Business law – lawyer for companies

Business law lawyer – Many companies turn to a law firm or specialist lawyer as a contact to answer questions about company law, trademark law or other legal topics.

Questions about business law are not only relevant for established companies and businesses. Because timely advice on business law is also worthwhile for new businesses / start-ups.

Topics in our legal advice

Business law in itself is not a fixed field. Rather, the term business law combines all measures and legal norms that are relevant in the field of business. For example: Labour law, industrial property law, real estate law, trademark law, competition law, advertising law and copyright law.

The individual areas of business law include commercial constitutional law, commercial administrative law as well as commercial criminal law and commercial private law.

Table of contents

1. What does commercial law entail? Statutory regulations
2. International commercial law
3. Private commercial law
4. Scoring and rating
5. How do lawyers for commercial law assist?

The overriding task of Business law is to regulate the relationships of private economic operators with each other and with the state.

Business law in Germany is standardised in numerous individual laws. Accordingly, it is not exactly easy for non-lawyers to get an overview of the various legal norms relevant to business. It is therefore advisable to seek the help of a specialised lawyer in good time when dealing with questions of business law.

What does commercial law involve? Statutory regulations

First of all, commercial law is a generic term for the law of economic transactions and at the same time the basis for economic policy. Important legal regulations from economic law can be found in particular in these 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 Convention on Contracts for the International Sale of Goods (CISG)
• Unfair Competition Act (UWG)
• German Stock Corporation Act (AktG)
• Cooperative Societies Act (GenG)
• Partnership Act (PartG)
• Reorganisation of Companies Act (UmwG)
• Insolvency Code (InsO)
• German Banking Act (KWG)
• Securities Trading Act (WHG).

Companies are frequently confronted with the various laws and legal norms in their daily operations. Those who do not have their own legal department or who want to get an outside view can turn to specialised lawyers or a law firm for commercial law.

This is because there is often a focus on commercial and corporate law, as many lawyers work in these areas on a daily basis.

The law firm Herfurtner Rechtsanwaltsgesellschaft mbH has already accompanied numerous entrepreneurs and companies as a partner and supported them in legal matters. Our law firm operates nationwide and has offices in Munich, Frankfurt (Main) and Hamburg.

Would you like to consult with a lawyer, for example, because it concerns the formation of a limited liability company? Or are you looking for lawyers to advise you on trademark law, copyright law or IT law etc.? Then you will find an overview of the lawyers who work in our law firm in the section “Lawyers”.

We advise clients throughout Europe, with a focus on Germany, Austria and Switzerland. Therefore, we are also familiar with foreign issues and topics. Please feel free to describe your concerns on the phone and let us know how our lawyers can assist you. Click here to contact a lawyer directly.

International Business Law

International economic relations are regulated by international commercial law. In addition, international business law is playing an increasingly important role due to increasing globalisation.

Accordingly, companies from Munich, Hamburg, Berlin or Frankfurt, for example, increasingly have customers in neighbouring countries or even worldwide. As a result, international business law is increasingly being applied in addition to German business law. In addition, the question arises of how to reconcile the different laws.

In many areas of international business law, a certain standardisation of legal norms has already taken place. Nevertheless, there are often cases of considerable divergence between the different national and international legal norms.

For a lawyer entrusted with representing international clients, it is accordingly a matter of maintaining an overview at the international level.

In principle, the norms of international law and European law take precedence over the norms of German commercial law. Therefore, the relationship between national and European law can be summarised as follows: “European law breaks federal law”.

Therefore, a company based in Munich must not only comply with the legal provisions applicable in Germany or in Bavaria, but must also always be guided by EU law.

In recent years, numerous court decisions have been handed down that were intended to provide more clarity in the context of international business law. However, case law has only succeeded to a limited extent, leaving many questions unanswered and always requiring a careful case-by-case examination by a lawyer or specialist solicitor.

Consequently, companies and entrepreneurs should seek advice from a specialised lawyer in good time on questions of commercial law in order not to take unnecessary risks in international commercial transactions.

Private commercial law

The area of private commercial law is of particular importance for those involved in economic life. However, the term private commercial law is not defined by law. In general, it is understood to mean the rules governing the exchange of goods and services between producers, traders, companies and consumers. It includes, for example, the following areas:

Contract law

In the area of private commercial law, there are many different regulations on contracts that one repeatedly concludes with a partner in everyday business. This raises a number of questions:

• How do contracts come into being?
• What types of contracts are there?
• What provisions can be made in a contract?
• What happens if the contracting parties do not want to or cannot comply with the contractual agreements made?

Commercial and company law

Commercial law is a special private law for merchants and plays an important role in business law. Therefore, there are some lawyers who specialise in this area. Among other things, commercial law consists of numerous special rules that take into account the special needs of merchants.

But compared to normal civil law, commercial law offers a high degree of private autonomy and fewer formal requirements when concluding various legal transactions, e.g. guarantees, promises of debt, acknowledgements of debt, etc.

Company law is another important area of commercial law. It determines the rules for associations of persons under private law that are founded to achieve a specific purpose. In Germany, various forms of company are available.

Choosing the appropriate legal form can be crucial for start-ups. A lawyer can provide advice and compare the advantages and disadvantages with a wealth of information. Our lawyers will be happy to advise you.

There is a “numerus clausus” of company forms, as it is not possible to deviate from the forms provided by law. The provisions of company law can be found in many different laws – BGB, HGB, AktG, GmbHG, PartGG, GenG. Companies can basically be divided into two groups – partnerships and corporations.

Business law and partnerships

Partnerships include the civil partnership (GbR), the general partnership (OHG), the limited partnership (KG), the partnership, the dormant partnership and the European Economic Interest Grouping (EEIG).

Characteristic features of partnerships are, in particular, a relatively small number of members, the principle of self-organising (i.e. the partners themselves manage the business), close ties between the partnership and the company, and the personal liability of the partners.

Corporations

Corporations are legal entities and have full legal capacity. Corporations include

• associations,
• the public limited company (AG),
• the limited liability company (GmbH),
• the entrepreneurial company (haftungsbeschränkt),
• the partnership limited by shares (KGaA),
• the European Company (SE),
• and the registered cooperative (eG).

Characteristic of corporations is a larger number of members, the principle of third-party management (management can be exercised by third parties outside the company), a less close connection of the shareholders to the company and the possibility of limiting liability to the company’s assets without personal liability of the shareholders.

Industrial property rights, copyright and competition law as sub-areas of commercial law

Industrial property protection, copyright and competition law are also part of private commercial law. Accordingly, some lawyers have specialised in these areas of law and can assist in preparing analyses and expert opinions.

• Industrial property protection- Industrial property protection protects intellectual property in the industrial field. The German Patent and Trade Mark Office in Munich (DPMA) is the central authority in the field of industrial property protection in Germany and is responsible for various procedures throughout Germany. These include the grant of patents under the Patent Act (PatG), the registration of utility models under the Utility Model Act (GebrMG) and of designs under the Designs Act (GeschmMG). In addition, the protection of trade marks, business designations and geographical indications is regulated in the Trade Mark Act (MarkenG).
• Copyright and industrial property protection are referred to as intellectual property rights or intangible property rights. This is because copyright grants the author of works personal rights and exploitation rights. Works of literature, science and art are protected accordingly (Section 2 UrhG).
• Competition law is intended to protect free competition. Therefore, the interests of competitors, consumers and other market participants as well as the interest of the general public in undistorted competition are protected. In addition, the Unfair Competition Act (UWG) regulates which business acts are permissible. Furthermore, antitrust law enables and protects free competition by prohibiting conduct that restricts competition. Antitrust law is regulated in the Act against Restraints of Competition (GWB).

Protecting one’s rights

Anyone who wants to protect their rights effectively is best advised to contact a specialised lawyer. In addition, enquiries can also be addressed directly to the German Patent and Trade Mark Office in Munich. However, it is advisable to seek legal advice first, as the enquiry unit of the Patent Office is not allowed to provide legal advice.

As a firm specialising in commercial law, a lawyer from the Herfurtner law firm will be happy to assist you. Clients from limited liability companies (GmbH) to public limited companies (AG) can obtain legal support and advice from us for all questions relating to commercial law. In addition, we represent your interests in court.

Insolvency law and commercial law

Insolvency law plays an important role in German commercial law. This is because, on the one hand, it enables indebted companies and private individuals to continue to participate in legal transactions despite their debts under certain conditions and also to make a “fresh start”.

On the other hand, the creditors of indebted or insolvent debtors are protected thanks to the regulations of insolvency law. As a result, they usually receive at least partial satisfaction of their claims.

How do lawyers for business law provide support?

Anyone interested in the field of business and commercial law should regularly follow information in the renowned media. For example, Wirtschaftswoche and Handelsblatt are recommended.

This is because important changes in the law and general trends and topics from different countries are also discussed there, so it is easy to keep your finger on the pulse by reading them.

In addition, in individual cases it is a good idea to consult a lawyer or a specialist lawyer for advice who is familiar with the area of business law. Representing one’s interests in court is also a task for a lawyer.

Advice on commercial law

Would you like to be advised by a lawyer? Are you the managing director of a limited liability company in dispute with a partner? If so, the lawyers of the Herfurtner law firm in Munich are available to you throughout Germany for questions on the subject of commercial law.

Advice can be given in German or English. Moreover, the advice is not limited to national borders. Our lawyers will also act for you internationally. You can send us an e-mail or contact us by telephone. This will take you directly to our contact area, where you will also find our e-mail address.