WIRTZ KRANEIS. Your partner for legal structuring advice and for litigation under business law

We will support and assist you in all legal matters concerning construction work with our wealth of knowledge and experience gained in the course of more than 50 years.

The legal fields traditionally dealt with by WIRTZ KRANEIS include building law, architects’ law and law relating to contracts for work and services. We assist and provide advice to both builders and contractors

• throughout all phases of a construction project

in legal terms, without losing sight of the impacts on technical or economic matters. Our assistance starts with

• the monitoring of tendering procedures;
• the drafting and examination of contracts;
• the negotiations with competent authorities.

During the implementation of the project we provide advice and assistance to you

• in the change order management;
• in uncovering and remedying defects;
• in identifying hindrances and obstacles;
• in drafting agreements resolving conflicts of interests.

Our advice is focused on your interest in finding pragmatic solutions to ensure the implementation of the overall project.
In cases of conflicts we represent our clients in the enforcement and defence of claims in court and out of court in

• independent proceedings for the taking of evidence;
• proceedings before public courts.

Another focus of our services is the defence of liability claims asserted against architects, engineers, specialists as well as experts. We cooperate with leading professional liability insurers in this field.

WIRTZ KRANEIS stands for high-quality legal advice and representation of credit institutions and financial service providers in all issues under banking and capital market law.

We advise and represent our clients above all in the following areas:

• Factoring and leasing;
• Lending and collateral security: ranging from the loan agreement to personal and real securities right up to complex financing regulations;
• Regulatory law (Federal Financial Supervisory Authority);
• Defence of liability claims arising from investment counselling and brokerage.

We provide several major commercial banks with our expertise in conducting legal disputes and in extrajudicial matters under banking and capital market law.

A current project of our law firm: providing advice to investors and distributors in the field of capital investments (in real estate). Our experts provide advice on the conclusion and drafting of lease contracts and related financing concepts such as dealer purchase financing.

Benefit as an insurer, policyholder and insuree from our expertise in this area – in particular in assessing and defending claims for insurance cover and liability claims.

Our services are focused on:

• pecuniary damage liability;
• municipal and government liability;
• property and liability insurance.

Our experts in particular provide services in the defence of liability claims brought to court.
We safeguard your interests above all in the following areas:

• representation of local authorities including municipal undertakings and companies;
• defence of claims arising from professional services provided by notaries public, lawyers, tax consultants and auditors as well as of architects, experts, engineers and specialist planners;
• representation of physicians and hospitals in cases of liability claims;
• defence of direct claims pursuant to the compulsory insurance law;
• providing advice and representation before courts in issues arising from the D&O insurance/D&O liability, both in respect of the liability claim and the insurance cover;
• defence of claims arising from investment counselling and brokerage;
• pecuniary damage liability/financial lines;
• fidelity guarantee claim insurance.

Our services also cover the defence of personal liability claims against managing directors of insolvent companies and the settlement of claims against the receiver and credit insurers.

The purchase, use, sale and management of real estate always involve legal issues which we will resolve and settle under real estate law. We thus ensure that values are maintained and your investment is profitable.

We clarify the legal framework surrounding your decision to invest in real estate early on.

We will closely cooperate with you in developing tailor-made solutions for the relevant legal issues regarding the real estate investments.

We will consult with experts from other specialist areas if their particular expertise is an advantage for the development and implementation of a real estate project.

Moreover, we contribute our expertise in guiding and assisting you:

• within the negotiations during the project stage, in the drafting and the conclusion of the agreements;
• in all civil, tax and planning law issues, including the public-law issues relevant in this context, in particular under building law and zoning law.

We further provide advice and represent commercial lessors and lessees in all issues arising from tenancy law.

• starting with the project conception, through to any issues associated with the preparation and conclusion of the lease and its winding-up
• and ending with the termination and return of the leased property.

In disputes we develop and shape strategies and priorities jointly with you to ensure the efficient and successful realization of your objectives.

Condominium law is gaining in importance for the development of real estates. The division of real estate projects pursuant to the requirements set forth in the German Condominium Act is the basis for most investments made in the housing construction. The condominium is moreover interesting for real property managements and for modern concepts of real property such as micro-housing, serviced apartments, hotel complexes, etc.

Legal issues in family and succession law are often closely interrelated. We assist you – both as entrepreneur and individual person – in all legally relevant issues arising from this complex matter.

WIRTZ KRANEIS assists, supports and advises you individually on making the proper provisions and drafting arrangements for your personal estate. We are the right contact partners for you to safeguard your interests in the event of the death of a loved one.

Our range of services offered regarding inheritance and succession:

• Succession planning for the enterprise and the entrepreneur including the entrepreneur’s will;
• Proposals for provisions of inheritance;
• Drafting the testamentary disposition;
• Anticipated conveyances;
• Provisions for the formation of wealth within the family;
• Provisions relating to the compulsory portion;
• Contractual provisions with heirs and relatives;
• Setting up and arranging foundations.

In this context, you as an heir should pay special attention to the following: We deliver our solutions and services taking account of all legal issues relevant to succession and inheritance, including but not limited to the relevant tax issues to avoid or reduce any inheritance or capital gains tax charge.

Members of our law firm are appointed as executors to implement the provisions relating to succession.

In controversial distributions of an estate, we will represent you in and out of court, whether you are the heirs, persons entitled to receive the compulsory portion in the estate or legatees, and will assist you in enforcing your claims.

We will advise you on family law comprehensively and aim to achieve the best possible solutions for you and all parties involved.

A marriage has considerable legal consequences which do not emerge until a separation or a divorce occurs. This is not only true for entrepreneurs, but they are in particular affected by disputes under family law which may quickly threaten the survival of their business.

We will of course represent you in court in all family law proceedings, however, our special focus is on providing individual guidance to our clients out of court: because each case is different!

Benefit at any time from the contractual possibilities provided by the modern family law, thus ensuring that many conflicts regarding the allocation of property can be avoided or settled right from the start before concluding marriage or in the event of a separation. The same holds true for the fields of maintenance or pension rights adjustment which are equally important.

We believe bringing conflicts before a court should be the last resort, since we know from experience that in most cases reaching an extrajudicial settlement is speedier and more cost-efficient, leading to results which are more satisfactory to all parties involved.

Our expert lawyers from the different practice areas work hand in hand as a team in family law matters, so that all aspects under company law, tax law and law of succession are taken into consideration.

Benefit from decades of experience and let us advise you with competence and sensitivity!

Labour law for employers, self-employed and executives: in good hands at WIRTZ KRANEIS.

We take care that you keep track of all labour law rules and regulations. Take advantage of our assistance in:

• representation in all labour law proceedings;
• preparing employment contracts and keeping them up to date;
• preparing and implementing dismissals or termination agreements;
• restructuring or outsourcing measures;
• issues concerning the German Works Council Constitution Act or the Codetermination Act;
• developing a functioning compliance system;
• providing training to employees on selected labour law issues.

Rely on our competent and experienced specialists in all labour law concerns. International companies doing business in Germany also profit from our many years of experience.

Our labour law team assists our colleagues specialised in company law and tax law in the formation, acquisition or transformation of companies.
In doing so we clarify the legal framework conditions and consequences arising from your projects under labour law, for example:

• the issues relating to the transfer of business (Section 613 a BGB [German Civil Code]);
• the commitment to collective bargaining agreements;
• the rights of the works councils and trade unions;
• the necessity and scope of social compensation plans.

WIRTZ KRANEIS is your expert law firm for all labour law issues concerning your own position

We discuss with you and analyse your employment conditions, assist you in dealing with shareholders and company hierarchies and we are advisers with many years of experience in handling critical situations.

Data privacy is also relevant in labour law.

The General Data Protection Regulation (GDPR) has serious impacts on the handling of the employees’ data and provides for high fines in case of violations. We provide you with expert advice on this important legal field as to the requirements of data protection as well as the implementation measures required in human resources.

As tax law experts we advise you both on tax planning and on tax conflicts.

We assess the issues arising from tax law in close cooperation with our company law advisers in

• the formation and restructuring of companies;
• corporate policies;
• transactions;
• shareholder conflicts or
• succession planning

and develop solutions for achieving tax optimisation.

At the same time, we advise and represent our clients in

• tax audits or other tax investigations;
• disputes with the tax authorities;
• tax appeal proceedings;
• proceedings before the tax courts;
• preliminary investigations of tax offences.

We will closely cooperate with colleagues of the tax consulting and auditing professions who provide services to the clients on an on-going basis.

Within the scope of our tax law activities, we further focus on the representation of members of the tax consulting and auditing professions in and out of court, in recourse claims against them, in coordination with the respective institution of the pecuniary loss liability insurance.

Our long-standing experts are dedicated to providing advice and guidance to you as an entrepreneur on company law. We contribute experience gained over decades for your benefit, regardless of your company’s size, your line of business or your role, e.g. as a shareholder or manager. We are your professional and experienced partners for company law, M&A and company restructuring!

WIRTZ KRANEIS provides an ample range of services for you:

• Assistance in forming companies and transferring shares and interests;
• Regulation of internal organisation including the structure of the management board or the board of directors and the service regulations of the managers;
• Assistance in dealing with complex issues such as transformations, mergers or regulation of legal structures of groups;
• Development of solutions for choosing the most suitable legal form and for shaping the adequate structures under company law;
• Preparation of the required agreements and formal measures, taking account of the relevant tax law issues.

Make use of our well-versed and individual counselling services in corporate succession.

We will tailor all solutions and services to your specific case, ranging from establishing the corporate structure under company law for corporate succession to drawing up the entrepreneur’s testament, taking account of factors under succession and inheritance tax law.

In conflicts we will accompany and represent shareholders and executives in negotiations and disputes under company law of whatever kind:

• in taking the right tactical preparations;
• in controversial shareholders’ meetings;
• in arbitration or court proceedings of first and appeal instance;
• in defending liability claims against the management of the company, including related issues arising from the D&O insurances;
• in mediations;
• in arbitration proceedings.

We provide services as arbitrators in business law disputes.

Digitalisation is constantly moving forward. Issues relevant to the protection of data are on the rise. Benefit from our qualifications in data protection and IT law.

We assist you in IT law in

• formulating and concluding agreements relating to the development, licensing and maintenance of software (individual agreements and general terms and conditions of business);
• developing licensing models;
• implementing and migrating IT systems;
• finding solutions for conflicts relating to problems in all project phases;
• asserting and defending claims; and
• formulating cooperation agreements.

Our advisory services focus on the development of pragmatic and practical solutions. In this context we develop strategies jointly with you to safeguard your interests as efficiently as possible, also taking account of cost factors.

Our data protection experts will assist you in

• developing and implementing a data protection management compliant with the GDPR;
• drafting and assessing contracts;
• defending claims; and
• drafting online offers and marketing actions.

Rely on our expertise regarding issues under road transport law

We provide advice and represent you in all issues arising from road transport law, including

• settlement of claims after an accident;
• recourse claims from liability insurers;
• summary proceedings; and
• issues under traffic offence law.

Within our advisory services and assistance we also coordinate

• the communication with insurers and experts;
• towing companies;
• investigative authorities; and
• third parties involved.

When asserting active claims we develop strategies jointly with you to safeguard your interests, always taking account of the costs and risks you are likely to incur. Our representation thus relates to

• the extrajudicial enforcement as well as
• the representation in court.

Besides businesspeople and private persons, our clients also include insurers which we in particular represent in defending claims. We thus know the arguments of potential opponents to the claim from our wealth of experience and we can proactively take them into consideration in our activities.

One of our distinctive competencies lies in the defence of claims based on alleged errors in treatment or failures of providing medical information or organisation by doctors, hospitals and their employees.

We have been working exclusively for the practitioner side in this area for several decades. Within the scope of our services we attach particular importance to the bundling of skills through the close and trusting cooperation and the exchange with all contact persons involved in the liability case. The Handelsblatt Research Institute determined the law firm WIRTZ KRANEIS in the WirtschaftsWoche ranking in the field of “medical law” as “TOP LAW FIRM 2020”.

WIRTZ KRANEIS is your well-versed partner for professional, judicial and extrajudicial litigation/resolution of conflicts.

Our traditional strengths and core competencies include the representation of your interests in all disputes in court, i.e.

• before public courts, and
• arbitral tribunals.

All of our lawyers are also engaged in forensic activities in their fields of expertise. In this context, we also deal with complex proceedings for which we build interdisciplinary teams to ensure your optimal representation.

In the preparation of a court dispute we also provide advice and guidance to you – in interdisciplinary teams if expedient – in connection with

• ascertaining and assessing the decisive facts of the case;
• analysing the chances of success and assessing the risks;
• identifying your strategic objectives;
• developing a strategy for the proceedings, taking account of the cost factors;
• preserving evidence;
• opposition and appeal proceedings before authorities.

Based on our forensic experience we moreover assist you in

• developing extrajudicial solutions for conflicts;
• conducting negotiations to settle disputes.

Our services provided in arbitration relate to

• representation in arbitration proceedings;
• assumption of the office of an arbitrator;
• assistance in the selection of an arbitrator;
• drafting of arbitration clauses.

After the conclusion of the proceedings we will advise and assist you in enforcing your claims in

• the judicial execution.