Carsten Christophery

Dr. Carsten Christophery, LL.M.

  • Lawyer and tax consultant

 

Office: Gütersloh
T +49 5241 5358 - 0
F +49 5241 5358 - 40
Carsten.Christophery(at)brandi.net
Languages: German, English

About me

  • Born in 1984
  • Studied law at Friedrich Schiller University Jena and Osnabrück University
  • First state bar exam in 2010
  • Post graduate studies in London, 2010 - 2011
  • Master of Laws (LL.M.) in International Commercial Law, 2011
  • Research associate at two Anglo-American corporate law firms in Cologne and Düsseldorf, 2010 - 2012
  • Legal clerkship at the Regional Court of Bielefeld with positions at the German Embassy in Lima (Peru), at BRANDI Rechtsanwälte in Gütersloh and in a commercial law firm in Vienna (Austria)
  • Second state bar exam in 2016
  • Bar admission and entry into the firm in 2016
  • Doctor of Laws (Dr. jur.) 2016
  • Tax consultant 2019

 

Expertise

    International law

    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

    International proceedings and arbitration

    • Enforcement of claims against foreign debtors
    • Strategies for the prevention of proceedings and reduction of risks
    Mediation and arbitration

    Arbitration

    • Representation in national and international arbitration
    • Preparation of arbitration agreements
    • Acknowledgment and enforcement of arbitration awards
    Tax law
    • Consulting with regard to tax planing for all tax types
    • Final costing
    • Cash auditing
    • Securing of input tax deduction
    • Voucher audit
    • Conduction of objection proceedings with regard to all tax types
    • Proceedings for the stay of execution and enforcement
    • Representation in liability proceedings
    • Tax law compliance
    • In-house training regarding the distribution and requests for vouchers in order to secure the deduction of operating expenses
    • Consulting with regard to voluntary reporting of tax evasion
    • Preparation of voluntary reports of tax evasion including the review and assessment of bank receipts
    • Preparation of and support during audits
    • Actions before the fiscal court, the Federal Fiscal Court and the European Court of Justice
    • Constitutional complaints
    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

    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 structuring of (family-owned) companies