Legal advisory service

Our clients expect “one-stop” consulting from us. We therefore handle all phases of commercial law in house.

Our attorneys are all members of the full-service law firm of Spielmann, Becker, v. Buchwaldt & Partner mbB, Auditors, Tax Consultants and Attorneys-at-Law.

For special cases and international situations, we can call on a solid network of cooperating consultants and on our HLB International Network.

Core areas are:

Labor Law

Labor law is one of the legal fields in which either a contractor or an employee encounters legal issues almost daily. Our consulting covers the entire spectrum of individual and collective labor law. We offer services ranging from individual labor law consulting to the development of business strategies and crisis management. We negotiate and prepare labor and service contracts and represent your interests, if necessary, in any court country-wide.

Our services include:

  • Preparing and verifying labor contracts
  • Preparing contracts for CEOs, boards of directors, and individual employees
  • Consulting and representation for terminating labor and service relationships (wrongful dismissal protection), staff downsizing
  • Case management in labor and civil courts
  • Industrial constitution law, corporate co-determination
  • Preparing and negotiating operating agreements, balancing of interests, and benefit plans
  • Business restructuring and reorganization, company closures and relocations
  • Strategic consulting for company conversions subject to § 613 a of the BGB (German civil code)
  • Company retirement benefits
  • Validating and performing transaction business and due diligence related to labor law
Succession law

Our consultants have many years of practical experience in the field of succession law and asset inheritance. We advise clients in all areas of national and international asset inheritance. We also provide consulting after a succession case has begun.

These activities include, in particular:

  • Tax-optimized succession and inheritance planning, also available for businesses
  • Establishment of foundations for living persons and in the event of death
  • Preparation of instructions in the event of death
  • Inheritance distribution consulting
  • Legal representation in succession proceedings and inheritance certificate procedures
Non-profit organization law

A priority for our law firm is consulting for all aspects of non-profit organization law: from founding through daily operation to the liquidation of non-profit organizations (non-profit societies, non-profit corporations, non-profit foundations, and other third-sector organizations, including business and professional associations).

Company law

Company law is the basis for preparing company contracts, shareholder resolutions, and management contracts and has long-term effects on the fates of people forming associations for business or asset management purposes. Our firm traditionally specializes in these areas.

Prospective conflict and liability avoidance is a priority for us, always in consideration of the fiscal and accounting effects of the legal situation. Our promise is to generate solutions for individual issues as well as commercial legal situations that tailor your interests to the legal form of the business.

We accompany a business or corporation from founding through daily operation to closure, representing business groups and consortia as well as individual business partners and owners.

Mercantile law

Mercantile law is known as the special law for retailers, governs relationships with tradesmen and contractors, and, last but not least, is the basis for accounting. We know the special ins and outs of mercantile law and offer our clients expert consulting in this field. It includes preparing contracts between companies, such as purchaser and supplier contracts or distribution contracts, and also covers legal enforcement in business affairs.

Of course we are also qualified to handle all other business-related legal issues that companies might encounter.

Leasing law

IOur leasing law attorneys provide counsel on commercial and residential leasing law. Our work here involves more than just negotiating a contract that meets your needs. Our firm and its attorneys are also strong partners in the event of any problems with ongoing leases.

Succession consulting

Control of asset and company succession is a significant issue, of high importance not only to businesspeople but also to wealthy private individuals. In addition to the desire for optimal inheritance tax and income tax results, there are usually also business-related legal requirements to consider.

With our in-depth knowledge of our clients’ business and tax situations, we can provide individualized and targeted consulting for succession planning and personal will preparation.

We also handle questions related to bequests, anticipated successions, or transferring assets to trusts, for example (family trust or non-profit foundation) as an instrument of succession.

Reorganization and bankruptcy

We provide trustworthy, reliable consulting services to both lending and borrowing companies, including assistance in the event of a commercial crisis, reorganization, or bankruptcy. We offer legal advice for avoiding civil and criminal liability to business partners and owners.

We support creditors and insured parties in filing their claims and securing their debts.

We also advise our clients regarding impending company liquidation, develop and verify bankruptcy plans, or negotiate with bankruptcy administrators and tax authorities.

Social security law

Spielmann, Becker u. v. Buchwaldt has advised and represented its clients for years regarding social security law for all status categories. For example, when using contract labor and even for business partners or owners, there are often financial risks related to determining whether the activity constitutes an employment relationship subject to social security.

Our firm has many years of experience with representing its clients in opposition proceedings against the German Pension Insurance authority, in addition to representing them before the social courts.

Overview of services:

Status determination proceedings

Arrangements to exempt business owners from the social security requirement

Representation against social security insurance carriers in opposition proceedings

Representation during proceedings in the social courts

Tax law

We have years of experience in providing tax advice to companies, contractors, investors, and private individuals. We offer consulting in consortium and reorganization tax law and develop tax-optimal solutions for transactions, restructuring, and financing as well as succession and asset management planning. In addition, we handle tax disputes, conduct business audits, and prepare voluntary declarations.

Overview of services:

  • Representation before financial authorities in appeal proceedings, collection of related information, and final settlements
  • Representation in proceedings before financial and administrative courts
  • Accompaniment for tax audits
  • Tax structuring of asset transfers/successions
  • Value-added tax law (national and international)
  • International tax law (e.g., double-taxation agreements, change of domicile or branch)
  • Tax assistance for transactions, in particular structuring of company purchases and sales, due diligence
  • Advice regarding tax-related risks and opportunities of company restructuring, tax structuring during reorganizations, and tax advice with respect to bankruptcy
  • Non-profit organization law for German sports associations and clubs
Restructuring

Restructuring of companies and consortia can be based on legal, tax, or operating reasons. Causes can include operating requirements, cost and tax optimization, company successions, sale preparations, liability reduction, or crisis-avoidance strategies.

Issues related to restructuring and reorganization measures in particular require the skills of an interdisciplinary team of experienced attorneys, auditors, and tax advisors. We develop solutions tailored to our clients and accompany them through all phases of reorganization, including mergers, splits, spin-offs, changes in legal status, or transfers of individual assets.

Mergers and acquisitions

Acquisitions and sales of companies, branch locations, or holdings are major steps for mid-sized companies and can involve considerable commercial risk. Full accompaniment throughout company acquisitions and sales falls within the traditional priorities of the advisors at Westprüfung-Emde.

Professional support in all commercial, legal, and tax-related aspects of such transactions is our promise. We will be at your side, from signing a non-disclosure agreement or letter of intent through due diligence and contract preparation to execution of the sale contract and company integration.

Association and organization law

We have years of experience in working with associations and organizations. Our advisement spectrum includes founding an association or organization, operations consulting for associations and organizations, and restructuring of organizations as well as accompaniment during bylaw changes. A particular priority here is tax-related advice.

Contract preparation and general civil law

In the area of contract law or civil law, we advise our clients in all contract relations and assist in preparing contracts and with any disputes during their performance. Our consulting spectrum ranges from law related to general business terms and conditions through leasing law to purchasing or distribution rights of companies.

Business consulting
  • Business diagnosis
  • Determination of short- and long-term business goals
  • Budget planning and preparation support
  • Individual business-related assessments
  • Consulting for investment and financing issues
  • Development of procedures and forms for monthly balancing
  • Analysis of short-term income statements and year-end results
  • Development and implementation of business indices
  • Commercial consulting for purchasing and selling companies
  • Assessment of companies and company divisions for acquisition and divestiture decisions
  • Consulting for introducing international accounting
  • Consulting rating issues
  • Generation of reorganization recommendations
  • Strategic wealth building planning
  • Private asset structure planning
  • Security portfolio management and investment consulting
  • Consulting for real estate acquisition, profitability and liquidity studies with IT-supported programs