CORPORATE

Jakstadt & Partner frequently advises its clients on establishing a company. Questions concerning business feasibility, raising the necessary capital and choice of the right corporate form arise in the preliminary planning stages. Jakstadt & Partner can be there to advise on issues concerning the financial stakes of individuals, liability risks, the financial structuring and tax optimisation.

- corporate law
- companies limited by shares (Aktiengesellschaft, GmbH)
- partnerships (including oHG, KG)
- associations
- contract law
- commercial law
- banking law
- tax law
- company taxation; disguised dividends
- income tax law
- VAT

Jakstadt & Partner will provide you with ongoing advice as to whether the original legal form which you selected needs to be altered to reflect your company's changing needs.
Not least, it is essential to establish a clear legal framework for running the business – through memoranda and articles of association, company bylaws and service contracts.

- service contracts for directors
- employment law

Once selected, the corporate structure is often subject to external influences which may give rise to a need for a review of the ownership structure, capital requirements, a possible change of form, divisive reorganisation, merger, control agreements, closures or even liquidation.

- change of legal form
- tax implications of change of legal form
- tax law
- insolvency law
- corporate law

Legal issues related to the specific economic sector frequently play an important role in the choice of corporate structure. Companies from the publishing and media sector will have to consider different legal issues to software development companies or companies providing medical care.

- publishing law
- collecting societies
- software law
- medical law

The constantly changing tax legislation make it necessary to consider the possible implications for both the company and its owners.

Increasingly a change in the corporate structure goes hand-in-hand with the sale and purchase of company divisions or businesses. Structural changes of this type may well engender contacts with international entities in which international issues play an increasingly important role. Together with our co-operation partners we will help you find the right price by carrying out a professional valuation and analysing all the pertinent business documents.

- corporate law
- M&A
- tax law
- accounting law
- valuation law
- commercial law
- international law
- Spanish law
- Spanish corporate law

Our review of the documents, which are frequently extensive, focuses on identifying known and unknown risks, particularly in the fields of human resources, business management, warranties and not least on identifying the right tax and financing structure. In matters with an international component account must be taken of issues related to international law.

- international law
- international tax law
- private international law
- Spanish law
- Spanish corporate law

Jakstadt & Partner advises clients on the separation of business and family assets, personal risk, retirement provision of the entrepreneur in connection with corporate succession. When the time comes to hand the company over to the younger generation there are new issues to be resolved: management and ownership succession, safeguarding the family assets and the company, making provision for the family after death.

- inheritance law
- valuation law
- accounting law
- inheritance tax law
- gift tax law
- estate planning
- corporate law
- family law
- international inheritance law
- International real property law

Planning corporate succession is one of the most difficult processes in a company's development. Legal and tax considerations are not the only factors to be considered. If there is no successor sale of the company is often inevitable. Modern instruments of succession, such as the management buy-out (MBO), management buy-in (MBI) and the involvement of holding companies all form part of the advice provided by Jakstadt & Partner.

- corporate law
- contract law
- tax law
- venture capital
- equity capital

Increasingly Jakstadt & Partner are having to provide legal and economic advice on winding companies up. However, as a rule insolvency law precludes liquidation by shareholder resolution. Jakstadt & Partner will support business and entrepreneur when questions of liquidity and business economics make legal advice on rescue strategy unavoidable. In times of crisis Jakstadt & Partner are qualified to draw up a rescue strategy and, indeed, may consult tax advisers, accountants and business consultants in so doing. For the worst-case scenario Jakstadt & Partner draws up a plan to safeguard the entrepreneur and his business and family assets. Jakstadt & Partner also possesses expertise in safeguarding the interests of the individual entrepreneur in the face of issues related to criminal law. Jakstadt & Partner also supports its clients to avert criminal charges, and can negotiate on their behalf with tax avoidance authorities or the public prosecutor.

- insolvency law
- criminal business law
- criminal tax law
- consumer insolvency law
- company rescue