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Legal Advice

There is always an interaction between tax law and commercial law, law of corporate reorganization or civil law. As an example, we may mention reorganization of partnerships and capital companies, acquisition of corporations or shares as well as corporate succession.

As a multi-professional tax and law firm, we deliver tailor-made solutions from a single source which take into account both tax law as well as other fields of law which may be relevant for the case in question. This avoids complex communication lines from one firm to the other and multi-payments to several advisors for the same issue.

Our lawyers offer a wide range of advice and representation in all fields of law.

The lawyers of Schaffer & Partner GbR provide the full spectrum of legal advice in all fields of civil, business and tax law as well as judicial and out-of-court representation. We act for entrepreneurs and medium-sized businesses as well as private individuals.

Your interests are always at the heart center of the work we do. The interdisciplinary collaboration with our tax accountants, chartered accountants and business consultants enables us to find solutions for your legal issues which match precisely your needs and take into account both your personal and economic needs as well as fiscal effects.

If, exceptionally, your legal query is not within our specialist areas, we fall back on a network of experts collaborating with us both in Germany and abroad.

Our aim is to create long-standing and continuous representation going beyond collaboration just for one single case. In this context, we are delighted to act as an external legal department for companies. For individuals, we assume the tasks of a family’s advocate being your first contact person for all sorts of legal issues.

Of course, we may also collect your justified judicial or out-of-court claims. For this purpose, we kindly ask you to use our lawyers’ debt collection.

Practice areas:

Labour law

We advise and represent employers and employees.

In the field of labour law, we represent both the interests of employers and employees. Our service range covers preparation of employment contracts, dissolution contracts or dismissals and comprises the representation for all labour law litigations incl. collective labour law. Of course, we also assist you with issues regarding company pension schemes.

As experienced and specialized lawyers, we perfectly know how to enforce your rights best, be it through out-of-court negotiations or by managing proceedings in a target-oriented way.

Your contact person:

Sophia Schmid (Certified specialist lawyer in labour law)

Construction law

We advise and represent both construction companies and building owners.

We assist construction companies and building owners with the drafting and verification of construction contracts incl. contract management. Moreover, we act for building owners and construction companies in every single stage of construction and in the event of construction defects.

We also advise private investors on the acquisition and execution of real estate investments as well as on the development and completion of real estate projects.

Your contact person:

Matthias Braun

Inheritance law

We provide our advice and representation services for all issues regarding inheritance law.

We represent you in and out of court to enforce inheritance claims, to assert legal portion claims and in the event of disputes within the community of heirs.

Our advice services focus on foresighted succession planning.

We assist you with elaborating concepts as well as drafting contracts on the transition of assets both inter vivos or in the event of death, in particular through a will, testamentary contract or donation contract. In this context, we set a high value on an individual and make tailor-made arrangements regarding the wealth succession protecting the interests of the person who hands over the assets.

Moreover, our advisors are particularly experienced in the planning of and assistance with corporate succession. Thanks to the close collaboration of tax consultants and lawyers within our firm, we are able to optimize the tax effects for the planned succession your wishes may implicate.

In the course of estate administration, we also deal with the execution of wills and disputes within the community of heirs.

In addition, we put a special focus on the international inheritance tax law. We have profound expertise in Austrian, French and Czech law. Furthermore, we co-operate closely with a large number of specialists worldwide.

Your contact persons:

Günter Mederer (Lawyer / Corporate succession)
Matthias Braun (Certified specialist lawyer in inheritance tax)
Angelika Bisch (Appointed expert tax advisor for corporate succession)

Family law

In this field of law, our focus is on contract drafting, such as prenuptial agreements resp. combined prenuptial and inheritance agreements, cohabitation agreements and divorce agreements.

Your contact persons:

Sophia Schmid
Matthias Braun

Corporate law

Corporate law represents one of the core competences of Schaffer & Partner GbR.

We provide the full range of services in all issues of corporate law from the formation of a corporation to its liquidation. We act for corporations, shareholders and CEOs of enterprises of every legal form. We do not only draft or amend articles of association, but are also involved in reorganization processes of corporations or groups. Mergers and acquisitions of companies or assets are one of our core competences.

If, in particular cases, it is not possible to settle the dispute between a corporation and its shareholders in an amicable way, we represent the interests of our client during the contentious procedure. Especially in the field of corporate law, we have to check whether arbitration or mediation might be the better alternative to a procedure at public court.

The lawyers of Schaffer & Partner are very experienced in all corporate tax and business tax matters.

Your contact persons:

Sophia Schmid (Certified specialist lawyer in commercial and corporate law)
Günter Mederer
Matthias Braun

Commercial law

The law for businessmen and companies contains a large number of particular regulations regarding commercial transactions which diverge from the General Civil Law. We advise companies and businessmen on the contract drafting incl. General Terms and Conditions as well as on pursuing and enforcing their justified claims.

We act for our clients both in issues in a national and international context.

Your contact person:

Sophia Schmid (Certified specialist lawyer in commercial and corporate law)

Law for commercial agents

Our firm represents commercial and insurance agents as well as licensed dealers. Over many years, we gained experience in drafting commercial agents’ contracts, executing commission claims and representing our clients in the event of dismissal. We also deal with compensation claims upon termination of contract and the defense against resp. enforcement of non-competition clauses.

Your contact person:

Sophia Schmid (Certified specialist lawyer in commercial and corporate law)

Real estate law

Acquiring and selling real estate is always a very important decision of general principle for individuals, entrepreneurs and companies and often connected with far-reaching investment decisions. We are pleased to advise you on all legal issues which may come up in this context incl. financing issues. In addition, we assist you with all issues regarding property law, agency law and related fields, in particular construction law and rent law / law of lease.

Your contact persons:

Matthias Braun
Sophia Schmid

Debt collection

The effective and quick enforcement of justified claims is very important, in particular for companies. We advise you on this issue incl. debt collection of several claims of the same kind which are in principle uncontentious.

In addition, we represent you regarding the judicial enforcement of contentious claims in civil litigations.

Your contact persons:

Sophia Schmid
Matthias Braun

Insolvency law

We are particularly experienced in advising creditors during crisis situations and the insolvency of their debtor. We are also focused on providing preventive advice for companies at risk of insolvency in the sense of avoiding insolvency.

When acting for the creditors, we are mainly interested in achieving a quick and efficient enforcement of the justified creditors’ interests by enforcing and realizing existing collaterals and asserting the right to segregation and the right to separate satisfaction.

In the scope of the preventive advice on restructuring, it is our aim to support companies with existence at risk during the phase of restructuring and to advise them on the full range of legal issues and related business management matters. We aspire to a quick, discreet and, if possible, extra-judicial securing of the company.

Your contact partner:

Matthias Braun

Rent law / Law of lease

We provide advice for tenants and landlords, leaseholders and lessors on the drafting of tenancy and lease agreements, we act for them in the event of enforcement of tenancy law claims. We represent our clients in law actions regarding payment of rent, eviction (landlord-side), protection against termination (tenant-side) as well as disputes about defects or claims for abatement of rent.

Your contact persons:

Matthias Braun
Sophia Schmid

Mergers & Acquisitions

Our firm is experienced in assisting companies and entrepreneurs with mergers and acquisitions.

We guide you in all stages of the transaction from the decision to sell, selection of the target company, research of the adequate buyer, drafting of a non-disclosure contract, preparation of a letter of intent, financial, tax and legal due diligence audits, company valuations, negotiation of prices to the drafting of contract and the signing.

In the M & A field, we work together with the auditors and tax accountants of our firm.

One of our core practice areas is selling family businesses completely or in parts to holding companies.

Your contact persons:

Sophia Schmid
Günter Mederer
Dr. Horst Schaffer

Tax law

In the field of tax law, we closely collaborate with the tax accountants of our firm. The lawyers of Schaffer & Partner mainly act for you in the event of opposition proceedings as well as proceedings at the Finance Court.

We are particularly focused on the drafting of tax-optimizing contracts, for instance in the case of restructuring or corporate succession.

Your contact person:

Günter Mederer

Law relating to tax offences

We advise our clients on the correction of tax returns resp. voluntary report of tax evasion. It is our aim to achieve exemption from punishment for our clients.

Moreover, we act for our clients in the scope of preliminary proceedings related to tax offences and negotiate on their behalf with the tax authorities and law enforcement agencies.

We also have broad expertise in repatriating assets abroad to Germany.

Your contact person:

Günter Mederer

Execution of wills

Corporate assets and complex constellations of private assets may require that the responsibility for the estate administration is given to an experienced executor. This executor acts then as the testator’s fiduciary and deals with the testator’s estate according to the latter’s ideas. Above all, the executor tries to reconcile the interests of all parties, in particular of the heirs and the persons entitled to a compulsory portion.

The executor guarantees that the testator’s will is fulfilled according to his ideas.

Your contact persons:

Angelika Bisch (Appointed expert tax advisor for corporate succession)
Matthias Braun (Certified specialist lawyer in inheritance tax)

Corporate succession

Our aim: to maintain your lifework.

The entrepreneur’s succession may involve considerable dangers and risks for the company. In order to maintain the company inter-generationally, it is necessary to plan the transition of assets to the succeeding generation in the long run and, ideally, to realize it in the lifetime and gradually.

The amended inheritance tax law provides particular requirements, but offers at the same time a wide range of opportunities which may be used to transfer corporate assets in a tax-efficient or even completely tax-free manner, in particular in the event of anticipated succession.

Not only the inheritance tax might be a threat to the company, the income tax poses a considerably greater danger – and sometimes even threatens the company’s existence. In particular, the unintentional dissolution of hidden reserves due to an unfortunate wording of the will may lead to disastrous consequences for the company.

In collaboration with our tax accountants, our lawyers assist you with finding solutions for the corporate succession, which realize the wishes and ideas of the transferring generation regarding inheritance, tax and company law in the best way possible. It is particularly important to look after the interests of the transferring generation and to make sure that this generation is financially secured.

Your contact persons:

Dr. Horst Schaffer
Günter Mederer
Angelika Bisch (Appointed expert tax advisor for corporate succession)
Matthias Braun (Certified specialist lawyer in inheritance tax)

Law of corporate reorganizations

Our tax and corporate law experts are experienced in forming your company’s structure according to your requirements. Our lawyers and tax accountants advise you in every stage of your company’s restructuring. In particular, we assist you with choosing the legal form which would suit your intents best, drafting the corresponding contracts of the participating legal entities, fulfilling the reporting obligations and the reorganization verification which might become necessary.

Your contact person:

Günter Mederer

Contractual law

Drafting and negotiating contracts is the core of our legal practice.

For drafting a contract, it is very important to understand the individual interests of the contracting parties and to settle them accordingly. It is our task to anticipate possible future problem areas which may come up between the contracting parties and to settle them in a fair and equitable way.

Our lawyers assist you with the elaboration and drafting of contracts related to your company, in particular General Terms and Conditions of purchase contracts, delivery contracts, service contracts, distribution and co-operation agreements as well as tenancy and lease agreements.

Through the interdisciplinary collaboration with our tax accountants, we are able to observe and deal with your interests regarding tax issues.

Your contact persons:

Sophia Schmid
Matthias Braun

Enforcement

Our aim: to assert efficiently your justified claims.

It might appear that, unfortunately, although your justified civil claims are entitled, e.g. through judgment or enforcement notice, your debtor is still not willing or not in the position to meet his obligations.

We assist you with the efficient assertion of your claims by exploiting all options possible in the field of compulsory execution and thus take care for that your rights are asserted.

Your contact persons:

Matthias Braun
Sophia Schmid

Civil litigations

Acting for our clients in the scope of civil litigations is one of the core practice areas of our firm.

Our main target is to protect your legal and economic interests asserting or defending your claims at court, be it in litigation proceedings, summary proceedings or in proceedings of temporary legal protection.

Your contact persons:

Sophia Schmid
Matthias Braun