Dr. Josef Heimann, LL.M.
Lawyer and Notary in and for Paderborn
Certified Specialized Attorney in Commercial and Corporate Law
Certified Specialized Attorney in Inheritance Law
Vita
- Born in 1972
- Legal studies at the University of Münster and the University of Law, Economics and Social Sciences of Paris
- First Exam ("1. Staatsexamen") in 1997
- Postgraduate studies in European and International Law at the University of Bremen 1997 - 1998
- Legal clerkship ("Refrendariat") at the Münster District Court
- Second (Bar) Exam ("2. Staatsexamen") in 2000
- Doctoral studies at the University of Bonn as a Deutsche Forschungsgemeinschaft Fellow (German research association)
- Bar admission in 2003, and with the firm since then
- Doctor of Laws (Dr. jur.) 2005
- Certified Specialized Attorney in Commercial and Corporate Law since 2008
- Certified Specialized Attorney in Inheritance Law since 2011
- Appointment as notary in 2011
Memberships
- Deutscher Anwaltverein
- Deutsche Vereinigung für Erbrecht und Vermögensnachfolge
Publications
Monographs
- Zwingender Verbraucherschutz und Grundfreiheiten im Bereich der Finanzdienstleistungen,
Karlsruhe 2005
Contributions to books
- Beiträge in Arens/Tepper, Praxishandbuch Gesellschaftsrecht, 2. Auflage 2013
Kapitel 2 Das Mandat im Rahmen der Gesellschaftsgründung
§ 3 Die Wahl der Gesellschaftsform - Das gesellschaftsrechtliche Mandat, Arens/Tepper, 1. Auflage, 2007 Kapitel 2, S. 35 ff.§ 3 Die Wahl der Gesellschaftsform
Kompetenzen
Notaries
- Property law
- Corporate law
- Succession law
- Drafting and certification of agreements and unilateral declarations of intent
- Authentication of signatures
- Electronic register applications
Corporate law/M&A
Incorporation
- Selection of the legal form (corporate law and tax law)
- Drafting of the partnership agreement, further agreements between the partners
- German stock corporation and private company law (e.g. OHG, KG, GmbH & Co. KG, GmbH, AG, KGaA, eG)
- Trust
- Voting trust, pool and consortium agreements
Life and growth of the company
- Conduction of general meetings and partners' meetings
- Subsidiaries (foundation and acquisition, foreign subsidiaries)
- Partnership agreements, affiliation agreements (in particular control and profit and loss transfer agreements)
Restructuring
- Transformation law, transformation tax law
- Consolidation, split, restructuring, contribution, merger
Disputes within the company
- Disputes between the partners, with members of bodies and with the company
- Representation of interests out of court (in particular in partners' meetings, general meetings, supervisory board, advisory board)
- Representation of interests in court
Company succession
- Entrepreneur's last wills
- Gifts, usufruct
- Estate settlements
Purchase and sale of companies (M&A)
- Drafting of the company purchase agreement
- Distressed M&A, acquisition from the insolvency administrator
Asset planning, succession, succession law
Succession law
- Design of last wills
- Revocation of a last will
- Contracts of inheritance (notarial)
- Withdrawal from a contract of inheritance
- Directions pertaining to legacies and conditions
- Prior and subsequent succession, also excepted prior succession
- Order of the execution of a will
- Will to the benefit of persons with disabilities, in need or overly indebted
- Provisions for the offsetting and balancing of gifts
- Renunciation of inheritance
- Renunciation to the compulsory portion
- Inheritance tax
- Agricultural succession law (farm regulations)
- Determination of the legal succession including spousal inheritance rights
- Acceptance and renunciation of the inheritance
- Contesting of the acceptance of an inheritance
- Securing the estate through curatorship of the estate
- Liabilities of the heirs, obligations of the estate
- Community of heirs
- Contesting a will
- Interpretation of a will
- Accepting or rejecting the office of the executor
- Remuneration of the executor
- Dismission of the executor from office
- Compulsory portion regulations
- Obligation of the heir to furnish information
- Offsetting of gifts against the compulsory portion
- Request for the issuance of a certificate of inheritance
- Revocation of a certificate of inheritance
- Purchase of an inheritance, transfer of shares of an inheritance
Asset succession and company succession
- Succession planning
- Legal and tax succession model
- Prevention of claims for compulsory portions
- Anticipated succession
- Transfer of company assets
- Foundation of family-owned businesses/family pools
- Establishment of foundations
- Sale of companies
- Enduring power of attorney
- Entrepreneur's last wills, testamentary and prenuptial of the entrepreneur
- Execution of wills (e.g. in case of underage heirs)
- Transfer agreements
- Agreements on the renunciation of the compulsory portion
- Lump sum provisions
Asset planning
- Legal consulting with regard to asset management