Special areas of advice

Our special areas of advice include those engagements that require a high degree of professional experience (above all in project work), the ability to think across specialty areas and technical special knowledge. We regularly work here with external advisors from our network, who are specialists for the specific engagement, in order to offer our clients the best possible solution.

Areas of advice

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[accordion-item title=”> Asset Protection”]Asset protection aims to protect the private wealth of business persons, board members, company directors and supervisory board members from exposure to liability and thus to sustainably secure his or her financial existence and that of his or her family.
If the risk of personal liability has already firmed (e.g. through the bringing of a suit for recovery of money) or indeed has been realized (e.g. through a court decision), then all thoughts of asset protection are too late. He who takes measures during this phase to secure his private wealth, very easily slips into criminality and comes to the attention of the criminal prosecuting authorities. The same also applies to the advisors who still advise clients in this phase how to move their private wealth “to the side”.
Accordingly, we only offer preventative advice in this area, we set out the options for asset protection that are legal and comply with tax law and then implement the measures agreed in detail with our clients.

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[accordion-item title=”> Compliance for mid-tier companies”]We advise the managers and owners of mid-tier companies on the design and introduction of a compliance management system. Here, sound judgment is required: The solutions that have been predominantly introduced in large companies are not suitable for mid-tier companies and would over-tax them. However, compliance is also indispensable today even in mid–tier companies, because business managers assume great risks for the business and also for themselves if they do not sufficiently organize their business operations. The risks have further increased because the application of the law by the authorities and the courts has become increasingly rigid.
With this area of advice “Compliance for mid-tier companies,” our law firm makes a contribution by enabling managers and owners to concentrate on the material matters in their business without having to fear being dragged into personal liability.
In projects for the design and implementation of a compliance management system in mid-tier companies we work in a team with external law firms and businesses from our network who are also in Munich.

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[accordion-item title=”> Financial recovery for mid-tier companies”]The earliest possible financial recovery of a business must lie in the personal interests of management as well. If the insolvency of the business cannot be avoided and the application for winding up on the grounds of insolvency is made several months too late as regards the statutory provisions – which in today’s practice is the usual case –, the members of the management team are at risk of sensitive personal liability with respect to the insolvent estate and/or the insolvency administrator, the fiscal authorities and the providers of the social insurances. Further, such proceedings, which threaten their financial existence, will be accompanied by criminal investigations, particularly for trading while insolvent, breach of trust and social insurance fraud.
If we are engaged by a mid-tier business to advise the business managers and/or owners for the purpose of financial recovery of the business, we work in our team of accredited specialist lawyers, tax advisors and auditors and, if necessary, with experts from other law firms and consultancies from our network. If necessary we involve an insolvency administrator and accredited specialist insolvency lawyer from Munich in the team. All advisors have special knowledge in the relevant technical areas and, due to their many years of experience, are capable of supporting the management team to keep their focus on the material matters even in this difficult situation.

As part of a project for financial recovery we advise and assist our clients in the following phases:

• Determination of the actual situation and analysis of the internal and external causes of the financial issues
• Review of the ability of the business to make a financial recovery, establishment of the over-indebtedness status and on-going liquidity planning
• Design of suitable recovery measures (rough concept) and subsequent detailed planning of these measures; including a timeline (fine concept)
• Implementation of the detailed planning – carrying out the recovery measures
• Ongoing monitoring of the recovery efforts – measuring success; if necessary, modification of certain recovery measures

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[accordion-item title=”> Advice regarding foundations”]In this area, our experienced specialist lawyers and tax advisors primarily support widows, widowers, childless couples or business persons, who decide to establish a foundation with a material part of their assets. With this attractive instrument of design for private and business succession planning we can do good for the descendants and the businesses of our clients as well as the community. The focus of the advice is always on improving the underlying tax and civil law circumstances.[/accordion-item]

[accordion-item title=”> Estate Planning”]We ensure that the assets of our clients are distributed in accordance with their wishes during their lives and following death. For example, if a client wishes to provide for their spouse and in doing so wishes to take account of inheritance law issues. Or would like to transfer property to the children, without doing away with their right to be heard.
Our experienced specialist lawyers obtain an overview of the value of the assets of our clients as a first step, ascertain their wishes and then develop specific options for implementation.

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[accordion-item title=”> Out of court dispute resolution, Mediation”]Mediation is an out of court dispute resolution procedure. Within the scope of mediation, an attempt is made to constructively resolve differences of opinion, disputes or conflicts.
The basic idea of every mediation is that the parties to the conflict together work out their own resolution under the direction of the mediator as an external, neutral third party.
Mediation can be used in almost every area of conflict. However, mediation is also advisable in order to avoid conflict. Particularly in the area of inheritance, for example, in the winding up of estates involving heirs sharing in the estate as tenants in common, and in business, for example on the exit of a shareholder, cumbersome and costly litigation can often be avoided with the help of a mediation.
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