Corporate law

Through the handling of insolvency proceedings the law firm has specialized – from the very beginning – in central areas of corporate law. Especially the legal status of corporations leads to making the wrong assumption that the insolvency administrator or the creditors may not be allowed to assert claims against partners and executive secretaries in a “crises” or insolvency. For instance, on questions whether payments on the initial contribution or on shares have been made effectively, resolutions regarding the increase in the capital stock have been passed effectively or payments to the partners may be claimed back, more and more liability risks arise due to recent court rulings.

In crises-wracked times chief executives and the management board must take increased risks. Through this the liability risk rises considerably. MHBK has profound and long-standing know-how in the assertion and defense of claims against partners, chief executives, management boards and supervisory boards.

All MHBK attorneys at law are specialized in the assertion and defense of claims against partners and shareholders. They evaluate important questions regarding the relation between partner and corporation in the run-up to the opening of insolvency proceedings, especially questions regarding the so-called “Kapitalersatzrecht”, i.e. right to replacement of capital. The right embodied in a stock certificate is a further point of main emphasis. The right embodied in a stock certificate is the answer to many questions regarding the raising and maintenance of capital in favor of the protection of creditors. Difficult questions also arise with the “Cash-Flow-Finanzierung”, i.e. cash flow-financing between the consolidated companies.