In addition to his work in commercial and criminal tax law, our partner Wolfgang Prinzenberg has also been active in business law (particularly commercial and corporate law) since 1982, which in many cases is just as important as criminal law itself when it regards matters of commercial criminal law. Furthermore, Mr. Prinzenberg is an experienced business mediator.
Commercial and corporate law regulates the interaction of individuals (and, where applicable, their heirs/legal successors) as partners in a partnership under the civil code (Gesellschaft bürgerlichen Rechts – GbR), an open trading company (offene Handelsgesellschaft – OHG), a limited partnership (Kommanditgesellschaft – KG), a corporation (Aktiengesellschaft – KG or SE) and most commonly in a limited company (Gesellschaft mit beschränkter Haftung – GmbH). At the same time, the standards in the German Civil Code (Bürgerliches Gesetzbuch – BGB), the German Commercial Code (Handelsgesetzbuch – HGB), the German Stock Corporation Act (Aktiengesetz – AktG) and the German Limited Liability Companies Act (GmbH-Gesetz – GmbHG) ensure the conditions for the interaction of companies with identical or different legal forms as well as compliance with existing rules for investors and financial administration.
This notwithstanding, over the course of a company’s lifespan, disputes often arise between partners that in some cases even threaten its very existence. Due to the potential reputational risks associated with public court proceedings, such matters are increasingly best resolved through mediation.