When should a company engage a lawyer specialising in insolvency law?

The sooner, the better. Many companies wait too long before seeking legal support. Yet early legal advice often opens up significantly more room for manoeuvre. hba Rechtsanwälte analyses the financial situation, examines all available options and develops a viable restructuring concept together with you, before a formal opening of insolvency proceedings becomes necessary.

What is the difference between restructuring proceedings and bankruptcy proceedings?

Restructuring proceedings aim to preserve and continue a company through a court-confirmed restructuring plan. Bankruptcy proceedings, by contrast, serve the purpose of the orderly winding-up and realisation of assets for the benefit of creditors. Which procedure is the appropriate one depends on the specific circumstances. As a specialised law firm, hba Rechtsanwälte advises you comprehensively and accompanies you through both types of proceedings.

How does hba Rechtsanwälte support companies in restructuring?

Restructuring means far more than cutting costs. It encompasses legal, organisational and financial measures that must be coordinated with one another. hba Rechtsanwälte accompanies you in the development and implementation of a tailored restructuring concept, negotiates with creditors and banks, and ensures that all steps are implemented in a legally sound and efficient manner.

What rights do creditors have in insolvency proceedings?

Creditors have clear statutory rights in insolvency proceedings that must be actively exercised. These include the timely filing of claims, participation in creditors’ meetings, and the review and, where appropriate, challenge of the restructuring plan. hba Rechtsanwälte represents creditors consistently and ensures that your claims receive the best possible consideration in the proceedings.

Legal Advice for Company Formation and Start-Ups

In the founding phase of a company, forward-looking decisions are essential to create a solid foundation for a flourishing future. As an experienced law firm, hba Rechtsanwälte accompanies you from the very beginning and sets the course for a successful entrepreneurial future together with you. Whether a classic company formation, a spin-off, a management buy-in or a management buy-out: experts at hba are by your side across all areas of law, so that you can focus on what matters most.

Formation

As a law firm for start-ups and founders, we know that a company formation harbours numerous structuring opportunities and just as many potential pitfalls. Our legal advice for founders therefore begins at the earliest possible stage and covers all relevant areas of law: from selecting the right legal form and designing shareholders’ agreements through to licensing agreements and the protection of intellectual property.

A company formation lawyer must also be well-versed in the financing side of the business. We advise you on selecting the appropriate financing structure, support you in negotiations with banks and investors, and make our extensive network of business angels and incubators available to you. Clear structures that reflect the interests of all parties involved are indispensable for sustainable success.

As a start-up lawyer with comprehensive expertise in start-up law, we also protect your rights as an author, safeguard your know-how and trade secrets, and register your trademarks and company identifiers. hba Rechtsanwälte stands by your side as a reliable legal counsel and strategic partner from the very first idea through to a successful market positioning.

Financing

“Money isn’t everything but without money there is nothing”.
The same is true even for the best business idea.

We will advise you on the choice of suitable financing, will take on structuring and implementation and will support you in dealings with banks and investors. In addition, we will give you access to our broad network of investors, business angels and incubators.

Clear structures which reflect the interests of all parties involved are indispensable for sustainable success. As early as during the stage of formation of your business entity we will show you what is possible and what is economically reasonable in order to ensure fruitful cooperation with investors and business partners. In this context we plan far ahead so that the ideal legal framework conditions for taking on entrepreneurial responsibility and successful implementation of your visions are in place from the outset.

Protection of know-how

Effective and timely protection of your intellectual property is indispensable from the very beginning.

We will safeguard your rights as an originator, your know-how, your business secrets and trade secrets and will obtain registration of your trade marks and other business identifiers. Furthermore, we will support you in the acquisition of intellectual property rights and will defend your intellectual property if and where necessary.

FAQ

The sooner, the better. Many companies wait too long before seeking legal support. Yet early legal advice often opens up significantly more room for manoeuvre. hba Rechtsanwälte analyses the financial situation, examines all available options and develops a viable restructuring concept together with you, before a formal opening of insolvency proceedings becomes necessary.
Restructuring proceedings aim to preserve and continue a company through a court-confirmed restructuring plan. Bankruptcy proceedings, by contrast, serve the purpose of the orderly winding-up and realisation of assets for the benefit of creditors. Which procedure is the appropriate one depends on the specific circumstances. As a specialised law firm, hba Rechtsanwälte advises you comprehensively and accompanies you through both types of proceedings.
Restructuring means far more than cutting costs. It encompasses legal, organisational and financial measures that must be coordinated with one another. hba Rechtsanwälte accompanies you in the development and implementation of a tailored restructuring concept, negotiates with creditors and banks, and ensures that all steps are implemented in a legally sound and efficient manner.
Creditors have clear statutory rights in insolvency proceedings that must be actively exercised. These include the timely filing of claims, participation in creditors’ meetings, and the review and, where appropriate, challenge of the restructuring plan. hba Rechtsanwälte represents creditors consistently and ensures that your claims receive the best possible consideration in the proceedings.

Our services

Choice of legal form
Foundation of companies
Participation and shareholder agreements
Cooperation and financing agreements
Structuring and implementation of early-stage and growth financing (e.g. crowd funding)
Negotiations with banks and investors
Acquisition and protection of intellectual property (e.g. trade mark registration)
Extra-judicial and judicial enforcement and defence of claims under intellectual property law and competition law
General Terms and Conditions and Data Protection Statements
Contracts for work and employment contracts
Trade law
Distribution right