BRANDI lawyers.
Achim Heining
About me
- Born in 1970
- Legal studies at Bielefeld University
- First Exam ("1. Staatsexamen") in 1995
- Legal clerkship ("Refrendariat") at the Bielefeld District Court
- Second (Bar) Exam ("2. Staatsexamen") in 1998
- With the firm since 2006
- Appointment as notary in 2011
Competence
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
- Inco terms
- Product liability law
- Insurance law
- Agency agreements
- Distributor contracts (including distribution cartel law)
- Transport law
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
International law
Export and import, international distribution
- International purchase agreements, UN Convention of Contracts for the International Sale of Goods
- International distributor contracts
- International General Terms of Purchase and Sale
International direct investments
- Foundation of subsidiaries abroad
- Joint Ventures
- International purchase and sale of companies
- Management of participations abroad
- Establishment of holding structures
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)
- 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
Foundation law
- Establishing foundations
- Amendments to the Articles of Association
- Advising foundation bodies (including liability issues, board disputes)
Publications
Memberships
- Deutscher Anwaltverein