Commercial Law

Commercial law is the special private law covering entrepreneurs and its main elements are compiled in the Commercial Code Book (HGB). It contains special codes for legal transactions between entrepreneurs (as defined by the Commercial Code). The codes of the Civil Code apply if the Commercial Code does not have a special provision.

We can advise and represent you

  • in matters concerning the permissibility of company names
  • in the defence of your company name against attacks by a third party
  • in matters concerning the entry of permissible or mandatory facts in the Commercial Register, e.g. power of attorney, managing director(s) or liability exclusions pursuant to Sections 25 and 28 of the Commercial Code (HGB)
  • in matters concerning special trading business, e.g. commission business, freight business, carrier business or warehousing business
  • for the preparation of commercial agent agreements and the assertion or defence of claims of a commercial agent

Corporate Law

Corporate law is the law covering associations of persons (i.e. companies) formed to pursue a common purpose in legal relations. The different types of companies in Germany include the ‚Personengesellschaft‘, a private partnership like the GbR which is subject to the German Civil Code, the general partnership (OHG) which is additionally subject to the Commercial Code, the ‘Kommanditgesellschaft’ (KG) which must have at least one shareholder with unlimited liability, the private limited company (GmbH) and the public limited company (AG). There are also a number of mixed types, e.g. the GmbH & Co. KG and the GmbH & Co. OHG.

We can advise and represent you

  • for the selection of the suitable legal form
  • for the company founding
  • for the design of company contracts or articles of association
  • in matters concerning the liability of shareholders or managing directors
  • for the design of employment contracts for top management
  • for the production of company rules for top management
  • for the transfer of company shares
  • for share capital increases or decreases
  • for a company transformation
  • in winding-up or liquidation matters
  • in company successor matters

PARTNERS:

Alexander Spitz
Lawyer

Irina Weigel-Erbe
Graduate in Tax Affairs,
Tax consultant
Consultant for International Tax Law
Former tax inspector of the german tax authority

DUSSELDORF OFFICE

Koenigsallee 64
40212 Dusseldorf
Phone: +49 (0) 211 86 9366 320
Fax: +49 (0) 211 86 9366 321
info@spitz-weigel-erbe.com

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