General corporate law

Starting a business or establishing a company can be both a thrilling and overwhelming experience. If you have a business idea that you want to put into action and build a company from scratch, you need proper legal advice. At Kürn Rechtsanwälte, we give you exactly that and answer any questions you may have relating to setting up your own company. One of the first questions you will be confronted with is which legal form is best suited for your company. The German legal system provides for a variety of forms of incorporation: “Gesellschaft bürgerlichen Rechts” (GbR), which is a partnership under civil law; “Kommanditgesellschaft (KG)”, comparable with a limited partnership in Anglo-American law; “Offene Handelsgesellschaft” (abbreviated to OHG), which is similar to a general partnership with unlimited and personal liability; GmbH & Co. KG, a limited partnership in which the general partner is an LLC; and other common forms such as Gesellschaft mit beschränkter Haftung – GmbH (comparable to an LLC) or Aktiengesellschaft (AG),which compares with the American Inc. We will show you the advantages and disadvantages of the various legal forms and help you decide which form to choose for your particular business.

In addition, we advise you on various other aspects that you need to know before establishing a new business, such as the required share capital or capital stock, the articles of association or operating agreements, statutes or by-laws, your voting rights and your rights and duties as a shareholder or member of management (managing director or member of the board), etc.We draft the contracts between you and the management (managing director or board of directors agreement) and make sure you comply with the legal regulations applicable to the appointment and dismissal of members of the management and other corporate organs such as the supervisory board or the advisory council.

You can also count on our expertise if you prefer to invest in an already established company rather than starting your own one. We will explain the benefits and risks you may encounter with your investment, and point out which aspects require particular attention. If you are interested in a silent partnership without accepting an active role in the company’s management, we provide you with the necessary information on typical silent partnerships and atypical silent partnerships, and advise you on the possibilities and risks as a trustor or grantor of profit participation loans.

Are you a managing director, board member, or member of an advisory council or supervisory board, and need legal assistance? At Kürn Rechtsanwälte, we help you solve your internal corporate legal matters. Our services include, for instance, the preparation of your invitations to the general or shareholder meeting so that you don’t have to worry about complying with the strict requirements of the law, the articles of association, or the bylaws, etc. We help you with the wording of forms for a shareholder resolution or general meeting resolution,and are at your disposal during the shareholder or general meetings.