English Profile

Teamwork and networking

Von links nach rechts: Alexander Ahrens, Carla Staedt, Eberhard J. Trempel und last but not least Patrick Schneider.

Trempel & Associates was established 1987. The partners are specialised on mergers and acquisitions, general business, corporate, investment and tax law. Company formation and legal presentation world wide are part of our services.

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Business scope: Corporate law, corporate finance, commercial law, trade law, intellectual property law, bankrupcy law, international business law, real estate law, ligitation and Arbitration, European Community Law, International Law, Unfair Competition, Investments, Mergers & Acquisition, International and Domestic Tax Law, Accounting and Auditing, International Construction, Joint Venture Contracts, Controlling, Marketing, Auditing, Management Consulting, Corporate Financing, Reorganisation. For futher information check sites: www.germanglobaltrade.de or www.thailandproject.de (among others).

The challenges facing the professions working in the fields of legal, tax and business consultancy are, also as a result of the revolution in information technology, becoming ever more complex and numerous. It is becoming increasingly obvious that the concept of the global village is becoming more and more of a reality thanks to the new media while, at the same time, the questions and problems we face today are growing in all aspects of complexity.

Along with transformation of a manufacturing-industry based society into one based on information technology, the requirement of constantly being present and able to communicate on all world markets has become a decisive criterion of business success for companies and their consultants. Businesses and institutions will only be able to meet the challenges of the future by a flexibile approach to work and interaction. Our society expects a constant ability to adapt to changes and transformations in legal and economic situations. Providing clients with advisory services which are, as far as possible, based on individual and specific needs presupposes a flexible conceptual and practical approach.
For us, building a personal and trusting relationship is more important than running a law office machine.

Genuinely looking after our clients and providing them with what they need is something to which we attach great importance. We understand the services we offer as encompassing a full range of expert advisory services in a large number of areas. Our yardstick is to understand all aspects of the needs of our clients to enable us to be a qualified, fair and reliable partner for each individual client. Developing creative solutions for specific situations is a reflection of our underlying philosophy and cooperation with our partners in fields in which we do not asyet have extensive practical experience. This approach guarantees continuity and relationships built upon trust over many years.
The quality and success of the services we provide is based on our cooperation with certified accountants, outside tax and business consultants, experienced practioners and providers of financial services as well as experts in the field of insurance.

The challenges facing the professions working in the fields of legal, tax and business consultancy are, also as a result of the revolution in information technology, becoming ever more complex and numerous. It is becoming increasingly obvious that the concept of the global village is becoming more and more of a reality thanks to the new media while, at the same time, the questions and problems we face today are growing in all aspects of complexity.

Along with transformation of a manufacturing-industry based society into one based on information technology, the requirement of constantly being present and able to communicate on all world markets has become a decisive criterion of business success for companies and their consultants. Businesses and institutions will only be able to meet the challenges of the future by a flexibile approach to work and interaction.

Our society expects a constant ability to adapt to changes and transformations in legal and economic situations. Providing clients with advisory services which are, as far as possible, based on individual and specific needs presupposes a flexible conceptual and practical approach. For us, building a personal and trusting relationship is more important than running a law office machine. Genuinely looking after our clients and providing them with what they need is something to which we attach great importance.

We understand the services we offer as encompassing a full range of expert advisory services in a large number of areas. Our yardstick is to understand all aspects of the needs of our clients to enable us to be a qualified, fair and reliable partner for each individual client. Developing creative solutions for specific situations is a reflection of our underlying philosophy and cooperation with our partners in fields in which we do not asyet have extensive practical experience. This approach guarantees continuity and relationships built upon trust over many years.

The quality and success of the services we provide is based on our cooperation with certified accountants, outside tax and business consultants, experienced practioners and providers of financial services as well as experts in the field of insurance.

Trempel & Associates is a cooperative member of

• ACC - American Chamber of Commerce in Germany (1992-2002)

• Asia Pacific Forum Berlin

• Deutsch-Brasilianische Kammer fur Industrie und

• Handel (German-Brazilian Chamber of Commerce and Industry in Sao Paulo (Brazil)

• German-Asia-Pacific Business Association (Ostasiatischer Verein)

• IBA - International Bar Association - Business Section, Asia-Pacific Section, Corporate Law Section

• IASW-EWIV - international attorneys-at-law, tax consutlants, certified accountants

• Deutsch-Japanische Juristenvereinigung (German-Japanese Lawyers' Association)

• Deutsch-Chinesische Juristenvereinigung (German-Chinese Lawyers' Association)

• Deutsch-Griechische Juristenvereinigung (German-Greek Lawyers' Association)

• Deutsch-Italienische Juristenvereinigung (German-Italian Lawyers' Association)

• Deutsches Anwaltsverein (German Bar Association)

• Berliner Anwaltsverein (Berlin Bar Association)

• Asia Group of the Berlin Business Community

• Thailand Forum

• German Thai Joint Business Council

• Indonesia Forum

• sales law, real property law, building law, family law

• and law of succession

• law governing contracts for work and services

• law governing physicians

• family law and law of succession

• disputes relating to property rights

• valuing claims to the surplus (upon termination of

• statutory property regime), corporate valuation and

• valuation of privately owned assets.Law of Succession

• Our experience in providing services for corporate clients has enabled us to develop our range of services in the field of the law of succession - an aspect which is taking on increasing significance. We are able to provide the following services in this field:

• representation and advice reagrding inheritance matters

• establishing and handling inheritance claims

• litigation regarding probate matters

• reviewing inheritance claims

• reviewing inheritance-tax issues

The principal reason for founding the partnership was to make use of the experience which the partners had gained in their dealings with foreign countries in order to provide services for projects and clients with an international outlook. All the partner and attorneys at Trempel & Associates speak more than one foreign language and have practical experience of foreign business. Experience of this kind has particularly been accumulated since 1978 with regard to the following countries: Brazil, Spain, Portugal, Italy, Greece, China, Vietnam, Thailand, Malaysia, Singapore, Indonesia, Philippines, Russia.

The clients of Trempel & Associates essentially consist of industrial enterprises and tradesmen, members of the liberal professions, employees and entrepreneurs, small and medium-sized businesses and other business organizations of every kind and size and in all branches of the public and private sectors, including public utilities and corporations and housing associations. We also provide a wide range of services for a substantial number of small and medium-sized agricultural businesses.

Trempel & Associates has operated in Europe, North and South America, Asia, Australia and South Africa for many years. Initially providing services for purely private clients, growing links with other countries led us to develop a wide range of services designed to meet the needs of trade and industry.

Today our primary focus is on providing services designed to support entrepreneurial initiative and all related issues. The project areas indicated below are not to be seen as exhaustive; rather they serve to illustrate the wealth of our primary activities. The process of European integration as well as globalization of markets are also making a stronger international focus necessary in the field of complex services.

By being part of a wide variety of networks, we are not only able to respond to this process but, in addition, are increasingly becoming initiators.

Providing services for foreign and domestic investment projects in the area of infrastructure (public private partnership),
Devising and looking after build-operate-transfer projects, e.g. in the area of infrastructure (power stations, supply and disposal of water), hospitals, roads, docks etc.
Developing privatization models, restructuring public-sector tasks
Providing services to find the right partner for

devising projects
- working out financing models and bases
- creating investment schemes
- Consultancy services to develop marketing and sales strategies

The services we offer in the field of civil law particularly relate to legal questions and issues in the following areas:

The significance of business law in Germany is growing in complexity just as it is in other European countries and in Asia. The issues with which we deal here are primarily ones which are international in their implications. The focus of our work in the field of business law is on providing advisory services for businesses seeking to develop abroad, i.e. in the search for suitable investment locations, in the search for partners, in the opening up of new markets and locations in, for example, Germany, Europe, Russia, China and South-East Asia, in the making of investments abroad, particularly in the Asia-Pacific growth region (China, Vietnam, Korea, Burma, Malaysia, Thailand, Singapore and Philippines). We provide services in the following fields:

• commercial law, international sales law

• law on the provision of guarantees

• transportation law

• arbitration

• building law (providing advisory services in the fields of

• planning, execution and project management)

• law governing architects

• law on competition

• capital investments and capital investment fraud

• embezzlement investigations

• prosecution of claims vis à vis insolvent debtors

• claims for damages vis à vis managing directors etc.

• prosecution of creditor claims vis à vis allegedly insolvent

• businesses and those liable

In Germany we represent the interests of international companies from all branches of industry, e.g. from the construction, data-processing and investment branches to name only a few. As standard procedure, we provide a full service, which ensures that every aspect of the interests of the business in question is looked after. Our services also include seeking a suitable location, conclusion of all necessary agreements and contracts and registration of the business activity as well as representing clients vis à vis public authorities and institutions.

The services we provide in this field protect the interests of our clients with regard to trademark registration and protection against unfair competition. This field covers publishers's rights of publication, the area of multimedia and protecting programme rights in the fields of telecommunications and data processing.

The services which we provide in the field of corporate law cover issues of German, European and international relevance such as

• formimg, establishing and providing services for companies and their branch establishments and civil law partnerships - in particular private limited liability companies, joint stock corporations and limited partnerships,

• assisting in the formation and establishment of branch establishments

• taking care of tax matters (bookkeeping, preparation of tax returns etc.)

• distributions, transformations and mergers

• distribution of estates

• corporate valuations

• valuation of shareholdings

• law governing the names of companies and partnerships,

• commercial law and law on competition

• EC law

• international sales law

• establishing and forming joint ventures

Since 1987 we have provided services relating to looking after, restructuring and reorganizing businesses in Germany which are either already insolvent or facing insolvency. We are specialized in the fields of examining cases of insolvency and representing boards of management and managing directors in bankruptcy proceedings. The specialist services which we offer cover establishment of insolvency, averting claims for damages and criminal proceedings as well as pursuing claims asserted by companies and individuals that have suffered losses against those in positions of responsibilty in allegedly insolvent enterprises. A special focus of our work in this field is embezzlement and misappropriation on the part of managing director-shareholders in connection with the formation of rescue companies or new businesses for the sole purpose of carrying on the insolvent business without safeguarding the interests of creditors who have incurred losses.

We also pursue claims abroad, thus ensuring that civil claims are asserted.

On behalf of our clients we act as liquidator in the case of allegedly insolvent enterprises in order to ascertain and safeguard rights of recourse. In this way we are able to ensure that industrial businesses have recourse to their own suppliers insurance, which, at least under German law, only intervenes if it was possible to serve a petition for insolvency on the debtor in question.

In the field of fiscal law we offer a full service for both corporate and private clients. We have a variety of data processing programmes at our disposal, e.g. the DATEV system, making it possible for us to provide solutions in all matters relating to Germany or Italy.
Our services here include

• accounting (bookkeeping) and preparing annual financial statementspreparing and handing in tax returns

• checking notices of tax assessment

• dealing with matters relating to fiscal offences law

• and administrative law

• tax planning abroad, devising tax strategies and

• providing opinions on such matters

• as well as

• giving written opinions

• providing advice on forms of business organization

• drafting contracts, e.g. in the cases of succession

• by inheritance

• providing assistance reagrding international tax

• matters

• representing clients in dealings with revenue

• authorities and fiscal courts

By international fiscal law we understand providing services in connection with cross-border fiscal matters. Our day-to-day work has enabled us to gain experience in dealings with the United States, Germany, Norway, Italy, Greece and Spain. A special focus of the services we offer is capital investment tax business and real estate business.

Following the process of returning the state-owned agricultural sector of the GDR to private ownership - a process in which we played an active role - our law firm has been able to specialize in the field of providing services for agricultural units and institutions. Our principal clients in this field are small and medium-sized agricultural units and cooperatives in the Federal state of Brandenburg as well as GDR farmers who ventured a move to the private sector after 1990.

Our services in the field of criminal and procedural law are an expression of the work we do in daily practice and also reflect those regrettable legal developments and processes of social change. Our main focus is increasingly on the various aspects of building law, providing services in connection with projects to build major plants, with disputes in the field of corporate and partnership law, with fiscal offences and insolvency law, in particular providing services for businesses whose debtors have become insolvent.

We have first-hand practical experience of arbitration in the fields of commercial law and corporate and partnership law. We refer clients seeking services in the field of maritime law to our cooperation partners in Athens, Antwerp, Paris, Hamburg and Rotterdam, who are able to provide services in this international field at any time.

We work with experienced certified accountants in this field. Our role of assessing complex questions while audits are being carried out is a growing one. Here, we are frequently asked to review profitability calculations, feasibility studies and prospectuses for marketing capital investments.

By this we understand making valuations of enterprises, planning and evaluating the acquisition or sale of shares, providing advisory services with regard to companies planning to go public, investment analyses, cost-performance analyses, value analyses, comparisons of business units.
Analysing planning by individuals setting up their own business and providing them with relevant services is also part of our work in this field.
We are able to be of assistance in the search for suitable successors or new managers and boards of management. We are often asked by international companies to help them find an enterprise to act as their local representative.

The services we provide here relate, on the one hand, to the formation of enterprises and to individuals setting up their own business. On the other hand, we also provide services for enterprises in need of reorganization or facing insolvency. Of growing importance is consultancy in the field of foreign investment, i.e. provision of assistance in finding the right partner, devising investment schemes and guiding projects in Germany and abroad. Our interests here focus on devising, financing, organizing and operating infrastructure projects (BOT - build-operate-transfer).

Information systems, communications technology, strategic use of information technology, data-processing security, analyses of organizational structures, business concepts, organization of administrative systems, cash management systems, materials management, personnel.

We draw up actuarial reports, calculate costs of and make comparative analyses of pension systems, provide advisory services in the setting up of pension funds and review the need to adjust pensions.
We are also able to provide these services based on American, Italian or Greek law.

For Trempel & Associates management of condominiums and providing services for housing associations is part of its general work of managing property. This field of work covers services in connection with disputes with owners of condominiums and/or averting such disputes, advisory services on matters of private landlord and tenant law and commercial leases, consultancy services for enterprises in the public and private housing sectors, in particular building contractors, property management companies, real estate agents and communities of condominium owners in the new Federal states and abroad.
The services we provided here do not constitute asset management in the sense of the banking law but are to be understood as management of the private property of condominium owners, of individual apartment buildings as well as of commercial buildings and include tax consultancy, drawing up clear and understandable budgets, statements of joint and/or individual accounts as well as statements of management accounts, management of condominiums.

Managing of condominiums as part of administration of personal property includes, in addition to advisory services regarding financial and tax matters, endeavours to avoid conflicts. We consider it important to keep potential points of conflict to a minimum before a dispute can escalate.

Holding regular meetings of condominium owners and special meetings, in this connection discussions, consultations and personal contact with the advisory council are just as important as regular on-site inspections of the property and making prognoses on its potential.

Administration of blocks of apartments comprises, in addition to concluding and handling tenancy agreements, monitoring payment transactions,

• ensuring that statements of management costs and

• heating costs are prepared and settled at the right times

• processing and organizing maintenance work, e.g.

• obtaining estimates, obtaining agreement of owners

• commissioning specialist companies

• auditing accounts

• ensuring that rent increases are made at the correct time

• monitoring court rulings and ensuring that these are implemented in the owner's interest

• valuing real estate for the purpose of its sale.

Trempel & Associates see the following as being special aspects of business and management consultancy: obtaining

• EC funding

• investment subsidies

• Federal subsidies, grants etc.

• investments in Germany

Public funding from the European or German budget is discussed and included as part of the services we offer foreign companies and their branch establishments in Germany.

Following the opening of the border in Berlin on 9th November 1989, the partners of Trempel & Associates played an active role in shaping and guiding the process of conversion, recontruction and privatization in the new Federal states. Before the end of November 1989 the foundations for the establishment of one of the first business consultancy companies had been laid; its purpose was to achieve adaptation to the changed conditions in the east of Germany as quickly as possible.

We were able to gain practical experience in the deconcentration and privatization of the chemical and power-supply industries as well of the housing sector. We were also able to help to guide the process of reforming the agricultural system.

The range of services we are able to provide also includes averting and implementing property claims as well as privatization, renegotiation of privatization agreements and contract controlling.

We give expert opinions on the following

- real property values,
- shareholdings in limited companies and partnerships

as well as for the purpose of establishing claims to the surplus upon termination of the statutory property regime.

• acting as trustees and liquidators

• administering property

• executing wills

• client bookeeping services

• salary accounting

• balance-sheet accounting services

• seminars for clients and businesses

• procuring information abroad

• examining credit ratings

• forming subsidiaries abroad from tax points of view

The complexity of modern consultancy services requires constant development of information networks on the part of those who provide such services. It is only in this way that the growing needs of clients for information on the one hand and pursuit of claims on the other can be met.

In our day to day work in Europe we have cooperated with partners for many years.

Our international network and service is represented by our project sites such as:

• Indiaproject

• Chinaproject

• Thailandproject

• Turkeyproject

• Russiaproject

• Firstlaw among others (under construction)

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Lawyers & Certified Tax Lawyer`s

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• Rechtsberatung

• Arbeitsrecht

• Steuerrecht

• Zivilrecht

• Wirtschaftsrecht

• Mietrecht

• Strafrecht

• Wettbewerbsrecht

• Baurecht

• Handelsrecht

• Erbrecht

• u.v.m.

telefonisch unter: 030-2124860
oder 01723116595.
E-Mail: info@trempel.de