Municipal commercial law / holdings

​Many municipal tasks are handled efficiently by the core administration. At the same time municipal participation impressively illustrates the success of managing tasks through independent organisational structures.
  
Independent organisational structures are usually ascribed to heterogeneous and respectively transparent reasons, i.e. a clear assignment of tasks, emphasis on responsibility, a new approach for the management of personnel or investment policy, support for the opening of credit facilities or procurement law, inter-municipal co-operation or co-operation with private third parties, to name but a few. Independent of which considerations in individual cases can carry a decision to make organisational changes, one thing is certain: the implementation process is accompanied by many questions and challenges. 

We advise and assist with 360 degree vision for the founding, transformation, restructuring, privatisation and disposal of fully or partly owned municipal companies including projects for inter-municipal co-operation. In this process our extensive experience and presence all over Germany consolidates our expertise in the area of state and municipal constitutions.

 
Our services for you:

• Expert reports for the permissibility of entrepreneurial activity and outsourcing of services
• Tailor-made comparison of legal forms for the ideal organisational form
• Preparation of statutes, company contracts, by-laws for executive and supervisory bodies
• Assistance with transformations (mergers, splits, spin-offs, change of form)
• Division of responsibility of corporate bodies
• Design of inter-municipal co-operation (common municipal institutions, associations of municipalities, association agreements)
• Clearance with regulatory authorities, official reporting and permit processes
• Expert opinions on individual and regular tax consequences of the organisational changes, arrangements with the fiscal authorities
• Support for organisational changes in connection with employment law, employee involvement, negotiation and preparation of  personnel transfer agreements
• Employment contracts for managing directors and boards
• Expert reports on the consequences in relation to procurement law arising from organisational changes
• Expert reports on the permissibility of loss compensation paid to partly owned municipal companies in relation to state aid law, private investor tests, preparation of entrustment acts
• Training for supervisory boards and administrative boards with regard to their rights  and obligations in their role as monitoring and decision-making bodies