On the subject of succession

When good follows

The most important thing when it comes to succession is to ensure that it is properly regulated. This applies to family businesses, especially when the main priority is continuance and establishing the set-up for the future. We plan together with you, we make the arrangements to suit your requirements, and we officially document all of the criteria. We also represent you during legal proceedings. At home and abroad.

Legal specialisations

Legal specialisations

Creating clear relationships

We advise our clients – managers, German and international companies – on all aspects of labour law: we elaborate and negotiate employment and cancellation contracts, and provide advice on the content of variable remuneration systems, we have expertise on every aspect of works constitution law, co-determination and conflict management.

Our advice can be particularly valuable during reorganisation measures. What is the optimum way to realise human resource downsizing and transfers of operations? Also within the context of reorganisation operations from an insolvency? We assist you during the planning phase, during negotiations with the works council, e.g. on social compensation plans and the reconciliation of interests, and the implementation of projects.

Rights for money

Our most important clients in this field are banking and financial institutes, who we represent in and outside of the courts. We assert their justified claims, and protect them from unjustified claims – always working together with them very closely and in agreement. The objectives are economic-efficiency, practise-oriented solutions and procedural streamlining.

Firm foundations

Building law and architects law are complex: complicated technical issues, multi-layered relationships between the persons involved, numerous laws, which are constantly being amended. Those that know their way around can actively maintain their position in the long term.

We advise property developers, clients, investors, construction and building trades businesses – solid construction contracts are a vital foundation in this business. We represent the rights of architects and engineers when it comes to liability and fees.

Getting receivables paid

Unpaid bills threaten companies: their own solvency, profitability, competitiveness. Not to mention reputation and the future. But collecting outstanding demands is not only important it is also tiresome. It requires an expert understanding of the legal principles, as well as stamina and resources.

Ensure that you are properly advised early on. And let us collect your unpaid bills – quickly and efficiently. The more recent the demand, the better the chances of getting it paid. Our clients have online access to their files at any time to track the status of their receivables.

Managing the cycle

Company law is one of our firm’s main areas of expertise: we provide consultation assistance for companies in all phases of their cycles – from starting up a company, during development and changes, when selling a company or regulating the succession.

What is typically involved?

At the start, we provide advice on the establishment of companies, and elaborate company contracts, articles of association, and fiscal unity contracts. Our ongoing consultation involves elaborating company sales contracts and company shareholdings sales contracts, providing advice on the conversion, incorporation and merging of companies, as well as providing consultative advice during conflicts.

Rights, obligations, agreements

We represent companies as landlords, tenants, and as the owners of properties. The prompt examination, elaboration and negotiation of contracts are also all undertaken here in pursuit of an important objective: avoiding disputes and establishing legal security for the future.

We are at your side even when the path becomes uneven.

  • Overheads bills and rent deposits
  • Rent increases / rent decreases
  • Evictions
  • Terminations
  • Defects and repairs
  • Brokerage law

For business people: special rights

Our lawyers provide you with comprehensive advice on all aspects of commercial law. This can involve entries into commercial registers, the elaboration of special commercial law contracts, the concept, the content and the structure of your company pursuant to company law.

We also have attentive consultants when it comes to your existing sales and franchise systems, including your general terms and conditions.

Representing you in court:

  • National and international clients
  • Manufacturers, principals and sales representatives
  • Dealership law and sales representative law

Healthy experience

Insolvency is sometimes unavoidable. The aim then is to minimise the damage to all those involved as far as possible. Experience is invaluable here: and this is something we have accumulated during our many years of work as an insolvency administrator. We act as consultants during M&A transactions, elaborate insolvency plans, execute offsetting and liability demands, or protect our clients from them.

We work together with banks and creditors, and experience has taught us: crises do not have to turn into catastrophes if you have competence and goodwill at your side.

Today’s world

Information technologies have changed the world, as well as the law. Special contract law for software and hardware, regulations for business transactions, for intellectual property rights, for data protection – which laws apply to us? Which apply world-wide? We help you to use IT for your purposes and to avoid pitfalls.

Your contact:

Joachim Rudo

Sense of community

Corporate mergers and company sales – we are part of the team here: the executive board, the management, external advisors where required, and the lawyers of Brinkmann.Weinkauf jointly elaborate structures and strategies. Also and particularly in special cases: when purchasing or selling against the background of restructuring or insolvency.

Other stops along the way could include: strategic planning, contract negotiation, post-merger integration. These complex processes require solutions to numerous issues – we have the experts required within our firm.

For tomorrow

The future of a company needs to be well prepared. We work together with you to consider and elaborate the personal and economic aspects, the legal and tax issues.

We also provide you with advice on wealth succession for your private assets, for successor planning, and the formulation of inheritance contracts and wills.

Corporate, private – our objective is always to achieve the best possible result. For today and for tomorrow. Well thought out hereditary succession regulations undertaken well in advance can optimise the tax burden. Intelligent contracts arranged today can avoid conflicts at a future date.

Justified representation

We comprehensively represent your interests in those cases when disputes cannot be avoided.

  • In civil courts
  • In labour courts
  • In financial courts
  • All district, regional and higher regional courts

We represent you competently, with experience, and with the highest level of commitment.

Background knowledge

An essential principle when it comes to company start-ups, corporate development, and corporate succession in particular, is that those providing advice on company law also have to be very well informed about tax law. That is why our specialist lawyers call on the expertise of accountants and auditors – specially chosen for each case in consultation with our clients.

Company therapy

The best insolvency is the one that never occurs. We therefore do all in our power to avoid insolvencies wherever possible. We elaborate independent restructuring evaluations, we work together with accountants, auditors, sector experts, and negotiate with banks and creditors – with one overriding objective: getting your company back on a healthy footing.

Intellectual wealth

Protecting, defending, selling and buying intellectual property rights. We are your expert partner at a national and international level when it comes to trademarks, patents, registered designs, copyright law and ancillary copyrights.

At your request, we also undertake on your behalf the comprehensive management of all your protection rights – paying special attention to license agreements, your formulations and co-ordination.

Your contact:

Joachim Rudo

In all disciplines

Well-known insurance companies across the whole of Germany – we provide them with comprehensive advice, and represent them during legal disputes. In all district, regional, and higher regional courts, and in all aspects of insurance law. In particular:

  • Personal insurance cover (private accident, occupational disability, life and health insurance)
  • Property insurance cover (fire and residential property insurance, break-in and theft insurance, household goods insurance)
  • Third-party liability insurance cover (private and corporate third-party liability insurance, including liability for product damage, third-party car insurance, D&O insurance)

We are active in the same way for companies and private persons – inside and outside the courts covering all insurance law issues.

Commitment to clarity

Contract law is complex, complicated and all around us. And some contracts, closed by mutual agreement, have later turned out to be precarious. Different interpretations, evolving over the course of time, legal successors with different interests – the regulations are now equivocal, formulations can be misinterpreted. This can give rise to legal risks. We draft and elaborate sales contracts, as well as general terms and conditions. With a forward-looking approach, even when it comes to the fine print.

Starting productively

Our lawyers provide their services to companies during the development of their distribution and franchise systems. We work with you to elaborate the concept and the implementation.

We have attentive people to watch over your existing distribution and franchise systems, including your general terms and conditions. When the law of obligations, commercial law, European competition laws or other corporate and legal conditions become modified, we adapt your distribution to the new situation.

Representing your interests at court:

  • National and international clients
  • Manufacturers, principals and sales representatives
  • Dealership law and sales representative law

Clever or unfair?

What is dishonest in terms of competition has changed in many ways over the years. Those that understand the regulations can exploit the rules of the game – we advise you on the development of your marketing and communication measures. We also protect you from competitors that violate your rights. Our lawyers boast considerable experience in the courts, and they are also helpful well before it even comes to legal proceedings.

Is market control legal or not? We are familiar with all the details of competition law – in Germany and in Europe – and provide you with advice on:

  • The development of distribution systems
  • The formulation of sales contracts
  • Seeking authorisation for mergers
  • Setting up the conditions for co-operating with other companies. Healthy co-operation or illegal cartel?

Your contact:

Joachim Rudo

Neutral and precise

Notaries are always involved when dealing with company law, property transactions, company successions, and inheritance law. Our job here is to record the will of the client in certified documents. This is preceded by consultation, support and comprehensive advice. We are a service provider: we are committed to providing assistance to ensure that your will is precisely formulated, that the legal relationships are positively laid out, and that transactions are implemented smoothly.