Lawyer for startups and venture capital in Berlin Germany
German law firm with specialized attorneys, certified specialists and tax advisors
Berlin is the startup capital of Germany and we are part of it! Our certified specialists, attorneys and tax advisors feel at home when advising technology-driven and disruptive founders, investors and companies - from startup to convertible loans and financing rounds to exit.
What our lawyers, certified specialists and tax advisors do for you in Berlin Germany
Our expertise for startups and investors in Germany
At ROSE & PARTNER, we are a team of specialists in the issues that concern investors and startups in Germany:
- German corporate law - from the formation to the drafting of articles of association to corporate disputes
- Financing - from convertible loans and capital increases to investment agreements
- Media, IT/IP and data protection - from trademark registration and DSGVO to SaaS, SLA
- German labor law - from employment contracts to employee profit-sharing agreements
- German commercial law - from general terms and conditions to distribution agreements
- Tax - from holding structures to company valuation
For a non-binding mandate inquiry, please contact one of our contacts directly by phone or e-mail or use our contact form at the bottom of this page.
What our certified specialists for german corporate law do for startups and investors in Germany
Our lawyers and certified specialists for german corporate law advise and support start-ups and investors in the following areas
- Company formations, from GbRs to GmbHs to stock corporations ("Kleine AG")
- Start-up financing (venture capital, growth capital) through equity capital, convertible loans, dormant partner's interests
- Financing rounds (seed, Series A, B, C, D), including drafting and negotiation of participation agreements / shareholder agreements
- Employee participation (employee stock ownership, management participation, real participation ESOP, virtual participation VSOP, vesting)
- Preparation and execution of exits
- Formation of investment vehicles
Our lawyers and certified specialists do not shy away from contentious disputes in startups and provide advice and support in the following cases
- Disputes in startups between founding shareholders and investors
- Disputes among founding shareholders
- Disputes among investors (lenders, venture capitalists, VC investors, growth capitalists)
- Enforcement and defense of claims arising from management contracts, investment agreements and participation agreements
- Complex shareholder resolutions and shareholder meetings
- Exclusion and termination of managing directors and shareholders
What our certified specialists for german employment law do for startups and investors in Germany
Our lawyers and certified specialists for german labor law advise and support start-ups and investors in Germany in the following areas
- Drafting, reviewing and terminating management contracts
- Drafting of employment contracts
- Conception and design of alternative employment relationships
- Advice on employee shareholdings, employee share ownership programs (investment company, ESOP, VSOP)
- Representation in the event of termination, actions for protection against dismissal, termination agreements/contracts
What our media, IT/IP and data protection lawyers do for startups and investors in Germany
Our lawyers and certified specialists advise and assist german startups and investors on
- Protection of IP, trade secrets and know-how, including non-disclosure agreements NDAs
- Trademarks, design, licenses and industrial property rights
- Data protection compliant design of all business transactions (especially DSGVO)
- Outsourcing and digitalization, especially Software as a Service (SaaS) models
- Agile software development contracts, including care and maintenance contracts and service level agreements (SLA)
- German competition law, warning letters and defense against warning letters in cases of anti-competitive behavior
What our tax advisors and certified specialists for german tax law do for startups and investors in Germany
We advise and assist with
- Tax structuring of investment vehicles and holding companies
- Company valuation
- Optimization of taxation
- Cross-border tax issues
- Ongoing tax advice (accounting, annual financial statements)
What our certified specialists for german commercial law do for startups and investors in Germany
Our lawyers and certified specialists advise and assist startups and investors in Germany on
- Contracts of the operational business
- Supply contracts, general terms and conditions
- Distribution contracts, especially franchises, classic commercial agency contracts
FAQ lawyer for startups in Berlin
When do startups, founders and shareholders need a lawyer in Germany?
Startups, founders and shareholders in Germany should consult a lawyer at the latest (!) when expert advice is required:
- For contracts which, due to their complexity, cannot simply be "read down",
- When it comes to particularly serious decisions, e.g. when shareholders, new shareholders and investors join or leave the german company
- When agreements, contracts are used several times, e.g. employment contracts, employee participation or data protection declarations
- When the gut feeling says so
Our experience shows that often the way to a lawyer is shied away due to cost reasons. However, experience also shows that this usually becomes even more expensive.
Can legal fees be tax deductible in Germany?
Yes, under german tax law, a startup's legal fees are usually tax deductible as a business expense if the legal advice was provided in the "business interest". But shareholders can also usually deduct legal fees for tax purposes if they are related to their investment in Germany. Although the deduction cannot be made immediately, it can be made at the latest upon sale/exit. And an employee's legal fees are also deductible as income-related expenses if they are incurred in connection with a matter relating to german employment law.
How many lawyers for startups are there in Berlin Germany?
The Berlin Bar Association has approximately 14,500 members. Unfortunately, the statistics do not show how many of them also or exclusively handle mandates in german corporate law and in particular in the startup sector. However, the statistics do show that only less than 1 percent of the lawyers in the capital of Germany are allowed to call themselves certified specialists for german corporate law (more precisely, certified specialists for german commercial and corporate law). Many of these are likely to advise startups in Berlin, the startup capital. Note: The figures refer to 01.01.2021.
