Commercial law
Advice on corporate and partnership law
There is a lot to do and consider when setting up, reorganising, and restructuring a company.
Drafting contracts is no easy feat.
Luckily, we know the ins and outs of corporate law.
You can rely on our many years of experience in advising family businesses and medium-sized companies in various sectors.
Company formations
Certain company formations are a walk in the park; others not so much. It all comes down to the legal form of the company. Choosing the ideal legal form for your company depends on the individual circumstances and the purpose of your company.
Aspects to keep in mind include, for example, how capital is raised, the personal liability of the shareholders, tax considerations, and possible licensing requirements in certain sectors (e.g. trade, goods transport).
Before setting up a company, it is crucial that the following points are given consideration:
Intellectual property rights
It is important to check the extent to which intellectual property rights can be asserted (e.g. for products, patents, logo, website).
Location
Getting the location right is key when it comes to giving your company the image you want to achieve.
Registrations
Several registrations need to be made when a company is founded. Invoices cannot be issued without a tax number or a VAT identification number issued by the tax office. The trade office, your local Chamber of Industry and Commerce, the Chamber of Crafts, and the Federal Employment Agency (if you plan to recruit employees) must also be informed about the formation of your company.
Licences
Licences and permits or certain qualifications that are required for some types of companies or sectors are an important consideration in the company formation stage. Detailed information can be obtained from the relevant authorities (e.g. Chamber of Crafts, health authorities). In some cases, the Chamber of Industry and Commerce may need to evaluate your expertise.
Business account
Corporations can only be registered with the commercial register by the notary once at least half of the share capital has been paid into the company’s business account. Although a separate business account is not mandatory for sole traders or freelancers, setting up a business account is recommended in order to separate private and business finances.
Insurance policies
Depending on the industry in which you operate, several insurance policies are available to help you avoid financial repercussions and risks.