Achim Heining

  • Lawyer and Notary
  • Specialist Lawyer for Trade and Company Law

 

Office: Bielefeld
T +49 521 96535 - 862
F +49 521 96535 - 99
E achim.heining(at)brandi.net
Languages: German, English, French

 

About me

  • Born in 1970
  • Studies of law at the University of Bielefeld
  • First state bar exam 1995
  • Legal clerkship at the Regional Court Bielefeld
  • Second state bar exam 1998
  • With the firm since 2006
  • Admission as notary 2011

Expertise

International law

Export and import, international distribution

  • International purchase agreements, UN Convention of Contracts for the International Sale of Goods
  • International agency agreements
  • International distributor contracts
  • International General Terms of Purchase and Sale
  • Letters of credit
  • International bank guarantees
  • International collateralization of credits on goods

International direct investments

  • Foundation of subsidiaries abroad
  • International tax law
  • Joint Ventures
  • International purchase and sale of companies
  • Management of participations abroad
  • Establishment of holding structures
Corporate law

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)
  • Societas Europaea (SE)
  • Foreign legal forms (e.g. Ltd, Plc, Inc., LLC)
  • Trust
  • Voting trust, pool and consortium agreements

Life and growth of the company

  • Conduction of general meetings and partners' meetings
  • Growth financing, corporate finance (borrowed and own capital, cash pool, bank loans, leasing, leasing, factoring, forfaiting, asset-backed securities, mezzanine financing, bonds, bonded loans)
  • Participation rights, silent partnerships (typical, atypical)
  • Employee participation schemes
  • Private equity companies
  • Subsidiaries (foundation and acquisition, foreign subsidiaries)
  • Partnership agreements, affiliation agreements (in particular control and profit and loss transfer agreements)
  • Co-determination
  • Corporate compliance, corporate governance
  • Cooperation agreements, joint ventures, join ventures in Germany and abroad
  • Takeover of other companies (M&A)

Restructuring

  • Transformation law, transformation tax law
  • Consolidation, split, restructuring, contribution, merger
  • International mergers and control agreements
  • National and international holding structures

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
  • Mediation (as party representative and mediator)
  • Arbitration (as party representative and arbitrator)

Company succession

  • Structuring of family assets
  • Entrepreneur's last wills
  • Gifts, usufruct
  • Inheritance tax law
  • Foundation (charitable foundation, family foundation)
  • International models
  • Supervisory board, advisory board
  • Execution of wills, administration of estates
  • Sale of companies
  • Estate settlements

Purchase and sale of companies (M&A)

  • Preparation of the purchase of a company (tax optimization, bundling of the assets to be sold, separation of assets, sales brochure)
  • Determination of the type of sales process (e.g. auction, sale to competitors)
  • Selection of the business broker or the investment bank
  • Transaction structure (in particular asset or share deal, tax aspects)
  • Transaction management
  • Agreements prior to due diligence (e.g. non-disclosure agreement, letter of intent)
  • Preparation and execution of and support during due diligence (including installation of a(n) (electronic) data room)
  • Negotiations
  • Drafting of the company purchase agreement
  • Distressed M&A, acquisition from the insolvency administrator
  • Consulting in the case of public take-over bids
  • Purchase of a foreign company
  • Purchase by a foreign purchaser
Commercial and distribution law

International distribution (export and import)

  • UN Convention of Contracts for the International Sale of Goods
  • International supply agreements
  • International supply framework agreements
  • Internationale order framework agreements
  • International General Terms of Purchase and Sale
  • International agency agreements
  • International distributor contracts (including distribution cartel law)
  • Non-disclosure agreements
  • Quality assurance agreements
  • Letters of credit
  • International bank guarantees
  • International collateralization of credits on goods
  • International sales tax law
  • Private international law

National distribution

  • Delivery agreements
  • Purchase agreements
  • Delivery framework agreements
  • Order framework agreements
  • General Terms of Purchase and Sale
  • Warranty regulations
  • Guarantee agreements
  • Quality assurance agreements
  • Inco terms
  • Product liability law
  • Insurance law
  • Agency agreements
  • Distributor contracts (including distribution cartel law)
  • Transport law
  • Non-disclosure agreements

Proceedings and arbitration proceedings

  • Litigation in Germany and abroad
  • Enforcement of claims against foreign debtors
  • International and national arbitration proceedings (as party representative and arbitrator)
  • Strategies for the prevention of proceedings and reduction of risks
  • Proceedings for the preservation of evidence, in- and out-of-court