Our areas of legal expertise and skills
Company law
We support businesses to achieve success and sustainability by providing clear, efficient and targeted legal solutions. It is important to us to find simple, fair and transparent solutions that enable and support sustainable business cooperation. The aim is to find an automatic regulatory mechanism for possible conflict situations in the worst case that is easy for the parties to understand, but which all parties hope will never actually be applied. As former in-house lawyers and heads of legal departments in large and medium-sized organizations, we maintain a sharp focus on both legal and commercial outcomes. We advise in the following areas:
- General Company Law (including claims enforcement)
- Incorporations (all types and legal forms)
- Capital measures
- Reorganisations (acquisitions, mergers, splits, transformations, etc.)
- Joint Venture/Cooperation Agreements
- Union Agreements
- AGM Representation
- Deadline Management
- Intragroup Service Relationships
- Trusteeships
- Shareholder Disputes
Labour law
Every company is impacted by labour law and many other regulations relevant to the workplace. Our many years of experience have proven that sustainable added value is created above all through consistent and clear communication and use of fair and principled processes. We advise amongst others in the following areas:
- Individual Labour Law
- Service Contracts
- HR Issues
- Collective Agreements
- Work Hours (including flexible working models)
- Cross-Border Provision of Services
- Hiring of Labour
- Secondments
- Labour Law Training for Managers
Real estate law
Every tenant and house or apartment owner has legal challenges or questions from time to time. We advise in all questions of residential and tenancy law as well as in related matters at competitive and fair conditions, as for example:
- Residential and Commercial Real Estate Purchase Contracts
- Trust Management
- Execution in the Land Register
- Portfolio Relationships (rent/lease)
- Legal Questions Regarding the MRG, WEG, WGG etc.
- Determination of ownership
- Gift and Transfer Agreements
- Usage Agreements
- Representation before Authorities
IT and licensing law
We see ourselves as sustainable and practical “enablers” and supporters in the negotiation of IT contracts, which are tailored to the needs of the respective project or customer and aim at a project implementation that is as transparent, sustainable and predictable as possible.
IT contracts are often a “black box” and therefore a risk that is difficult to calculate for clients or vendors. We offer practical legal support in every stage of negotiations or a possible mediator function for conflict situations in IT projects.
We are acutely familiar with the challenges associated with IT, In- and Outsourcing and digitalization. We advise on
- Outsourcing Contracts
- Hardware and software contracts
- Provider contracts
- Domain contracts
- Website and App Contracts
- License Agreements
Data protection law
Data protection is an issue that all SME’s need to take seriously, particularly since the DSGVO came into effect in May 2018. Our practice aims to minimize risks and bring business practice into line with regulatory requirements. Our broad experience as external data protection officers, including for high risk organizations such as IT companies and health service providers, makes us well placed to advise on all data protection issues, for example:
- Data Processing Register
- Agreements for the Processing of Orders
- Homepage Compliance (including privacy policy statements)
- Requirement to Appoint a Data Protection Officer
- Handling of Information Requests
- Consent Processes for Employees and Customers
- Internal Confidentiality Statements and Instructions to Employees
- Data Breach Procedures
- Reviewing and Conducting of Data Protection Impact Assessments
Comprehensive Legal Company Services and External Legal Department
As a business, you have decided not to set up an internal legal department with fixed personnel costs or one of your in-house lawyers is absent at short notice for a certain period of time. However, you are aware of your obligations, possible risks and liabilities and do not want to do without the security of a professional legal foundation for your activities. Or perhaps project implementation is being threatened by a lack of human resources. LEGALPARTNERS as your external legal department can provide both legal advice and representation for your business. LEGALPARTNERS advises established companies as well as SMEs, start-ups, freelancers and self-employed persons. Through years of experience both as employees or heads of legal departments of corporate groups and as lawyers, we have concentrated practical competence and a distinctive view as practitioners: we are pragmatic, can manage and implement projects and look at the respective interfaces in the finance, HR, IT, purchasing and sales environment, etc., which vary from sector to sector. As an “external legal department”, we focus on operational business activities (e.g. advising the sales, purchasing, HR departments, etc.) or on advising at managing director/board level or shareholder level, depending on your needs. If required, we can also represent your company as a counsel before authorities or courts.
The advantages of an external legal department at a glance:
Prompt personal availability even as a "spontaneous" legal sparring partner
No high personnel costs
Both advice and attorneys' services from a single source, tailored to corporate culture
No individual assignment: saves time and money also because no external attorneys have to be engaged
Pragmatic view "from the outside" with a definite focus on solutions
Calculable costs for the financial year, individual fee agreements possible
Operational Business
- Legal Health Check
- Company agreements, general terms and conditions, customer agreements, supplier agreements, employment contracts, tenancy agreements, data protection compliance, etc.
- Administrative law issues
- Appointment of agents under administrative law, trade law, permits for operating facilities, etc.
- Contract drafting, contract reviews and contract negotiations
- Outsourcing projects, customer contracts, tenders, purchasing contracts, licence agreements, etc.
- Legal support in HR matters
- Service contracts, disputes with – former – employees, etc., service instructions, employee protection issues, etc.
- Interface with authorities, courts and notaries
Advice for management and shareholders
- Ongoing advice on company law
- Articles of association, resolutions on annual accounts, other shareholders’ resolutions, rules of procedure, managing directors’ agreements, division of duties, etc.
- Training and communication on legal innovations and changes in the legal environment
- Liability of managing directors, compliance, data protection, etc.
- M&A transactions
- Legal due diligence, legal structuring, legal project management, drafting, reviewing and negotiating contracts, legal post-merger advice
Special offer: Quick Legal Health Check
- Are there areas in your company that you have always wanted to “take a closer look at”?
- Company law: do I know my potential directors’ liabilities or how I can best minimise them?
- Labour law: are our employment contracts “100% secure” and do we comply with regulations such as the AZG, etc.?
- Labour law: is there a risk that my “service providers” will be reclassified as employees and what can we do to avoid social security back-payment obligations?
- Administrative law: have we properly appointed our responsible agents and do I have the possibility to discharge myself according to § 9 VStG?
- Trade law: do we apply the right trade – and thus the right collective agreement?
- Data protection law: is our data protection situation currently DSGVO and DSG-compliant?
- What risks are included in our general terms and conditions or in our terms and conditions of purchase or other core business contracts?
- Offer at a fixed price
- We look at your three most important questions and draw up an initial risk assessment from a legal perspective.
- We discuss with you which risks exist and what you can best do to avoid these risks.
- All this at an attractive fixed price, which we agree with you transparently and pragmatically in advance.
Comprehensive support for entry into Austrian and Polish markets
The Austrian market is an attractive market for international investors with a well-functioning legal system, advanced research and development, a well-trained workforce and a very high quality of life.
- We support Polish companies as they enter the Austrian market, from the cross-border provision of services and the sale of goods to the establishment of an Austrian branch, from questions of posting and hiring employees to the formation of companies and the commencement of business activities to questions of trade law and the contractual protection of their interests.
- Are you an Austrian company that wishes to expand into the Polish market, or do you need legal support for your existing business transactions? Together with our legal partners in Poland, we can provide you with experienced, professional legal support – in your native language.
- Cooperation with a broad network of relevant consultants.
- We provide “one-stop-shop” support and cooperate intensively with the Austrian Business Agency, management consultants, tax consultants, real estate and insurance brokers, and other professional services as required by our clients.
- Cooperation with Polish lawyers and notaries.
- For Austrian companies entering the Polish market, we provide assistance in cooperation with highly qualified and internationally experienced partners in Poland (e.g. international financing, international tax law, international civil law, arbitration, etc.).