Advice for partners in a GbR and shareholders in a GmbH

Clear rules for working together

Running a business together means making decisions, allocating responsibility and managing different interests. The partnership agreement or articles of association provide an important framework. They should reflect the venture and the actual circumstances of those involved.

Together, we examine which matters need to be addressed and the implications of the proposed arrangements. These include the allocation of responsibilities, decision-making processes and changes in ownership. We also consider existing agreements and the tax framework.

When a dispute arises between partners or shareholders

A dispute can seriously affect day-to-day operations and personal working relationships. I first assess the facts: What agreements exist? What is documented? What are your objectives? How would each solution affect the business and your interest in it?

On this basis, I discuss the options with you, conduct negotiations and represent you in court if the dispute cannot be resolved out of court. We choose a course of action in light of the prospects of success, the effort involved and the financial implications.

Topics for advice

• Reviewing and drafting agreements between partners or shareholders.
• Coordinating company law decisions with their tax implications.
• Preparing negotiations where partners' or shareholders' interests differ.
• Representation in company law disputes.

How does advice for a GbR differ from advice for a GmbH?

The legal form determines the statutory rules, formal requirements and contractual options that need to be considered. The specific governing agreement and the position of those involved also matter. An arrangement designed for a GmbH therefore cannot simply be applied to a GbR. We examine your documents to determine what suits your case.

Which documents should I have ready?

The current partnership agreement or articles of association, all amendments, supplementary agreements, resolutions and correspondence relating to the matter are helpful. For a dispute, please also prepare a brief chronology. We discuss relevant financial and tax documents in the next step.

Whom do you represent in a dispute between partners or shareholders?

Before accepting an engagement, we clarify who the client will be and whose interests are to be represented. Please therefore identify the company and people involved when making your enquiry. We then agree on the possible scope of representation.

Advice in Berlin, Munich and online

I advise you personally. Appointments are available by arrangement in Berlin, Munich and online. A brief description of the venture or dispute is enough for your initial enquiry.