AREAS OF LAW – SCHUBERT RECHTSANWÄLTE ENG
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FULL-SPECTRUM LEGAL ADVICE AND REPRESENTATION

We are a solicitor’s office covering all areas of legal counselling for companies and private individuals.

Whether family firms or groups, start-ups or long-established firms, foundations or hospitals, property developers or leasing companies –

often, we escort our clients through many years and different stages of their entrepreneurial or private lives.

Several samples from our encompassing portfolio of services are the following areas of specialization about which we would like to give you a more detailed overview:

Leasing Law

Dr. Friedrich Schubert has been a consultant to leasing companies for 15 years. Today, we represent more than 30 leasing companies in Austria and abroad. We attach great importance to the fact that we are able to attend to our clients in all matters related to leasing. Whether it’s about civil law, commercial law, tax law, or financial mathematics: We have the answers.

Here, our focus ranges from drafting sample contracts to attending to problematic cases and court-ordered debt collection. During the past 15 years, we have gained the necessary know-how in order to solve many problematic cases pre-court, thus achieving a low-cost and efficient solution.

Furthermore, our clients appreciate our being there for them in the area of sales. Successful leasing contracting often depends on solving upcoming legal problems in mutual consent.

As one of the most distinguished leasing specialists in Austria, Dr. Friedrich Schubert is – next to his work as a consultant – very busy holding seminars in the area of leasing. Annually, he leads about 20 seminars regarding all forms of leasing. Information on current seminar schedules may be found under Seminars.

 

Banking and Capital Markets Law

“With SCHUBERT RECHTSANWÄLTE we are supported by juridically competent legal advisers who focus on solutions with long-term results favoured over short-term gains”.

We represent leading Austrian banks and a number of foreign credit institutions in all areas of their business operations, ranging from the drafting and interpretation of contracts to receivables management and debt recovery. An important focus of our firm’s activities is debt workout management. Here, in conjunction with the specialist departments of our client banks, we devise customized solutions for non-performing loans. Our in-depth experience in the field of debt collection plays an important role in this field and is successfully utilized by banks of all sizes on an ongoing basis.

By virtue of his professional experience, Dr. Schubert can draw on extensive knowledge of the internal business operations of a bank. The solutions required by the individual specialist departments are developed on the basis of a comprehensive background in tax law, financial mathematics and commercial matters. Strategic decisions are prepared and implemented at Board level.

Dr. Höfer’s doctoral thesis covers the topic of Austrian and European banking and capital markets law. His work on the legal framework of cross-border online securities trading was recognized with the Wolf Theiss Award and published in book form.

In the area of banking and capital markets law, we also represent individual cases of aggrieved investors who suffered damages to their assets due to faulty investment advice or illegal business practices.

Real Estate Law

We have been entrusted with the legal counselling of property developers for many years and function as specialists who facilitate property acquisitions, development and sales.

The lawyer commissioned by the property developer plays a substantial role in building a relationship of trust between buyer and seller. We see ourselves as a reliable “instrument” and, by means of our expertise in such investment, we reinforce trust on the buyer’s side, which is so indispensable in such an endeavour.

Our subject-matter specialists, Dr. Schubert and Dr. Höfer, can draw upon years of experience and extensive know-how in the drafting and fiduciary processing of purchase transactions, rental contracts, construction contracts and implementing construction procedures (according to the Austrian Building Development Contract Act or BTVG). Since Dr. Schubert is a property developer himself, this area shows again our entrepreneurial thinking and our affinity towards our clients.  

Dr. Schubert also constantly serves as a lecturer on real estate law. The seminar topics range from reliable trustee settlements to optimal contract design in the area of real estate and the special treatment of ailing loans in real estate financing. Information on the current seminar schedule may be found under Seminars.

Insolvency Law

In the field of insolvency law, we specialize in representing the creditor. Our key emphasis centres on representing banks in ailing finance management.

In insolvency law counselling, we focus especially on eliminating the risks of an appeal. This means: Making ordered securities safe from appeal and providing safety from appeal for new securities right from the beginning. Thus, we spare our clients a high risk of loss of assets and often tedious appeal procedures, too. If worst comes to worst, we have, of course, many years of experience in conducting such cases.

For us, representing is not at all done when reorganisation on the debtor’s side has finally begun. To prevent the inefficient use of money granted in a crisis by the banks, we escort the debtors in the subsequent revitalisation process, too.

Our clients especially appreciate our commercial skills which are an important component of legal representation in any revitalization process.

Company Law

In the field of company law, we offer our clients a comprehensive range of consultancy services, from incorporation and ongoing advice through to restructuring and exit. Throughout your company’s lifecycle, we will act as a reliable partner that seeks out and finds the best possible economic outcome for you and your company.

The success of a company rests to a large extent on the quality of its articles of association. For this reason, we place strong emphasis on this area because all too often no account is taken of the possibility that partners who are on the most amicable of terms today might disagree tomorrow. This is why we focus on proactively incorporating mechanisms for resolving arguments and disagreements in the articles of association. By taking these precautions, we can exclude economically fatal gridlocks in advance – better to make a wrong decision that none at all!

We also regularly represent clients in shareholder disputes. In these particularly complex and sensitive matters, we are able to leverage our expertise in company law, together with our experience of civil proceedings and our understanding of commercial matters, for the benefit of our clients.

In matters of company law, we also cooperate closely with the auditors and tax advisers of our clients. Building on our expertise in tax law, we are able to work jointly with other consultants to find the ideal solution for every project. In addition, our background in tax and commercial matters enables us to “navigate” our clients through the often torrential flood of adviser suggestions and strategies. We can act as your sparring partner and, where required, are ready to offer advice on your consultants.

M & A

Based on our commercial know-how we advise our clients in the area of mergers & acquisitions at the highest level of competence not only regarding legal matters but also regarding questions related to business. In cooperation with our clients, we work out the kind of procedure fit to achieve best the individual client’s legal as well as commercial interests. Concerning the momentous, often once-in-a-lifetime decision of selling or buying a firm, nothing must be left to chance. We therefore put maximum emphasis on minimizing the economic risks inherent in such a transaction.

We take special pride in being able to see beyond the end of the nose of a legal advisor and view things from the perspective of a lead advisor. Together with our clients, we strive to bring about commercially optimal solutions fit to also address any additional problems which might arise outside the legal context.

A fact that people must always bear in mind in M&A consulting is that legal concessions and commercial risks are intertwined. Thus, the main focus of our work is finding the optimal tightrope walk, so to speak, in order to ensure a transaction with as little risk as possible while, on the other hand, not jeopardizing the signing of the contract.

Corporate Law

The every-day life of an entrepreneur is nowadays more and more determined by legal guidelines – and keeping track of the multitude of rules and regulations has become increasingly unmanageable. Especially those independent entrepreneurs given to managing their firm with all their souls often don’t have the time to grapple with legal detail.

This is where we come in: It’s our job to guide your firm through all legal rapids safely and soundly. You can trust us to support you in all challenges of entrepreneurship and find answers to the many questions that arise in business life. That holds true to major groups as well as to individual enterprises.

Our offering of services ranges from appropriately drawing up your terms of business to negotiating individual contracts or ongoing legal assistance in your relationship with your customers. We prevent ideal commercial solutions from being thwarted by legal details. We furthermore accompany clients regularly in their discussions and negotiations with banks, customers and suppliers. We also have a wealth of experience in intellectual property rights.

Foundation Law

In the field of foundations, prudence and foresight are our priorities. Too often, only the precise terms of founding are taken into consideration. But how will the competences be shared among the executive body? In what ways will the founder as the beneficiary receive the benefits? Which rights and which influence will remain with the founder? These and similar questions are often taken into account only after legal ambiguities have already led to problems or even conflicts.

This is why we, when drawing up the deed of foundation, attach great importance to considering each and every eventuality. Every individual solution is tailored exactly to the founder’s wishes and ideas. Only in this way deeds of foundation and supplementary documents can guarantee a successful operation and thereby a smooth fulfilment of the foundation’s purpose.

Litigation

Litigation is one of the core activities of a solicitor – and in this we are professionals. An optimal legal check-up of the facts of the case is a matter of course, but beyond this we guide our clients to success, based on the following principles:

A concluding juridical settlement of the case prior to taking someone to court.

The juridically competent preparation of the case by the lawyer including a final evaluation must be completed prior to litigation: We think before we go to court.

Extensive preparation prior to every hearing with the client.

A cost-effective analysis regarding the reasonability of litigation. This primarily includes comparing the value in dispute, the imminent costs, and the probability of winning the case. The capital applied for litigation needs to be in a commercially reasonable proportion to the chance of winning the case.

Ongoing communication between lawyer and client.

Management of Accounts Receivable

Accounts receivable management is a “science” in its own right and cannot be left to someone who regards it as a “millstone around the neck”.

When it comes to debt collection, we therefore offer our clients a unique service characterized by competence, experience and efficiency. Thanks to the loyalty of our clients, we are currently handling more than 10,000 files for collection. Our focus is on getting results for our clients, and we take pride in delivering excellent recovery rates.

To ensure the best possible service for our clients, we employ a large number of specialized experts who have been working with our lawyers and the head of our accounts receivable management department, Ms. Brosenbauch, for more than ten years.

Our approach is to always remain in close contact with our clients, thus building a strong relationship of trust and mutual support.

In addition, we understand our clients’ needs and try to take account of all commercial processes involved. This ensures that in debt collection proceedings the correct payment amounts are being claimed and, in the case of contestations, the debtor’s objections can be countered with factually correct arguments.

Our specially designed in-house extranet provides you with the opportunity to view your files online at any time and with the highest degree of data security.

Debt Collection

To provide best support to our clients in collecting receivables, we have founded our partner firm SUCCESS INKASSO GMBH in 2005. The firm is led by registered lawyers. Thus, we offer you a genuine one-stop-shop for the complete area of your management of accounts receivable. Should a claim have to be settled in court, the case goes directly from SUCCESS INKASSO GMBH to SCHUBERT RECHTSANWÄLTE without trouble, loss of information, or additional costs. This is possible since SUCCESS INKASSO GMBH and SCHUBERT RECHTSANWÄLTE are connected by a common computer software which makes possible the transfer of cases automatically from out-of-court settlement to court proceedings upon the customer’s demand.

Out-of-court collection is furthermore liable to costs only when there are incoming payments from the debtors. If the collecting firm is not successful, no costs accrue to our customer.

In addition, a special extranet provides you with the opportunity to view your files online at any time and with the highest degree of data security.

Franchising and Distribution Law

We possess extensive experience in the establishment of domestic and international distribution networks and provide advice on Austrian and European franchising and distribution law. We draw up, examine and revise franchise contracts, commercial agency and dealership agreements, licence agreements and other relevant contracts in both German and English and offer extensive support to our clients in connection with associated interrelating aspects, such as real estate law and company law, in order to best protect the interests of our clients.

Allocation

We are among the most distinguished Austrian experts in the fields of funding and allocations. After more than 20 years of experience in funding in connection with representing a major federal company active in allocation of funds we may say that we possess encompassing know-how.

However, in the field of funding, we confine ourselves to our speciality: In the allocation process, we ensure optimized project financing and assist our clients in eluding the risks and chances connected with funding. Especially the private public partnerships, which have become more and more popular recently, may bear considerable risks for corporations, and we safeguard our clients against these.

Civil Law

The civil law is said to be the crown of jurisprudence: an ideally drafted area of law which has basically remained unchanged for 200 years. In our activities, too, civil law takes a central position. Our outstanding expertise originates not only from years of legal practice but also from Dr. Schubert’s in-depth academic knowledge gathered since his days as an assistant professor at the Institute for Civil Law at Vienna University.

We represent enterprises as well as private clients, and we have done so for many years and to our customers’ utmost satisfaction. Counselling and representation in contract negotiations are as much part of our business as the customized drafting of diverse contracts and legal documents needed in commercial or private life.

Claims derived from error, warranty claims, indemnification claims, family claims as well as claims derived from inheritance law are pursued with much care for the details.

Labour Law

In labour law, we mostly represent firms in legal disputes. For this reason we are, in every matter concerning labour law, especially intent on finding a solution which is acceptable to both parties. A lawsuit in this area does not only carry financial risks, but also restrains the remaining employees and the executives in their use of time. It is furthermore a sensitive matter that may cause feelings of unease among employees. This is why from the very beginning we strive to come to an agreement acceptable to both parties instead of fighting it through with a “must be” in court.

Based on this conviction, during recent years we have specialized on employer/works council agreements and on collective agreements. We possess, however, sound know-how in the areas of negotiating with works councils and court proceedings, too.  We are therefore able to represent the interests of entrepreneurs in a competent and far-sighted manner.