Dr. Bernhard König

  • Lawyer

 

Office: Detmold
T +49 5231 9857 - 0
F +49 5231 9857 - 50
detmold(at)brandi.net
Languages: German, English

About me

  • Born in 1954
  • Studies of law at the University of Münster
  • First state bar exam 1979
  • Legal clerkship at the Regional Court Paderborn
  • Second state bar exam 1983
  • Research assistant at the Chair for Civil Law and Labor Law at the University of Münster 1983 - 1985
  • Doctor of Laws (Dr. jur.) 1985
  • Member of staff for Bayerische Hypotheken- und Wechselbank 1986 - 1987
  • Bar admission 1987
  • With the firm since 1987

Expertise

    Labor law
    • Employee data protection
    • Criminal labor law
    • Labor law
    • Employment agreements
    • Termination agreements
    • Fixed-term employment
    • Plant closures and restructuring
    • Recruitment consulting
    • Company pension schemes
    • Works agreements
    • Industrial constitution law and collective bargaining law (including negotiations with works councils and trade unions)
    • Labor law compliance
    • Due diligence
    • Conciliation board procedures
    • Judicial and out-of-court representation in labor law disputes
    • International mergers/SE
    • Reconciliation of interests and social plan
    • Insolvency labor law
    • International labor law
    • Church labor law
    • Termination including mass layoffs
    • M & A
    • Employee participation schemes
    • Legal relationships of managing directors and board members
    • Social security law
    • Co-determination
    • Restructuring of companies and businesses
    Cartel law
    • Application of intended mergers (merger control)
    • Representation in preliminary proceedings before cartel authorities
    • Civil antitrust law (compensation for damages, abuse of dominant market position, obstruction of competitors)
    • Distribution cartel law (supply provisions, exclusivity agreements, non-competition clauses)
    • Contract design
    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
    • Squeeze-out
    • Support during company reorganization

    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

    Corporate tax law

    • Company related corporate and income tax law
    • Inheritance and gift tax law
    • Conversion tax law
    • International taxation law

    Insolvency law and reorganization

    • Preparation and supervision of company reorganization concepts including the creation of rescue companies
    • Support of companies and entrepreneurs in case of insolvency both on the side of the creditor and on the side of the debtor
    • Representation in disputes regarding insolvency law
    • Rights of parties furnishing security and of parties to which a security is furnished in case of insolvency
    • Insolvency rescission
    • Liability of 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
    • Administration of estates
    • Insolvency of estates
    • 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
    Commercial and distribution 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
    • Network marketing
    • Multi-level marketing

    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

    Publications

    Monographs

    • Befristete Arbeitsverträge im Hochschulbereich,
      jur. Diss., Münster 1985

    Contributions to books

    • Beiträge in Arens/Tepper, Praxishandbuch Gesellschaftsrecht, 2. Auflage 2013
      Kapitel 3 Das Mandat im Rahmen der werbenden Gesellschaft
      § 13 Haftung der Geschäftsführungs- und Vertretungsorgane
    • Das gesellschaftsrechtliche Mandat, Arens/Tepper, 1. Auflage, 2007
      Kapitel 3, S. 341 ff.
      § 13 Haftung der Geschäftsführungs- und Vertretungsorgane

    Memberships

    • Deutscher Anwaltverein
    • Deutscher Juristentag