Corporate Law and Commercial Law

Legal services in corporate law:

In corporate law, the law firm offers legal advice regarding claims and fundaments of the incorporation, implementation and cessation of private companies, commercial partnerships and incorporate companies. Furthermore, you receive legal support for the review and design of corporate agreements and statements. In addition, the law firm legally represents you in judicial proceedings by a lawyer in Germany and in extrajudicial negotiations to assert or ward off corporate claims and interests.

The legal services include:

Law of the OHG, GbR, GmbH, UG, KG, GmbH & Co. KG, AG
Legal draft and review of partnership agreements, shareholder´s agreement, procedural rules, articles of incorporation, company statutes
Formation of companies, choice and change of legal forms, liability limitations by company name
Appointment, exchange, termination and dismissal of executive bodies
Rights and duties of executive bodies, members of executive boards, supervisory boards, advisory boards, directors
Liability of companies and executive bodies, corporate compliance
Organisation and conduct of shareholder meetings
Capital measures
Change shareholders and members, transfer of shares, accession and withdrawal of shareholders
Severance package of withdrawing shareholders
Termination of partnerships and corporations, liquidation, dismissal
Law of clubs, charitable organisations and associations, establishment of foundations, cooperative society, law of non-profit status
Legal consulting of start-ups, entrepreneurs, spin-offs
Legal succession
Mediation of corporate conflicts and shareholder disputes

Legal services in commercial law:

The law firm offers in commercial law the legal drafting and review of commercial contracts and agreements of merchants and provides legal advice for the establishment, implementation and termination of commercial relationships under special consideration of the German commercial code (HGB). Furthermore, it supports the assertion or defense of commercial claims and interests by legal representation in litigation proceedings and extrajudicial negotiations.

The legal services include:

Commercial transactions, commercial sales and purchasing contracts
Commercial letter of confirmation
Storage contract, shipping contract, commission business, logistics agreement, forwarding contract, transport contract, apportioned contract
Distribution law, distributor agreement, commercial agent contract
Right to commission, claim for compensation of sales agents
General subscription and delivery conditions
Power of procuration, general power, commercial power of attorney
Law of the trading company, corporate name, corporate succession, participation, transfer of rights and assets, change of the legal form
Law of the commercial register, review of register entry and excerpt
Mediation of commercial conflicts

Legal services in transport law and shipping law

The law firm offers legal consulting and representation in transport and shipping law with regard to legal issues of the loading industry. It especially supports senders, freight carriers, recipients and storage keepers with the legal design of their contractual relationships and answers their legal questions relating to the carriage and storage of goods. The legal services include the draft and review of agreements regarding the nationwide or cross-border transport and storage of goods like contract of carriage, forwarding contract, storage contract or general terms and conditions. Thereby the law firm considers contractual clauses that reduce liability risks like the limitation of liability, exclusion of transport, notice of defects and limitation period.

In addition, the law firm provides legal advice relating to legislative rights and statutory obligations that the parties have to comply with in the course of the transport of goods, for example compliance with operational safety regulations, information obligation and labelling duties. Furthermore, it offers legal information about the German Freight Forwarders' Standard Terms and Conditions, especially with regard to information requirements, control duties or packaging obligations.

The law firm also offers legal consulting with regard to warranty and liability risks. Especially if transport damages occur caused by the loss or delay of dangerous goods, it asserts damaging claims. In any case, the law firm supports extrajudicial dispute resolution procedures to achieve a fast and cost-effective solution of legal conflicts.

Moreover, you receive legal information by the law firm about new legal regulations, current judgments and especially legislative changes of the German Code of Commercial Law and the Civil Code which are relevant for legal matters in transport law and shipping law.

The legal services also refer to the following content of German law:

Freight contract, shipping agreement, commercial transaction, contract of carriage, transport agreement, moving contract, wage loading contract, contract of agency, international consignment of goods, commission
Shipping documents, waybill, delivery note, consignment bill, warehouse, accompanying documents according to CMR, CMI, CMNI
Liability, warranty, exclusion of liability, assignment, relief from liability, force majeure, recourse
Claim for damage compensation, value replacement, payment, remuneration, compensation, customs clearances, takeover, offset, reimbursement of expenses, right of retention, notice of claims, cargo, pledge
Mediation of conflicts in transport law and shipping law

Contact the MERCATIUS® business law firm if you need a German lawyer or more information about its legal services in Germany.