Legal consulting | PLUTA Rechtsanwalts GmbH
We Help Companies.

Reliable Legal Consulting as an Essential Building Block of Your Success

Each company decision means balancing many risk factors. For example, entry into a new market is often accompanied with unfamiliar rules of national jurisdiction. Or business decisions must be clarified by legal advice. Or it is necessary to enforce own claims or counter the claims of others.

The appropriate consideration of different interests, the early clarification of the framework conditions and the continuous reinsurance with legal experts are key success factors for entrepreneurs, management, shareholders or creditors. Ultimately, it always comes down to the use of capital and the impact on people.

The expertise of specialised lawyers, e.g. for company, tax, labour or real estate and construction law is an essential building block for implementing your projects in a legally watertight way.

Your Main Contacts

Dr. Joachim Geßler, PLUTA Ulm

Dr. Joachim Geßler
Rechtsanwalt, vereidigter Buchprüfer

Markus Fünning

Markus Fünning
Rechtsanwalt, Fachanwalt für Bank- und Kapitalmarktrecht

Cases

Packaging

Packaging industry

An Eastern European company from the packaging industry planned to acquire a production plant of a medium-sized German company together with its production facility.

Baubranche

Construction industry

A medium-sized family-owned company operating throughout Europe changed its operational organisation. The PLUTA experts supported the management in the improvement of the processes and the realignment of the procedures. In the course of this reorganisation, jobs had to be reduced.

Banken und Kreditinstitute

Banks / Credit institutions

In order to secure its stable business base and sustainable growth targets, a bank has been commissioning PLUTA with comprehensive advice and enforcement of claims from loans, mortgages and collateral for more than 15 years.

Your Requirements

Developments and decisions in companies and banks are influenced by many stakeholders and committees. In particular, shareholders, managing directors and divisional managers assume the responsibility of having a legal adviser examine decision alternatives, ensure impeccable procedures and ensure the achievement of company or project objectives. But tax consultants or credit institutions also encourage companies to seek advice on economic law, especially if this is helpful in hedging financial developments.

PLUTA offers consultation already in the early phase of business decisions with a comprehensive legal assessment of the basic conditions and points out the consequences. This is particularly useful in the case of a complex task, a strong internal effect in the company or an expected critical response in the media. These include, for example:

  • the founding of a company
  • the purchase or sale of companies or company shares
  • the personnel reorganisation, the reduction of jobs or the transfer of personnel into transfer companies
  • the closure of offices or the termination of employment contracts by company bodies
  • the defence of claims against managing directors or board members
  • the clarification of commercial leases or sale of real estate or property sales
  • payment difficulties of the company or insolvency

The demand-oriented advice provides additional security to the company leadership, management, investors and employees. Use the many years of know-how of our legal experts from many proceedings and from different client situations.

Your Benefit: Peace of Mind
  • through out-of-court consultation and judicial representation in the proceedings management
  • through experienced contacts with the best qualifications
  • through long-standing, close cooperation with restructuring experts and insolvency administrators

Our Expertise

We combine legal and commercial expertise. Our understanding of your demands ensures optimal advice and goal-oriented support. Of course, this also includes judicial or extrajudicial representation, if necessary.

With our comprehensive knowledge in business law, we are the ideal partner for assignments whose implementation is influenced by many legal areas. Our project know-how results from consultancy for companies of different sizes and from very different sectors. We also offer trouble-free cross-border support through our locations in Central and Southern Europe, because successfully starting a new business abroad also requires experts on both sides - in the country of origin and in the target country.

Awards/Listings
  • Focus TOP Wirtschaftskanzleien 2018
  • ACQ 5 Law Awards 2018 - Insolvency & Restructuring Law Firm of the Year – Germany
  • M&A Today Global Awards 2018 – Insolvency & Restructuring Law Firm of the Year – Germany
  • Lawyer International Legal 100 Awards 2018 – Insolvency & Restructuring Law Firm of the Year – Germany
  • The Legal 500 Deutschland 2018
  • INDat Handbuch 2018
  • Who's Who Legal Germany 2018
  • JUVE Handbuch 2017/2018
  • GRR 100 2018
  • Handelsblatt “Deutschlands beste Anwälte 2017“
  • Global 100 Excellence Award - Firm of the Year 2017 (Insolvency & Restructuring) - Germany
  • German Enterprise Awards 2017: Corporate Restructuring Firm of the Year 2017
  • German Business Excellence Awards 2017 – Best International Restructuring Law Firm & Insolvency Law Specialist of the Year

and more

Business acquisitions/sales (also distressed businesses)

In the case of M&A processes, PLUTA offers a comprehensive service – interdisciplinary and from one source. For this purpose, tailor-made project teams are arranged as required. We also work together with your company's existing partners. The smooth cooperation of our experts in the fields of business, tax, company and labour law ensures that an optimal result when buying or selling a company. Absolute confidentiality, speed and professional execution are top priorities for us. Our range of services includes, among other things, the organisation of the M&A process according to clear criteria, the implementation of a comprehensive due diligence, the comprehensive consultancy on the subject of financing as well as the business valuation of the company. PLUTA also advises on all important legal questions regarding the company acquisition or company sale – from the confidentiality statement, the letter of intent, the contractual documentation to the conclusion of the purchase contract. Our experts have many years of experience and also provide consultation in special situations with the company sale or company acquisition in the area of distressed M&A.

Restructuring of the personnel organisation

A more effective organisation of personnel structures is often an important building block in the reorientation of the company strategy. When companies need to give notice to their employees, legal expertise is important, as is the case for negotiations on severance payments for redundancies or for the negotiation of a compensation agreement and social plan.

If the dismantling of jobs is necessary, e.g. during a company restructuring, personnel measures must be planned in a timely manner and implemented correctly. Concrete measures are the preparation and execution of organisational, behavioral and personal dismissals. In addition, organisational alternatives for the transfer of operations have to be checked. In individual cases, mass dismissal procedures pursuant to § 17 KSchG must also be carried out. In addition to the establishment of transfer companies, we also support the conclusion of collective restructuring agreements with trade unions. An important aspect are the participation rights of the company constitutional bodies to be considered in advance, in particular professional negotiations with works council and trade unions. Other services include representation in front of the labour court and counseling on retirement provision. In close co-ordination with our reorganization experts, we provide these in the case of restructuring.

PLUTA advises companies on the restructuring of the HR organisation and its implementation. The respective organisational concept is adapted to the needs on location. Experienced specialist lawyers for employment law as well as restructuring experts ensure the long-term successful integration of the new structure into the company. The concepts optimise the work processes in the company and secure the business success.

Consultancy for banks and companies especially for loan and collateral agreements

The professional approach between companies and banks or security providers is one of the central prerequisites for business success. If loans are terminated, the entrepreneurial existence is often at stake. At the same time, bank law is a particularly complex legal area. We advise both banks and Sparkassen as well as companies on all legal aspects of credit and security agreements – whether guarantee contracts, movable collateral, mortgages, assignments for security or transfers of security with retention of title. PLUTA offers a comprehensive consultancy service, which includes the examination of existing hedging and credit agreements as well as their initial preparation. Our legal and specialist lawyers for bank and capital market law help you to enforce your rights and interests in court or out-of-court. Financial know-how and legal expertise - PLUTA offers both from a single source.

Changes in management

For companies and their employees, a change in the management is a decisive situation that often sets the course for the future. The change at the top requires legal experience and human sensitivity at the interface between labour and company law. Therefore, the preparation and implementation absolutely belongs in the hands of experienced experts. PLUTA lawyers advise on all legal issues and support the company throughout the entire transition period. In crisis situations, PLUTA also assumes interim management. Experienced managers take on challenging operational management tasks and are supported by lawyers in legal matters.

Liability claims against company bodies

In many companies, the effective enforcement of claims against their organs is an increasingly important issue. The actions of directors, managers and supervisory boards are subject to strict regulations by courts and legislators, which have been extended over the past years. Subsequently, the possible reasons for liability claims have increased enormously. PLUTA experts advise on all aspects related to the topic and help in the judicial enforcement of claims against organs and insurance companies or in the case of out-of-court dispute settlement. We also audit management and business orders. Our experts advise not only companies, but also managing directors in the defence of liability claims. Through an in-depth analysis of relevant business transactions, we support management boards, managing directors and supervisory board members and provide assistance in all legal matters.

Consultancy and representation around the real estate portfolio and commercial leases

Large property portfolios confront owners with particular challenges and legal questions concerning real estate and construction law. PLUTA lawyers provide them with comprehensive support and thus provide the basis for the successful management of the real estate portfolio. The broad range of services includes, for example, the processing and examination of real estate-specific contracts, the effective enforcement of claims for remedying defects and claims for damages and, in the worst case, the representation of your interests in court. Asset protection and the increase in value of real estate are the focus of the legal advice at PLUTA.

Consultancy and representation on trade representation and authorised dealer law

Trade representatives are people who are regularly employed in the field of sales and who are acting on behalf of a third party's name and for their account. An authorised dealer, on the other hand, is entrusted with selling goods of another entrepreneur in his own name and for his own account. In both cases, there may be typical conflict situations and emerging questions, which require business law experience and sensitivity. For example, there are often disputes about the subjects of commission and compensation claims in commercial representation. Since, for example, the latter has to be claimed within a period of only one year, a rapid and targeted action is required here. On the other hand, the authorised dealer is not legally regulated by the Commercial Code, so that questions are raised about the current case law or the analogous application of standards to the trade representative. Our lawyers are specialised in the review and preparation of authorised dealer and trade representative contracts in order to assist quickly and effectively.

The effects of insolvency on creditors and creditor groups

The restructuring opportunities in the case of corporate insolvencies and the prospects for creditors to obtain the highest possible quota on existing receivables depend to a large extent on the experience and suitability of the insolvency administrator and his team. PLUTA has many years of experience in insolvency administration and is thus well acquainted with the effects of insolvency on creditors and creditor groups. This expertise enables practical consultancy on all insolvency law issues for creditors and groups of creditors. Our services include advising on the impact of insolvency on contracts of all kinds as well as the enforcement of claims and security rights (separation/segregation rights) in insolvency at home and abroad.

Liability claims against managing directors in case of insolvency of the company

In companies, many strategic and operational decisions are taken by the management on a daily basis. These decisions, as well as general developments, are influenced by interest groups or, for example, boards. The PLUTA experts have various qualifications, among others as specialists for bank law, tax law and insolvency law, and are therefore competent partners for the examination of a possible enforcement of liability claims against managing directors or board members. The basis for enforcement is an in-depth analysis of relevant business transactions. Through our many years of experience, we advise you in a qualified and effective way to deal with any incidents of insolvency, unscrupulous behaviour or breaches of the provisions on the maintenance of capital. Business transactions and the conduct of managing directors are examined legally and businesswise. Our lawyers have many years of experience and the knowledge to recognise and evaluate legal violations.

Liability claims against shareholders in case of insolvency of the company

We advise companies on how to enforce their corporate claims during insolvency. Important topics are the assertion and defence of avoidance claims in the insolvency, as well as the valuation of lawful company claims in connection with shareholder loans, capital raising and capital preservation. The examination of liability claims against shareholders requires a high degree of know-how. Our specialist lawyers and business experts have the necessary expertise to recognise possible claims. We support affected companies and contact persons with competent consultancy.

Contest of debtor's transactions in insolvency proceedings

According to the rules of the insolvency regulation, an insolvency administrator has the possibility to make certain legal actions, such as to challenge payments to suppliers, service providers or landlords, and thereby reverse them. Subsequently, these payments must be returned. Details of the right to appeal are a complex legal issue. Experience and expertise, as well as in-depth knowledge of the current jurisprudence, are indispensable prerequisites for effectively countering avoidance claims.

Our Quality

Our experts have many years of practical experience, fluent foreign language skills and multiple qualifications in our core competences of company, labour, tax, insolvency, bank and capital market law. Our aim is to provide our customers with timely and qualified consultation, in order to create transparency and legal certainty and to find efficient solutions. This means, first of all, to exploit all out-of-court possibilities. Therefore, we also work together with our colleagues from the restructuring department as well as from the insolvency administration in overlapping teams – or connect with our colleagues from other European branches. Therewith, we secure business successes for companies.

We help your Company

Establishing legal certainty is our core competence. This is how we secure your business success. Take advantage of our wide range of services.

Team Legal Consulting Germany

Dr. Joachim Geßler, PLUTA Ulm

Dr. Joachim Geßler
Rechtsanwalt, vereidigter Buchprüfer

Markus Fünning

Markus Fünning
Rechtsanwalt, Fachanwalt für Bank- und Kapitalmarktrecht

Dr. Karl-Friedrich Gulbins

Dr. Karl-Friedrich Gulbins
Rechtsanwalt, LL. M. (UoL)

Martin Jungclaus

Martin Jungclaus
Rechtsanwalt

Aina Karlström

Aina Karlström
Rechtsanwältin, Master of Laws (LL.M.)

Nadja Neuber

Nadja Neuber
Rechtsanwältin, Diplom-Betriebswirtin (BA)

Dr. Uwe Paul

Dr. Uwe Paul
Rechtsanwalt, Fachanwalt für Steuerrecht

Caroline Pluta

Caroline Pluta
Rechtsanwältin, Fachanwältin für Arbeitsrecht, LL. M. (USD)

Dr. Andreas R. J. Schnee-Gronauer

Dr. Andreas R. J. Schnee-Gronauer
Rechtsanwalt, Diplom-Ökonom

Nicole Weitz, PLUTA Stuttgart

Nicole Weitz
Rechtsanwältin

Falk-Torben Wagner

Falk-Torben Wagner
Rechtsanwalt

Oliver Westkamp

Oliver Westkamp
Rechtsanwalt

PLUTA's other fields of activity

Restructuring

In addition to consultation on issues involving labour or company law during restructuring measures and the creation of integrated corporate plans, distressed due diligence reviews and restructuring concepts in accordance with the IDW S6 standard, we also provide support during M&A processes. We offer restructuring consultancy services in the scope of repair and development. We plan, prepare and implement restructuring processes that are optimal for our clients. In other words, we help companies to overcome crises.

We use the resources of the European network of law firms associated with PLUTA and BTG Global Advisory.

More information on Restructuring

Insolvency Administration

As part of the duties entrusted by the courts, we conduct insolvency and restructuring proceedings.

PLUTA offers essential support to insolvency administrators, managers, bankrupt in insolvency and restructuring proceedings by developing draft arrangement proposals, restructuring plans, private creditor tests, and by the realization process of collecting creditor votes. The Insolvency Law offer many ways to do so before we advise the most favorable method adapted to the individual client's situation, we consulting and carry out the detailed analysis of documents.

More information on Insolvency Administration

Reliable Legal Consulting as an Essential Building Block of Your Success

Each company decision means balancing many risk factors. For example, entry into a new market is often confronted with unfamiliar rules of national jurisdiction. Or business decisions must be clarified by legal advice. Or it is necessary to impose own claims or counter the claims of others.

The appropriate consideration of different interests, the early clarification of the framework conditions and the continuous reinsurance with legal experts are key success factors for entrepreneurs, management, shareholders or creditors. Ultimately, it always comes down to the use of capital and the impact on people.

The expertise of specialised lawyers, e.g. for company, tax, labour or real estate and construction law is an essential building block for implementing your projects in a legally watertight way.

Our Competencies at a Glance in Spain

Legal advice for your business and representation in and out of court

  • for company formation or opening of a branch office
  • for business acquisitions/sales
  • for restructuring of the personnel organisation
  • for changes in management
  • for liability claims against company bodies
  • for consultancy for banks and companies especially for loan and collateral agreements
  • for consultancy and representation around the real estate portfolio and commercial leases

Special topic: Legal advice for insolvency cases

  • on the effects of insolvency
  • on corporate claims

Special topic: Advice and support in tax law and accounting

  • by reviewing business activities for tax purposes
  • by taking over accounting and payroll accounting

Your Main Contact

aticus-ocana-abogado-rechtsanwalt-madrid-pluta

Áticus Ocaña
Abogado, Economista y Titulado Mercantil

Cases

rechtsberatung_spanien_aktiengesellschaft.jpg

Corporation

We were acting as sole arbitrator in an arbitration proceedings of a sole proprietorship in Spain. Within this procedure, corporate agreements between shareholders were discussed.

rechtsberatung_spanien_wasserversorgung

Recycling industry

We represented a German insolvency administrator in an arbitration proceedings before the International Chamber of Commerce in Paris.

rechtsberatung_spanien_wasserversorgung

Water supply

On behalf of an Argentinean company, we filed a lawsuit in Spain against a Spanish company. The content of the lawsuit was the violation of the obligation to develop a water supply system in Buenos Aires.

Your Requirements

Developments and decisions in companies and banks are influenced by many stakeholders and committees. In particular, shareholders, managing directors and divisional managers assume the responsibility of having a legal adviser examine decision alternatives, ensure impeccable procedures and ensure the achievement of company or project objectives. But tax consultants or credit institutions also encourage companies to seek advice on economic law, especially if this is helpful in hedging financial developments.

PLUTA offers consultation already in the early phase of business decisions with a comprehensive legal assessment of the basic conditions and points out the consequences. This is particularly useful in the case of a complex task, a strong internal effect in the company or an expected critical response in the media. These include, for example:

  • the founding of a company
  • the purchase or sale of companies or company shares
  • the personnel reorganisation, the reduction of jobs or the transfer of personnel into transfer companies
  • the closure of offices or the termination of employment contracts by company bodies
  • the defence of claims against managing directors or board members
  • the clarification of commercial leases or sale of real estate or property sales
  • payment difficulties of the company or insolvency

The demand-oriented advice provides additional security to the company leadership, management, investors and employees. Use the many years of know-how of our legal experts from many proceedings and from different client situations.

Your Benefit: Peace of Mind
  • through out-of-court consultation and judicial representation in the proceedings management
  • through experienced contacts with the best qualifications
  • through long-standing, close cooperation with restructuring experts and insolvency administrators

Our Expertise

We combine legal and commercial expertise. Our understanding of your demands ensures optimal advice and goal-oriented support. Of course, this also includes judicial or extrajudicial representation, if necessary.

With our comprehensive knowledge in business law, we are the ideal partner for assignments whose implementation is influenced by many legal areas. Our project know-how results from consultancy for companies of different sizes and from very different sectors. We also offer trouble-free cross-border support through our locations in Central and Southern Europe, because successfully starting a new business abroad also requires experts on both sides - in the country of origin and in the target country.

Rankings/Listings
  • Acquisition International Global Excellence Awards 2018 – Best Insolvency Administration Services Provider - Spain
  • GRR 100 2018

Our Quality

Our experts have many years of practical experience, fluent foreign language skills and multiple qualifications in our core competences of company, labour, tax, insolvency, bank and capital market law. Our aim is to provide our customers with timely and qualified consultation, in order to create transparency and legal certainty and to find efficient solutions. This means, first of all, to exploit all out-of-court possibilities. Therefore, we also work together with our colleagues from the restructuring department as well as from the insolvency administration in overlapping teams – or connect with our colleagues from other European branches. Therewith, we secure business successes for companies.

We help your Company

Establishing legal certainty is our core competence. This is how we secure your business success. Take advantage of our wide range of services.

Team Legal Consulting Spain

aticus-ocana-abogado-rechtsanwalt-madrid-pluta

Áticus Ocaña
Abogado, Economista y Titulado Mercantil

Reliable Legal Consulting as an Essential Building Block of Your Success

Every step of the enterprise towards changes and development involves the necessity to take into account various risk factors, which creates the need for constant inquiry and verification. Analysis of the company's condition, insightful and thorough consideration of different ways of action, the need to enforce the claims, the need for transformation - these are situations where taking the right decision requires legal advice by an experienced specialist. Comprehensive expertise is a key factor in business success as the basis for the implementation of new projects and changes aimed at building the company's success.

Our Competencies at a Glance in Italy

Legal advice for your business and representation in and out of court

  • for business acquisitions/sales (also distressed businesses
  • for restructuring the organisation of personnel
  • for banks and companies especially for loan and collateral agreements
  • for changes in the management
  • for liability claims against company bodies
  • for property portfolios and commercial leases
  • for relations with sales representatives and authorised dealers
  • Representation of German and Italian companies in contractual relationships in/between Italy and Germany

Special subject: Insolvency law consultancy

  • on the effects of insolvency on creditors and creditor groups
  • for liability claims against Managing Directors
  • for liability claims against shareholders
  • for insolvency proceedings

Your Main Contact

prof-alessandro-scarso-rechtsanwalt-avvocato-dottore-ommercialista-revisore-contabile-mailand-pluta

Prof. Alessandro P. Scarso
Avvocato, Dottore Commercialista, Revisore Contabile

Michael Pluta

Michael Pluta
Rechtsanwalt, Fachanwalt für Insolvenzrecht, vereidigter Buchprüfer

Your Requirements

Developments and decisions in companies and banks are influenced by many stakeholders and committees. In particular, shareholders, managing directors and divisional managers assume the responsibility of having a legal adviser examine decision alternatives, ensure impeccable procedures and ensure the achievement of company or project objectives. But tax consultants or credit institutions also encourage companies to seek advice on economic law, especially if this is helpful in hedging financial developments.

PLUTA offers consultation already in the early phase of business decisions with a comprehensive legal assessment of the basic conditions and points out the consequences. This is particularly useful in the case of a complex task, a strong internal effect in the company or an expected critical response in the media. These include, for example:

  • the founding of a company
  • the purchase or sale of companies or company shares
  • the personnel reorganisation, the reduction of jobs or the transfer of personnel into transfer companies
  • the closure of offices or the termination of employment contracts by company bodies
  • the defence of claims against managing directors or board members
  • the clarification of commercial leases or sale of real estate or property sales
  • payment difficulties of the company or insolvency

The demand-oriented advice provides additional security to the company leadership, management, investors and employees. Use the many years of know-how of our legal experts from many proceedings and from different client situations.

Your Benefit: Peace of Mind
  • through out-of-court consultation and judicial representation in the proceedings management
  • through experienced contacts with the best qualifications
  • through long-standing, close cooperation with restructuring experts and insolvency administrators

Our Expertise

We combine legal and commercial expertise. Our understanding of your demands ensures optimal advice and goal-oriented support. Of course, this also includes judicial or extrajudicial representation, if necessary.

With our comprehensive knowledge in business law, we are the ideal partner for assignments whose implementation is influenced by many legal areas. Our project know-how results from consultancy for companies of different sizes and from very different sectors. We also offer trouble-free cross-border support through our locations in Central and Southern Europe, because successfully starting a new business abroad also requires experts on both sides - in the country of origin and in the target country.

Our Quality

Our experts have many years of practical experience, fluent foreign language skills and multiple qualifications in our core competences of company, labour, tax, insolvency, bank and capital market law. Our aim is to provide our customers with timely and qualified consultation, in order to create transparency and legal certainty and to find efficient solutions. This means, first of all, to exploit all out-of-court possibilities. Therefore, we also work together with our colleagues from the restructuring department as well as from the insolvency administration in overlapping teams – or connect with our colleagues from other European branches. Therewith, we secure business successes for companies.

We help your Company

Establishing legal certainty is our core competence. This is how we secure your business success. Take advantage of our wide range of services.

Team Legal Consulting Italy

prof-alessandro-scarso-rechtsanwalt-avvocato-dottore-ommercialista-revisore-contabile-mailand-pluta

Prof. Alessandro P. Scarso
Avvocato, Dottore Commercialista, Revisore Contabile

Michael Pluta

Michael Pluta
Rechtsanwalt, Fachanwalt für Insolvenzrecht, vereidigter Buchprüfer