Every company is unique and needs tailor-made solutions for its success. MKM +PARTNER offers these solutions in commercial and corporate law.
MKM +PARTNER draws up and negotiates contracts in a national and international context. We support our clients with our expertise, competence and many years of experience by advising on safe entrepreneurial activities, including tax law aspects.
In commercial law, we advise our clients in particular on the preparation of tailor-made contracts in various areas, such as sales, services, General Terms and Conditions, franchise and outsourcing. In company law, we focus on the establishment of partnerships and corporations.
Merger & Acquisitions
Mergers & Acquisitions is an integral part of business practice and can take various forms: buying or selling a company, acquisition or merger, conversion and capital increase are some examples. In order to successfully execute a business merger, industry knowledge and expertise from various legal fields such as corporate law, insolvency law, competition law, data protection law and tax law are necessary. The interdisciplinary cooperation of the entire team is essential.
As a result of many years of experience and its specialized team of lawyers, MKM + PARTNER has this necessary knowledge. We support company mergers nationally or internationally throughout all phases: from planning to implementation and completion. Through comprehensive and continuous support from the very beginning, we offer companies tailored solutions and legal certainty in terms of strategy, due diligence, legal form, tax, data transfer and contract design.
Compliance Due Diligence
Conducting a Compliance Due Diligence (CDD) secures the transaction against avoidable risks, the detection of which may even call the agreement into question.
The CDD consists of the examination of regulatory obligations as well as the risks to which an organization is exposed. For most companies, this is likely to be a combination of antitrust law, data protection, cybersecurity, bribery and corruption.
Protecting value and avoiding liability is a key priority, and the CDD is moving into the spotlight in the transaction space. Smart buyers now know that compliance risks can and should be priced into transactions, and the true value of an acquisition target can only be determined when compliance risks are assessed.
Business law
MKM + PARTNER offers comprehensive services in the design and review of commercial contracts, in particular:
- Distribution contracts, purchasing contracts
- Service and work supply contracts
- General Terms and Conditions (e.g. Purchasing and Delivery Conditions)
- Software license agreements (e.g. software purchase, software rental or license agreements)
- Factoring agreements
- Franchise agreements
- Outsourcing agreements
- License agreements
- Commercial agent contracts and distributor contracts
- Consignment warehousing agreements
- Carrier contracts, in particular in the area of money and value transport
- Partnership agreements and articles of association
In addition, we work for our clients in the following areas:
- Sales representative commission, in particular its origination and maturity
- Commission settlement, access to and excerpt from commercial agency book
- Prohibition of competition by the sales representative
- Sales representative’s own business
- Law of the insurance agent
Corporate law
MKM + PARTNER provides comprehensive advice on the creation and establishment of partnerships and corporations, in particular:
- Choice of legal form with respect to legal and tax aspects
- Drafting company contracts and articles of association
- Drafting of Managing Director contracts and Board of Management Contracts
- Supervision of general and shareholder meetings
- Support for members of the Managing Director Board, Chief Executive Management Board and Supervisory Board
- Assessment and representation in disputes between the company and its members or shareholders
- Expert assessment of all special corporate law issues
- Structuring of employee participation models, in particular stock option programs
- Accompanying capital measures (capital increase or reduction)