Commercial Law

Commercial law disputes between companies require not only legal understanding, but also, in particular, business and interpersonal understanding. Finding a solution that is economically justifiable for both sides is usually more sensible than conducting a legal dispute that can last for years. If court proceedings cannot be avoided, the legal dispute usually ends up before the Chamber for Commercial Matters (KfH). In this case, procedural knowledge plays a decisive role in addition to commercial law regulations and customs.

General terms and conditions (GTC) are ubiquitous today in order to regulate the contractual relationships between your company and your customers in a clear and legally binding manner in a standardized form and to avoid the expense of individual contracts. We support you by reviewing your existing general terms and conditions and updating them if necessary, as well as drafting and structuring new ones, thus ensuring that your business is based on a solid legal foundation and unnecessary disputes are avoided.

You know better than we do that commercial agents are important to help your company sell your products and services in the market, build customer relationships and maximize sales opportunities. We provide professional advice on how to deal with existing and prospective commercial agents by drafting and reviewing tailor-made contracts and helping you to minimize legal and business risks to ensure a successful and long-term relationship. We also ensure smooth handling in the event of termination of the business relationship, whether by mutual agreement or in dispute.

“The distribution of goods and services via commercial agents, authorized dealers and franchisees is a cornerstone of our liberal economic order” (as Niebling, Vertriebsrecht von A-Z, 1991, foreword, p. V.). In recent decades, distribution law has developed into a complex cross-sectional matter of immense practical importance; it accompanies the path of a product from the producer to the end customer. A legally and economically well thought-out drafting of your distribution agreements avoids disputes with your business partners and ensures your entrepreneurial success.

Depending on your business activities, supply agreements come in many different forms, such as purchase agreements, rental agreements, service agreements or overarching framework agreements. From a legal point of view, however, it always comes down to the same things over and over again, and we can assist you in examining and drafting them. In particular, it is important to clearly and precisely define delivery conditions and deadlines, quality standards, prices and liability issues in order to avoid disputes and capacity problems later on.

The list of trade clauses drawn up by the International Chamber of Commerce and the resulting obligations for buyers and sellers (INCOTERMS – International Commercial Terms as of 01.01.2020) has become an integral part of international trade. In certain cases, the inclusion of INCOTERMS in the commercial contract can help to simplify contracts and create legal certainty in international trade. We are happy to support you in this, also in English.

The purpose of the transparency register introduced in 2017 is to prevent money laundering and terrorist financing. The purpose of the transparency register introduced in 2017 is to prevent money laundering and terrorist financing. Entries on the beneficial owners of “legal entities” and “legal arrangements” are to be made in the transparency register. In this respect, most companies are subject to a reporting obligation that is subject to a fine. Determining the beneficial owner can be a challenge that should not be underestimated, especially in multi-level group structures, and requires a precise legal examination. Failure to notify or incorrect notification regularly results in an administrative offense subject to a fine, which is pursued and enforced with increasing consistency by the Federal Office of Administration.

Non-disclosure agreements (NDAs) are important to protect sensitive information and business secrets and to ensure that confidential data is not disclosed or misused without authorization. We check for you whether your NDAs are “watertight” and close any existing gaps or draw up new agreements to suit your current projects. We also take a critical look at NDAs submitted to you by business partners for signature, point out dangerous points and negotiate appropriate alternatives.