Our team provides competent and practice-oriented legal advice in all areas of commercial law.
Corporate law means the law governing private entities which are formed by a legal transaction for achieving a specific purpose.
We guide you as lawyers or as notaries through the process of founding a company, establishing a joint venture or some other form of association, of planning and changing your company or group company structure, reorganising group companies, restructuring and liquidating companies, preparing and conducting shareholder’s and annual general meetings as well as putting into effect a change of generation in family businesses while taking into account aspects of family and inheritance law. mehrweniger
Gesellschaftsrecht meint das Recht von privatrechtlichen zur Erreichung eines bestimmten Zweckes durch Rechtsgeschäft begründeten Personenvereinigungen.
Wir begleiten Sie als Anwälte oder als Notare bei der Unternehmensgründung und der Errichtung von Joint Ventures sowie anderen Kooperationen, der Planung und Veränderung Ihrer Gesellschafts- und Konzernstruktur, der Reorganisation von Unternehmensgruppen, der Sanierung und Liquidierung von Unternehmen, der Vorbereitung und Durchführung von Gesellschafter- und Hauptversammlungen, sowie beim Generationswechsel in Familiengesellschaften unter Einbeziehung familien- und erbrechtlicher Gesichtspunkte.
We support you in all conflicts with your employees which may arise in an employment relationship: We help you with contractual arrangements and represent your interests at the labour courts. We conduct collective bargaining negotiations for you and solve problems in the field of industrial relations. mehrweniger
Despite the growing digitisation and mechanisation within our working environment, your employees remain an essential pillar of your company. For this reason, solid and modern employment contracts which meet the strict requirements of the Federal Labour Court are particularly important. In order for you to be able to concentrate on other things within your company, we take care of your contract management for you. We review your sample contracts and adapt them so that they are in conformity with the respective legal requirements. While doing so we also keep an eye on the ever more stringent requirements of employee data protection. We support you during the implementation process and upon request inform you about important changes, which can affect individual provisions in your employment agreements.
As legal advisers we support you during negotiations with the works council or trade unions and help to achieve a balanced arrangement in your collective bargaining agreement.
And if, despite all precautionary measures conflicts do arise at work, we will effectively litigate the matter for you at the labour court and achieve the most economic solution for your company.
Legal infringements within a company do not only have a negative impact on its image, but can also cause considerable cost. Companies of any size can be affected by this. We support you in implementing a compliance management system which significantly reduces the risks for your company. mehrweniger
Dieselgate, Siemens, the rail cartel or the Deutsche Bahn - these are just some examples of scandals, in which legal infringements committed by or through a company not only significantly damaged their public image, but also cost billions of euros in terms of investigation and restructuring. These legal infringements could have been avoided through an efficient early warning system.
“Compliance” is not just an issue for groups of companies or large companies. An effective compliance management system (CMS) to avoid and investigate legal infringements has long become standard in medium-sized companies.
We support you in the process of implementing an effective CMS. We develop structures ranging from codes of conduct to defining the responsibilities of the chief compliance officer (CCO) to implementing a whistleblower hotline. We review existing structures and make suggestions for improving their effectiveness. We train you and your managers or, on request, all your employees, especially in particularly sensitive areas such as sales, purchasing and Information Technology. The implementation of a CMS is usually subject to employee participation. We therefore also support you during negotiations with the works council. And if, despite all precautionary measures a compliance case arises, we support you in clarifying the situation through an internal investigation and represent your interests vis a vis the investigating authorities or aggressive competitors.
The bigger a project, the bigger the risk of failing and its consequences. Without effective project management it is difficult to reconcile quality requirements, budget and time management schedule. There might be risks of delay, additional cost or loss in quality. Our team provides you with its experience from monitoring different projects in industry, IT and the construction industry. mehrweniger
The aim of good structured project management is to ensure that projects are drawn up in such a way that risks are minimized and the efficiency of implementing the project is increased as far as possible. Both can be achieved through skillful contractual arrangements.
In practice numerous projects in the area of technology fail due to insufficient preparation and an unclear contractual situation. Development and IT projects are especially affected by this due to their complexity. It therefore makes sense to tackle legal issues right from the start, such as property and usage rights, the content of specifications and the possibility of premature termination of the contract.
We serve you from the very beginning and assist you in posing the right questions and setting up your project on a legally secure and efficient basis.
Purchasing and sales
Purchasing and sales are essential cornerstones for every producing company. As a result of European integration and growing globalisation nearly all of our clients are internationally active in purchasing as well as in sales. We support them with our expertise in drawing up contracts, process management and seminars on international business. mehrweniger
Purchasing and sales both at home and abroad
The laws concerning imports and exports require special legal expertise. KKP has experienced and committed experts in this area. We take care of all matters regarding international trade ranging from purchasing and sales contracts to establishing foreign companies to protecting your intellectual property and know-how. In doing so we attach great importance to considering the specifics in your sector.
We provide competent bilingual legal support in all matters regarding international legal transactions, including drafting and/or negotiating your international contracts or implementing your import and export business.
Contractual arrangements in German and English
We are familiar with the special characteristics of international trade both from an export or import point of view and take the risks and specifics of your sector into consideration. We draw up your contracts, review your business partners’ drafts and together with you develop a negotiation strategy, which leads you to a successful conclusion of the contract.
Comprehensive legal advice and representation
We support and advise you during international transactions from the letter of intent to legal due diligence to drawing up and negotiating the final contract. We furthermore support you in establishing foreign companies or subsidiaries abroad, and of course in protecting your know-how and intellectual property, when it comes to licenses and other legally relevant agreements.
Implementation / fending off claims
Where disputes over contractual rights and obligations arise, we legally represent you and work towards a time and cost saving solution for your legal dispute. During negotiation we particularly focus on maintaining good and long-standing business relationships, if possible.
If necessary, we also fight for your rights in court. If German courts have jurisdiction to hear the case, we will represent you at court or initiate arbitration proceedings on your behalf. If foreign courts have jurisdiction, we will ensure your representation by local lawyers and coordinate the case in cooperation with our colleagues locally.
The enforcement of judgements against debtors residing abroad usually requires the help of foreign authorities. This requires the consideration of legal specifics in the respective country of enforcement. We execute enforcement measures either ourselves or with the help of a local lawyer.
Trainings in foreign business
Allow us us to train your employees in purchasing and sales. Many disputes can be avoided beforehand through skillful negotiation tactics. We familiarise your employees with the special risks and traps in foreign business and provide them with useful tips as to how to behave during negotiation and with good legal negotiating skills both in the German and English language.
General terms and conditions
The options open to you when conducting business on the basis of general terms and conditions of business are limited, as their content is subject to mandatory statutory scrutiny. Nonetheless, you may and indeed should use the limited opportunities available to you. In some areas, e.g. online trade, general terms and conditions of business are practically indispensable. We advise you on drafting, updating and reviewing general terms and conditions of business as well as all other standard contracts, which are also subject to mandatory statutory scrutiny. mehrweniger
General terms and conditions of business
The German law governing general terms and conditions of business strongly limits the principle of freedom to contract.
By worldwide comparison German law has some of the strictest requirements regarding the enforceability of contractual terms, which were drawn up for multiple use.
We review and draft standard terms for you (terms and conditions of purchase and sale, framework contracts, quality assurance agreements, non-disclosure agreements etc.) taking into consideration the ever-changing case law requirements.
In doing so we particularly focus on limitation of liability and security clauses, the validity of which is especially relevant to your business.
We furthermore focus on enabling you to undertake a risk-benefit-assessment of critical clauses based on our pragmatic advice.
Marketing is an indispensable part of a company’s operational activities. At the same time, the legal requirements as to permissible marketing measures vary depending upon the field of law. Our team of specialised lawyers provides comprehensive legal advice on marketing law, in order for your marketing team to contribute to your company’s success and not to become a risk to your company. mehrweniger
Lawyers at KKP are known to businesses as experts in the field of marketing law. The basic idea of marketing is the consistent orientation of the entire company to market demands. Our passion is to support you in achieving this.
A good marketing campaign is characterized by good preparation. During preparation our clients often ask questions such as: “What kind of material can I use for my advertising campaign?”, “Which potential risks do the different advertising methods entail?”, “Are there any specifics for consumer advertising?”
We support you in particular during the preparation of the planned marketing campaign and assist you during its implementation. In this way, the competitive advantages intended, can be achieved with legal certainty.
Modern marketing and communication technology, e.g. websites, online shops, newsletter, social media, search engines and content marketing, are subject to permanent change and further development, which often results in legal uncertainty. Our consultancy services therefore range from assisting you with your new business models and internet projects to the assessment of your online presence. We also advise you in legal matters regarding distance selling and disputes about domains.
Apart from providing legal advice, we also support you in drawing up contracts, general terms and conditions of business (including specifically for online shops), privacy statements, provider identifications, licenses, approvals, social media guidelines and terms and conditions for prize competitions.
Competition law regulates relations between participants in the market. Our team advise you comprehensively on all competition law issues. mehrweniger
Competition law comprises laws relating to unfair competition and anti trust law. It lays down rules which are to be observed when competing for the supply of economic goods and services. The aim of competition law is to protect co-competitors, consumers and other participants in the market from unfair acts and business practices thereby ensuring that competition is free and fair.
Competition law covers a variety of issues in relation to the marketing and advertising of your goods and services. Benefit from our years of experience and let us advise you. If desired we can undertake legal checks of the market behaviour and corporate identity of your competitors and assist you in introducing new products to the market and their sale and distribution.
Together with you we develop convenient behavioral strategies when in conflict with competitors and represent you in disputes both in and out of court.
In the area of anti-trust law we advise you on contractual risks and where necessary put you in contact with a highly specialised colleague from our partner network.
We advise you in difficult economic situations and offer competent strategic support remaining focussed on the result at all times. mehrweniger
A customer in crisis
One of your customers is insolvent and you are looking for a way of avoiding a bad debt loss? We examine payment by instalment agreements, the extent to which cash payments can be challenged and security interests are insolvency-proof. Furthermore we successfully and efficiently defend challenges made by the liquidator.
A director in crisis
Your company has filed for insolvency and you as director are confronted with the issues of a delay in filing for insolvency, personal liability for payroll tax, turnover tax and claims in damages for payments made after the company became insolvent? We offer you competent support and advice with the aim of finding a commercially viable solution.
Systemic Business Coaching
Often questions arise in a professional context where you can not see the wood for the trees. Or, you, as a manager, are aware of a problem with an employee which is difficult to solve due to the close proximity of those involved. In such circumstances we offer systemic business coaching in the form of process oriented advice. We define coaching to mean assistance and support on professional issues. mehrweniger
Systemic Business Coaching
The following are amongst the most important and most common areas in which business coaching is used:
Vocational re-orientation / career development
Management duties and responsibilities
Changes / Decisions
The coach does not offer solutions but a structured process enabling the client to discover hidden resoures and develop his own possible courses of action.
We define systemic to mean considering the clients environment with regard to subject being coached.
Using our legal expertise we would be happy to assist you find solutions and prepare the way to your professional / entrepeneurial success.