Corporate Law

Company law regulates the legal relationships of associations of persons in order to achieve an economic purpose.
Initial Consultation
Corporate Law
Company acquisition and sale

The purchase of company shares (Share Deal) or assets of the company (Asset Deal) requires close coordination of various legal areas. Before contract negotiations, risks must be identified through due diligence (legal risk assessment of the target company). Identified risks impact both the price negotiation and the content of the purchase agreement.Our team comprises specialized attorneys in corporate law, labor law, commercial law, and data protection. They work interdisciplinarily to optimally manage your purchase or sale.

Merger (Joint Venture)

In addition to the classic make-or-buy decision ("make": build a business area yourself, "buy": acquire it on the market), companies have a third option: merging with another company. This is known as a joint venture.

In our increasingly complex economic world, there are several good reasons for merging companies, such as combining different production resources, expertise, or capital. However, especially the classic 50/50 joint ventures not only offer opportunities but also pose risks. To prevent disputes at the shareholder or partner level, careful and tailored contract drafting is essential.

Our corporate law experts will advise you on your planned company merger and work with you to create customized contracts.

Shareholder Disputes

Trust and personal sensitivities also play a crucial role in joint economic ventures. If disputes arise between shareholders regarding the company's policies or if trust is broken for other reasons, it can lead to a rift.

Questions that may arise—such as "Who leaves?", "Who stays?", "Who gets what?"—can lead to long-term legal conflicts. Such disagreements must be addressed from the outset with a long-term strategy.

We will work with you to develop this strategy and support you throughout the entire process.

Company Formation

A joint company is like a business marriage: the cooperation of both parties can function well for a long time without contractual agreements. However, when interests diverge, the value of a "prenuptial agreement" – in the form of a partnership agreement – becomes evident.

We support you in your founding endeavors: Regardless of the type of company, we assist you in considering and formulating your interests in the contract. Whether it is a minority or majority company, whether you are involved in the management or only economically participating in the company.

Our corporate law attorneys have extensive experience with such arrangements: they can assess both the need for regulations and the consequences of inadequate agreements.

Transactions

The purchase of company shares (Share Deal) or assets of the company (Asset Deal) requires close coordination of various legal areas. Before contract negotiations, risks must be identified through due diligence (legal risk assessment of the target company). Identified risks impact both the price negotiation and the content of the purchase agreement.Our team comprises specialized attorneys in corporate law, labor law, commercial law, and data protection. They work interdisciplinarily to optimally manage your purchase or sale.

Company acquisition and sale

The purchase of company shares (Share Deal) or assets of the company (Asset Deal) requires close coordination of various legal areas. Before contract negotiations, risks must be identified through due diligence (legal risk assessment of the target company). Identified risks impact both the price negotiation and the content of the purchase agreement.Our team comprises specialized attorneys in corporate law, labor law, commercial law, and data protection. They work interdisciplinarily to optimally manage your purchase or sale.

Company acquisition and sale

The purchase of company shares (Share Deal) or assets of the company (Asset Deal) requires close coordination of various legal areas. Before contract negotiations, risks must be identified through due diligence (legal risk assessment of the target company). Identified risks impact both the price negotiation and the content of the purchase agreement.Our team comprises specialized attorneys in corporate law, labor law, commercial law, and data protection. They work interdisciplinarily to optimally manage your purchase or sale.

Company acquisition and sale

The purchase of company shares (Share Deal) or assets of the company (Asset Deal) requires close coordination of various legal areas. Before contract negotiations, risks must be identified through due diligence (legal risk assessment of the target company). Identified risks impact both the price negotiation and the content of the purchase agreement.Our team comprises specialized attorneys in corporate law, labor law, commercial law, and data protection. They work interdisciplinarily to optimally manage your purchase or sale.

Company acquisition and sale

The purchase of company shares (Share Deal) or assets of the company (Asset Deal) requires close coordination of various legal areas. Before contract negotiations, risks must be identified through due diligence (legal risk assessment of the target company). Identified risks impact both the price negotiation and the content of the purchase agreement.Our team comprises specialized attorneys in corporate law, labor law, commercial law, and data protection. They work interdisciplinarily to optimally manage your purchase or sale.

Company acquisition and sale

The purchase of company shares (Share Deal) or assets of the company (Asset Deal) requires close coordination of various legal areas. Before contract negotiations, risks must be identified through due diligence (legal risk assessment of the target company). Identified risks impact both the price negotiation and the content of the purchase agreement.Our team comprises specialized attorneys in corporate law, labor law, commercial law, and data protection. They work interdisciplinarily to optimally manage your purchase or sale.

Company acquisition and sale

The purchase of company shares (Share Deal) or assets of the company (Asset Deal) requires close coordination of various legal areas. Before contract negotiations, risks must be identified through due diligence (legal risk assessment of the target company). Identified risks impact both the price negotiation and the content of the purchase agreement.Our team comprises specialized attorneys in corporate law, labor law, commercial law, and data protection. They work interdisciplinarily to optimally manage your purchase or sale.

Company acquisition and sale

The purchase of company shares (Share Deal) or assets of the company (Asset Deal) requires close coordination of various legal areas. Before contract negotiations, risks must be identified through due diligence (legal risk assessment of the target company). Identified risks impact both the price negotiation and the content of the purchase agreement.Our team comprises specialized attorneys in corporate law, labor law, commercial law, and data protection. They work interdisciplinarily to optimally manage your purchase or sale.

Company acquisition and sale

The purchase of company shares (Share Deal) or assets of the company (Asset Deal) requires close coordination of various legal areas. Before contract negotiations, risks must be identified through due diligence (legal risk assessment of the target company). Identified risks impact both the price negotiation and the content of the purchase agreement.Our team comprises specialized attorneys in corporate law, labor law, commercial law, and data protection. They work interdisciplinarily to optimally manage your purchase or sale.

Company acquisition and sale

The purchase of company shares (Share Deal) or assets of the company (Asset Deal) requires close coordination of various legal areas. Before contract negotiations, risks must be identified through due diligence (legal risk assessment of the target company). Identified risks impact both the price negotiation and the content of the purchase agreement.Our team comprises specialized attorneys in corporate law, labor law, commercial law, and data protection. They work interdisciplinarily to optimally manage your purchase or sale.

Our Experts in this Department

Jörg Offenhausen

Partner, Lawyer, Specialized Lawyer in Commercial and Corporate Law.

Kontakt activelaw TelefonKontakt activelaw E-Mail
Edward Stoye

Lawyer, Specialized Lawyer for Commercial and Corporate Law

Kontakt activelaw TelefonKontakt activelaw E-Mail
Dr. iur. Christoph R. Wolter, MLE

Partner, Lawyer, Notary

Kontakt activelaw TelefonKontakt activelaw E-Mail
Richard Prechtel, LL.M.

Partner, lawyer, notary, specialist lawyer for commercial and corporate law

Kontakt activelaw TelefonKontakt activelaw E-Mail
Dr. iur. Alexander Nefzger

Partner, Lawyer, Notary, Specialized Lawyer for Commercial and Corporate Law, Specialized Lawyer for Inheritance Law

Kontakt activelaw TelefonKontakt activelaw E-Mail
Dr. iur. Samad Zarifkar

Lawyer, Specialist Lawyer for Tenancy and Condominium Law

Kontakt activelaw TelefonKontakt activelaw E-Mail
Financing of aircraft

If you are financing the acquisition of the aircraft through a loan or leasing arrangement, we can optimally advise you on the transaction. This includes drafting and negotiating a financing agreement suitable for your purposes, as well as addressing potential liens and other security arrangements.

Additionally, we coordinate the processes between you as the buyer, your bank, sellers, and operators. We ensure that the requirements of the credit institution for loan disbursement can be met so that the purchase price can be paid upon the technical acceptance and delivery of your business jet.

Our team has advised on aircraft financing worth 5.6 billion EUR. Moreover, we collaborate with the experienced and ideal partners.

Import / VAT on Aircraft

When buying and selling aircraft from and to the European Union, import sales taxes and customs duties may apply. This must be properly declared as soon as the aircraft lands at the first customs airport. Otherwise, your VAT refund could be jeopardized when the aircraft is used for business purposes and, depending on where it is handed over, further transaction duties may be incurred. Based on our many years of experience with the export and import of aircraft, we optimize both your transaction and the handover of your business jet.

Registration of Aircraft

For the registration of your aircraft, you need to complete and submit numerous documents. Whether you want to register your business jet under the flag of the Channel Islands, the Virgin Islands, or with the Luftfahrt-Bundesamt (LBA) in Braunschweig, Germany – we advise and assist you in preparing the necessary documentation and registration.

Ownership and Management Contracts

Often, Owners are lacking the knowhow to maintain an aircraft in compliance with the regulations of the EASA (European Union Aviation Safety Agency) and the LBA (Luftfahrt-Bundesamt, German Federal Aviation Office), and let their aircraft be manageged by an AOC. If you decide to operate your aircraft through such an operator, this involves a variety of legal and economic questions. We assist you in answering these questions and in drafting the contracts.

Advice on the different operating forms (AOC, NCC)

We examine both the legal permissibility and the tax implications – depending on your intended owner flights, third-party charter for cost reduction, use for company transport within the group, or shared use with other co-owners. This includes topics such as VAT exemption, fuel tax, or operating costs as deductible expenses in special purpose entities.Additionally, we handle the mediation of optimal partners as well as the creation of the necessary contractual documentation for you. For example, in the use of a foreign Air Operator Certificate (AOC) or the implementation of the Continuing Airworthiness Management Organisation (CAMO).

Transaction consulting

For many owners and operators of business aircraft, as well as their legal advisors, neither the purchase nor the sale of the aircraft is part of their daily business. The risk of overlooking pitfalls in unfamiliar territory is high. Therefore, we take care of the smooth execution of the transaction.

Our advisory goal is to protect and represent your interests. This means more than just the concrete planning and documentation of the transaction: creative solutions must be developed, and the deal must be quickly brought to a close without getting bogged down in potential side issues. We accompany you every step of the way: from advising on technical questions before the purchase to tax issues and customs clearance.

We are at your service 24/7 to quickly complete your transaction. With over 150 transactions completed, we have a wealth of experience. Thanks to a fee cap and regular cost updates, you always have an overview of your cost volume with us. Additionally, we collaborate with Germany's largest independent aircraft broker: BAS – Business Aviation Services.

Formation of SPCs

To separate liability, aircraft are often not operated within the owner's operational company but through dedicated holding entities. Together with our notaries, we provide all the necessary services from a single source, guiding you through the entire process—from establishing a national or international special purpose company to legally connecting it with the aircraft owners.

Richard Prechtel, LL.M.

Partner, lawyer, notary, specialist lawyer for commercial and corporate law

Kontakt activelaw TelefonKontakt activelaw E-Mail
Dr. iur. Alexander Nefzger

Partner, Lawyer, Notary, Specialized Lawyer for Commercial and Corporate Law, Specialized Lawyer for Inheritance Law

Kontakt activelaw TelefonKontakt activelaw E-Mail
Matthias Reuleaux, LL.M.

Lawyer, of Counsel

Kontakt activelaw TelefonKontakt activelaw E-Mail
David Meixner

Lawyer, of Counsel

Kontakt activelaw TelefonKontakt activelaw E-Mail
Edward Stoye

Lawyer, Specialized Lawyer for Commercial and Corporate Law

Kontakt activelaw TelefonKontakt activelaw E-Mail

Aircraft Damage Claims

When aircraft sustain damage, legal disputes with insurers can quickly arise. For instance, if a pilot makes errors during flight preparation leading to an accident, liability insurers may hold the pilot accountable, or hull insurers may refuse coverage due to alleged gross negligence. These cases often require judicial clarification to determine whether safety regulations were violated. Successfully asserting claims against insurers demands in-depth expertise in aviation and insurance law.

Wet-Lease Agreements

Wet-leasing, or ACMI leasing, involving the charter of aircraft along with crew, maintenance, and insurance, has become a critical operational model. Due to fluctuating and often short-term capacity needs of commercial airlines, coupled with supply chain delays from aircraft manufacturers, various forms of wet-leases have emerged to cater to these individual requirements. We tailor contracts to your specific needs, focusing particularly on ensuring quality standards regarding maintenance, crew qualifications, and financial security through performance guarantees.

Aircraft Leasing Agreements

In recent decades, the aircraft leasing market has experienced significant growth. Large leasing providers offer aircraft to commercial airlines in various forms under complex and extensive contracts. We delve into this intricate field to craft solutions that align with your interests, addressing delivery and redelivery conditions, usage scope, and responses to contract violations (default situations). Additionally, we coordinate the execution and implementation of agreements to secure optimal outcomes for you.

Employment and Freelance Contracts for Pilots

Navigating the intersection of labor law and aviation law requires specialized knowledge. For example, the definition of travel to the home base differs under labor law compared to FRMS (Fatigue Risk Management Systems). Determining whether a pilot is an employee or a freelance operator hinges on nuanced legal precedents. Our labor law team advises various commercial aviation companies, helping you address these complexities without stumbling.

Maintenance Agreements

Maintenance forms the cornerstone of safe flight operations. We provide counsel on framework agreements for base and line maintenance, negotiating contracts for the supply of technical components and avionics to ensure reliable operations.

Richard Prechtel, LL.M.

Partner, lawyer, notary, specialist lawyer for commercial and corporate law

Kontakt activelaw TelefonKontakt activelaw E-Mail

Corporate Law

As the legal counsel of GATE e.V., we are closely connected to the recurring legal challenges that affect your business. This enables us to provide swift, cost-effective, and well-founded advice. Whether you are a foreign corporation seeking guidance on legal matters for your subsidiary in Germany, drafting a framework supply agreement, or requiring tailored terms and conditions for your procurement processes, we have the right solution at hand. The German Aviation Security Act holds no surprises for us, and we navigate the intricacies of an airside vehicle just as confidently as we handle vertical baggage conveyors.

Corporate Law
Corporate Law
Corporate Law
Corporate Law
Corporate Law
Corporate Law
Corporate Law
Corporate Law
Corporate Law
Corporate Law
Corporate Law
Corporate Law
Corporate Law
Richard Prechtel, LL.M.

Partner, lawyer, notary, specialist lawyer for commercial and corporate law

Kontakt activelaw TelefonKontakt activelaw E-Mail

That's what you can expect

This is how we work at activelaw

Your Information

You tell us about your situation, we review your documents. We will give you an initial assessment of your case as soon as possible.

Your opportunities

Our experts will advise you on your chances of success and the individual options for your case.

Our promise

We advise and represent you in all legal matters until your request is successfully implemented.

Do you have specific questions or a particular concern?