. Dr. Nouvertné’s clients include internationally and regionally active companies of all sizes.
German Insolvency Law Expertise
Economic crises and insolvencies usually present a company with considerable challenges and necessitate the appointment of a competent legal specialist.
Dr. Nouvertné supports you as a creditor in avoiding bad debts by filing your claims in the insolvency proceedings in due form and time, thus ensuring that your interests are protected.
If you are facing payment difficulties, he can first assist you by providing comprehensive advice regarding your private and business asset situation. He will then take over the negotiations with the creditors on your behalf. If this out-of-court attempt at debt settlement still does not bring a solution, Dr. Nouvertné will file an application for the opening of insolvency proceedings on your behalf, with the aim of paving the way for you to become debt-free through a discharge of residual debt.
A further area of focus for Dr. Nouvertné’s advisory work is German forestry law.
As an expert in German forestry law, he represents forest owners, forest operators, forestry associations and forestry cooperatives. As the managing director of a forest owners’ association, he is familiar with the economic and legal challenges of the trade as well as with the funding opportunities for forest owners in connection with EU law.
Whether he is assisting you in applying for state aid, in expropriation and other administrative law procedures or drafting lease or utilisation agreements, Dr. Nouvertné is your reliable contact for all German forestry law matters.
After successfully completing his law studies at the University of Bonn, Dr. Nouvertné wrote his doctoral thesis on the subject of “Easements and Real Easements as Means of Security”. As a legal advisor, he headed the legal and loan processing department of a credit institution for several years before finally taking over its market and board responsibilities. In addition, Dr Nouvertné has acted as an examiner for tax advisor and auditor exams for several years.
“Die Zulässigkeit risikoadjustierter Zinsanpassungsklauseln in AGB”, Sparkasse 2001,422ff (“The admissibility of risk-adjusted interest adjustment clauses in general terms and conditions”);
“Bürgersolaranlage im Kreis Heinsberg ist eine nachhaltige Geldanlage”, Betriebswirtschaftliche Blätter 2009,520ff (“Citizens Solar plant in the Heinsberg district is a sustainable investment”);
“Sind Payerswaps adäquate Instrumente im Hypothekengeschäft?” Betriebswirtschaftliche Blätter 2009,633ff (“Are payer swaps adequate instruments in the mortgage business?”);
“Fußangeln in der Rechtsnatur von Beratungsgesprächen”, Bank und Markt 2010,44ff (“Footsteps in the legal nature of advisory meetings”);
“Sicherungsdienstbarkeiten bei Investitionen auf Pachtgrundstücken”, Betriebswirtschaftliche Blätter 2011,223ff (“Collateral servitudes for investments on leasehold properties”);
“Die Sicherung schuldrechtlicher Nutzungsrechte durch Dienstbarkeiten”, BKR 2012,52ff (“Securing rights of use under the law of obligations through easements”);
“Der Interessenausgleich zwischen Bank und Kreditnehmer bei Financial Covenants”, ZIP 2012,2139ff (“The reconciliation of interests between bank and borrower in the case of financial covenants”);
“Die langfristige Vermietung sicherungsübereigneter Mobilien”, BKR 2013,414ff (“The long-term letting of chattels assigned by way of security”);
“Risikoverlagerung auf Verbraucher in Banken-AGB”, BKR 2014,496ff (“Transfer of risk to consumers in general banking terms and conditions”);
“Vertrauensschutz bei der Änderung höchstrichterlicher Rechtsprechung zu Banken-AGB?” ZIP 2015,1617ff (“Protection of confidence in the amendment of supreme court rulings on banking terms and conditions?”);
“Die leichtfertige Unterlassung von Geldwäscheverdachtsanzeigen beim Onlinebanking”, WM 2017,1544ff (“The frivolous omission of reports of suspected money laundering in online banking”).