Stock Corporation Law – Law Firm – The lawyers of the Herfurtner law firm advise clients nationwide. Our clients include investors, stock corporations, management boards and supervisory board members.
Stock corporation law in Germany is regulated by the German Stock Corporation Act. There the construction of the stock corporation as well as the handling of issued shares is defined and regulated.
Our lawyers advise in particular in the following areas of stock corporation law:
Establishment of a public limited company
Application and entry in the commercial register
Drafting of contracts and the statutes
Advice and representation of management and supervisory boards (rights, duties, liability)
Preparation and execution of general meetings
Shareholder lawsuitsSupport in connection with the acquisition of shares and other securities <
The German Stock Corporation Act is supplemented by the following regulations, among others:
Act on the Implementation of the Shareholders’ Rights Directive (ARUG)
German Act on the Appropriateness of Management Board Compensation (VorstAG)
German Accounting Law Modernisation Act (BilMoG)
Act to Modernise the Law on Private Limited Companies and Combat Abuses (MoMiG)
Corporate Tax Reform
German Corporate Governance Code Supplementary regulations to the German Stock Corporation Act can also be found in the German Commercial Code (HGB) and the German Civil Code (BGB)
Business Law Lawyer – Legal Regulations Germany
Important legal regulations from commercial law can be found in particular in the following laws
German Civil Code (BGB)
Introductory Act to the German Civil Code (EGBGB)
General Equal Treatment Act (AGG)
Product Liability Act (ProdHaftG)
German Commercial Code (HGB)
UN sales law (CISG)
Law against unfair competition (UWG)
German Stock Corporation Act (AktG)
Cooperatives Act (GenG)
Partnership Company Act (PartG)
German Transformation Act (UmwG)
Insolvency Code (InsO)
German Banking Act (KWG)
Securities Trading Act (WHG).
International Business Law
International economic relations are governed by international commercial law. Due to increasing globalisation, international economic law has an increasingly important role to play. For example, a company from Munich has more and more customers in neighbouring countries, or even worldwide. This means that international business law applies in addition to German business law and the question arises how to harmonize the different laws.
In many areas of international business law a certain standardization of legal norms has already taken place. Nevertheless, there are often cases of considerable divergences between the different national and international legal norms.
In principle, the norms of international and European law take precedence over the norms of German commercial law. Thus, the relationship between national and European law can be summarised as follows “European law breaks federal law”.
A company based in Munich must therefore not only observe the legal provisions applicable in Germany or Bavaria, but must also always orient itself to EU law.
In recent years, a large number of court decisions have been issued which should provide more clarity in international business law. However, this has only been achieved to a limited extent, so that many questions have remained unanswered and always require careful examination of individual cases.
Companies and entrepreneurs should therefore seek advice in business law from a specialist lawyer in good time in order to avoid taking unnecessary risks in international business transactions.
Private Business Law
Private commercial law is of particular importance for those involved in economic life. The term private commercial law is not defined by law. It generally refers to the rules governing the exchange of goods and services between producers, traders, companies and consumers. It covers the following areas in particular:
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