Company Law

Corporate law – our speciality and core competence

Corporate law is one of the core competences of the Dierkes law firm. The Dierkes law firm provides qualified legal advice and support from the foundation of the company to the dispute, termination and sale. Lawyer and tax consultant Thorsten Dierkes has been a specialist in corporate law and all related issues for many years. Thorsten Dierkes has been advising shareholders, companies, managing directors, management boards, supervisory board members, investors and other bodies for many years.

Judicial and extrajudicial representation

Competent representation in extrajudicial matters is guaranteed as well as in court proceedings, before all courts and in all instances (with the exception of the Federal Supreme Court, where special regulations for representation apply). In addition, the Dierkes law firm also represents you in arbitration proceedings.

The Dierkes law firm places particular emphasis on the clean drafting of articles of association when founding a company. This includes, in particular, provisions for cases which one hopes will never occur. This includes, for example, deaths, differences of opinion and disloyal and criminal acts among the partners. Only if you have made good provision here is it often possible to avoid long, expensive and reputation-damaging legal disputes in court. 

If your articles of association do not contain any provisions in this regard, Dierkes Law Firm will assist you in adapting your articles of association accordingly. This measure should still be taken as long as the partners get along with each other. Once differences of opinion have arisen or hardened fronts have emerged, an agreement is often too late. 

But even if you are already in the early stages or in the middle of a dispute between partners, it is often not too late to return from the emotional level to the factual level by involving Dierkes Law Firm in order to find a solution that is as fair and appropriate as possible for all persons involved. If, however, a solution is no longer possible, Dierkes Law Firm will continue to represent your interests in arbitration or in court. 

Corporate risk check and daily business

If the economic, family or legal framework conditions change, your then suitable articles of association may no longer be sufficient overnight. If, for example, your articles of association are older than 5 years, we recommend that you have them checked by the Dierkes law firm as part of a risk check. 

In addition, the law firm Dierkes supports you in your daily business with the drafting of the necessary resolutions in your company or checks resolutions already made for you for legal risks. We also represent you at shareholders’ meetings or general meetings or accompany you there. 

Some shareholder resolutions require the involvement of a notary. The Dierkes law firm works together with selected notaries. Due to the good relations we are able to organize appointments for notarization and certification at notaries at short notice and on weekends. 

Connection of company law with tax law

Many law firms are able to provide legal advice on company law. However, most of them will explicitly exclude tax law advice and thus liability. As the person concerned, however, you should know what tax implications the resolutions in your company or changes in the articles of association will have. You cannot afford a blind flight here. Due to the triple qualification as lawyer, specialist lawyer for tax law and tax consultant, the Dierkes law firm gives you the certainty that you are also in the picture regarding negative tax law effects of resolutions. Through appropriate preventive measures, the Dierkes Law Firm is often able to avoid such negative tax effects.  

Rights and duties as shareholder and / or managing director

Do you actually know what rights and in particular duties you have as a shareholder and/or as a managing director? This is particularly important if your company is in difficult waters. For example, you think that the legal forms of the GmbH or GmbH & Co. KG protect against creditors of your company having access to your private assets? This is only the case if you behave correctly as shareholder and/or managing director during the company crisis. In this regard, you will receive exhaustive information from the Dierkes law firm in order to avoid losing your house and home in any case.

We provide competent support especially in the following areas of law:

• limited liability company – GmbH
• public limited company – AG, stock corporation law
• Corporations
• Limited partnership – KG, GmbH & Co. KG
• General partnership – OHG
• partnership under civil law – GbR
• Partnerships
  Shareholders’ dispute
• Company foundation
• Managing Director, Managing Director Liability, Termination Managing Director
• Management Board and Supervisory Board
• Restructuring
• Insolvency
• M&A (mergers and acquisition)
• Company acquisition, company sale
• Liquidation
• due diligences
• Capital increase
• Capital reduction
• Reorganization law, reorganization tax law: merger (merger by absorption, merger by new formation), demerger (splitting, spin-off, spin-off), transfer of assets, change of legal form
• Startups
• Foundations, foundation law
• Business succession and asset succession, including inheritance tax law and inheritance law