Dr. Andreas Menkel

Introduction According to § 51a Para. 1 GmbHG, every shareholder must be provided with information on the company’s affairs immediately upon request. This right to information is in the interests of the shareholder. As a rule, the managing directors of a GmbH must provide this information. However, the shareholder’s right to information also has its…

It is true that the acquisition of a share is already completed with the transfer of the share. However, according to § 16 Para. 1 German Limited Liability Company Act (GmbHG), in the event of a change in the persons of the shareholders or the extent of their shareholding, only those persons who are entered…

Introduction Authorised capital with the exclusion of existing shareholders‘ subscription rights is now a basic feature of a public limited company – Aktiengesellschaft – (hereinafter with the German abbreviation „AG“). As a fast and flexible way of increasing capital, authorised capital has almost replaced the ordinary capital increase. The main advantage of authorised capital with…

The world of corporate financing is diverse. Growth companies are constantly looking for innovative ways to strengthen their capital base. In this context, venture debt has emerged as a financing option. Venture debt is a special form of debt financing aimed at start-ups and growth companies. In contrast to conventional bank loans, the focus here…

Introduction Authorised capital with the exclusion of existing shareholders‘ subscription rights is now a basic feature of a public limited company – Aktiengesellschaft – (hereinafter with the German abbreviation „AG“). As a fast and flexible way of increasing capital, authorised capital has almost replaced the ordinary capital increase. The main advantage of authorised capital with…

In a landmark ruling 70 years ago, the „Bundesgerichtshof“ (German Federal Court of Justice, hereinafter with the German abbreviation „BGH“) recognised for the first time the possibility of excluding a shareholder from the company by means of an action. Now, in the ruling of 11 July 2023 – II ZR 116/21 – the judges have…

T he fifteen most important questions about MoPeG – what you should know! Fundamentally new rules will apply to partnerships from January 2024. The “Law for the Modernization of Partnership Law” ( MoPeG ) aims to consolidate the law and adapt it to the needs of today’s practice. Below you will find the fifteen most important innovations in partnership law…

Every medical care center (MVZ) has always needed a medical director, as stipulated in Section 95 Paragraph 1 Sentence 2 and 3 SGB V. This person must work in the respective MVZ as an employee or as a contract doctor. This is intended to ensure that the medical field is not controlled by others. An intention of the legislature that…

The introduction Modern business is fast-moving. New business fields are opened up while others dry up. Legal transactions are just as fast-moving when it comes to the conversion or sale of companies. The purchase and sale of shares (“share-deal“) or the assets of a company (“asset-deal“) has become an integral part of business transactions. Sellers…

The labour market is in a constant state of change. Skilled workers are scarce and companies are in a constant “battle for talent” to attract the most promising employees. In this competition, the salary offered traditionally plays a central role. Especially in start-up companies, however, there is usually a lack of the necessary financial means…

Convertible loan agreements are very popular, especially in the venture capital (VC) sector. For early stage start-ups, the convertible loan is often the first debt financing of the start-up. Investors conclude pre-formulated convertible loan agreements with the start-ups at trade fairs or pitches in order to provide the start-ups with initial financing. In a convertible…

IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce that Dr. Andreas Menkel has joined IR as our exclusive Corporate Governance & Compliance member in Germany. Dr Andreas Menkel is a specialist lawyer for commercial and corporate law as well as tax law. The focus of his work is nationwide consulting…