The drafting of Articles of Association will become an important legal firewall if your start-up is a joint business with other shareholders. Often issues arise in connection with shareholders' meetings or if one of the shareholders is looking for his own exit scenario. The Articles of Association should cover all the risks relating thereto to the best extent possible. Without any legal firewalls the situation might get out of control, the company might not be able to act any more and, therefore, might have to face severe economic difficulties!
Start-up
Your company is the vehicle for your economic success. Therefore, you should opt for the legal form for your company which suits your purposes best right from the beginning. Frequently, the decision in favour of a partnership on the one hand or a corporation on the other will be determined by your tax advisor. If the partnership turns out to be the first choice, you will probably opt for a GmbH & Co. KG, a limited partnership which provides you with a shield against personal liability. But who knows, the BV & Co. KG in some cases might be much more appropriate for your project. Who opts for the corporation has (almost) all the choice in the world: SE, AG, GmbH, UG (haftungsbeschränkt) or a lot of other foreign legal types of corporations can be chosen. Get legal advice now: we will jointly identify the most suitable legal form for your business and will transform your specifications into tailor-made articles of association!
All other aspects of your business should be set on the right track right from the start, too. Don't wait for expensive and time-consuming correspondence to arrive. You should rather verify in advance whether or not the company's name might infringe with third party's rights. Make sure that your website complies with all necessary legal requirements. Resort to "bullet-proof" general terms and conditions, employment contracts, distribution agreements and sales contracts. Make sure that the lease agreement for your business premises will not get much more expensive than expected. And don't forget your own service agreement as the managing director!
All other aspects of your business should be set on the right track right from the start, too. Don't wait for expensive and time-consuming correspondence to arrive. You should rather verify in advance whether or not the company's name might infringe with third party's rights. Make sure that your website complies with all necessary legal requirements. Resort to "bullet-proof" general terms and conditions, employment contracts, distribution agreements and sales contracts. Make sure that the lease agreement for your business premises will not get much more expensive than expected. And don't forget your own service agreement as the managing director!
Choice of legal form … Trademark-Check … Lease Agreements … Employment Contracts …Distribution Agreements … Service Agreements … Loan Agreements … Agency Agreements … Incorporation of a Company … Stock Options … Joint Ventures … Tracking Stocks … By-Laws … Registration of Trademarks … General Terms and Conditions … Authorised Dealership Agreements …
Other topics relating to special situations: