Examples for Services for Companies and Entrepreneurs
- Did you know, for example, that the German Construction Contract Procedures (VOB/B) do not, on a regular basis, become valid by a simple notice?
- Do you use General Terms and Conditions (AGB), which satisfactorily secure your interests in case of an insolvency of a client?
- Do you fulfill your information and disclosure obligations according to the German Distance Selling Act?
These and many other questions show that it is reasonable for an entrepreneur to retain an attorney.
Company law - Corporate Housekeeping
With the changes brought about by the Basel II - agreement, companies, in particular corporate enterprises will be bound to keep precise documentation of all company law occurrences (i.e. amendments of the articles of association, assignment and transfer of shares and the like), if bank negotiations for credit are necessary.
A proper documentation is also necessary for other financing transactions (i.e. financing through private investors, venture capitalists) or if a sale of the enterprise is intended.
Contract review
In case of review of a contract, three alternatives have to be considered:
Alternative 1: You are expected to sign a contract drafted by the other party's lawyers.
Alternative 2: You want to contract drafted yourself.
Alternative 3: You have already signed a contract.
In all three alternatives, it is helpful to retain counsel - counsel may in most cases have useful suggestions for the negotiation process and may as well advise on the significance of contracts already signed in case of conflicts or disagreement.
Advice on trademark law and pertaining litigation
Trademarks may, for instance, provide additional security for loans and as a capital reserve in times of financial need.
Therefore, it can be worthwhile to bunch and save up the value of marketing investments in a trademark and redeem some of the cost of marketing / advertisement beyond the immediate benefits of an increased turnover through the creation of an asset - the trademark. The value of a trademark depends, among other factors, against which other signs it prevails in case of conflict.
Therefore, it is important to retain proper counsel before a specific sign is elected to be used as a trademark. Counsel may appreciate the odds of successfully defending a certain trademark and the prospects of making it a strong and valuable sign.
This also applies to other product and service names and other signs such as logos, name affixes, business denominations, internet domains, book and magazine titles or titles of other works.
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