Advice on shareholder disputes and corporate restructurings often extends beyond the immediate resolution of a conflict or the implementation of a new structure. The decisions taken frequently give rise to corporate law issues that remain relevant to the future management and development of the company.
Additional advice comes into play where established structures need to be further developed, decision-making processes shaped or specific corporate law issues addressed.
Corporate structures need to be maintained in day-to-day business and adapted as circumstances change. Ongoing advice therefore includes support with corporate decisions, shareholder resolutions and the maintenance of relevant corporate documentation. It builds on existing structures and helps ensure that they continue to function reliably in practice.
Internal investigations can have significant personal and legal consequences for board members and senior executives. The interests of the company and those of the individual concerned do not necessarily align at every stage. Independent legal representation helps assess the individual’s position at an early stage and protect their rights throughout the investigation.
Extensive experience from comprehensive internal investigations, including leading document review teams and classifying potentially relevant findings into the underlying factual background, provides a practical understanding of how investigation teams work and how the level of information evolves over the course of an investigation. This perspective helps to assess the investigation team's approach at an early stage and to align one's own position accordingly.
Businesses need clear rules as to who makes decisions, who is involved and how responsibilities are allocated. Corporate governance provides reliable structures for this and ensures that management and shareholders can continue to act effectively as circumstances change.
This may involve, for example, reorganising responsibilities and approval requirements, adapting decision-making processes, or aligning provisions in the articles of association with internal organisational rules.
Valuation issues frequently arise in corporate law when shareholdings are reorganised, transferred or terminated. They may be relevant to compensation and equalisation payments as well as to the assessment of different structuring options.
Legal disputes involving company valuations are a particular area of experience. This includes valuation issues arising in German appraisal proceedings, where company values and the underlying valuation assumptions are regularly at the centre of the dispute.