Support in general civil law matters::
- Legal advice
- Contracts
- Donations
- Easements and servitudes
- Use rules
- Assertion of claims based on
- contracts/agreements
- damages
- warranty
- interests of neighbours
- etc.
Advice on matters of Austrian and Spanish civil law and in international matters (private international law)
Representation before Austrian and Spanish courts, as well as before European and international courts of law
Advising and supporting businesses (their founders) on a national and international level
- Drafting of business agreements, including acquisitions (asset deals, share deals) and takeovers (M&A, MBO, etc.)
- Foundation of business entities
- Restructurings
- Assumption of trusteeships/formation of trusts
- Drafting of financing agreements (crowd funding agreements, etc.)
- Drafting of framework or master agreements, supply agreements, consultancy agreements, cooperation agreements, etc.
- Drafting of distribution agreements (agency agreements, dealership agreements, franchise agreements, etc.)
Drafting of general terms and conditions (GTC), terms and conditions of delivery, terms and conditions of purchase, terms and conditions of sale, etc.
Representation in legal and other proceedings to enforce contractual claims
Advice and support regarding decisions to be taken before and after commencement of business activities
- Foundation of partnerships and companies
- Offene Gesellschaften [general partnerships] – OG
- Kommanditgesellschaften [limited partnerships] – KG
- Gesellschaften mit beschränkter Haftung [limited liability companies] – GmbH
- Aktiengesellschaften [stock corporations] – AG
- Subsequent structuring, including
- corporate restructuring measures, such as mergers, spin-offs and transformations
- Formation of private foundations
- Establishing associations
- Establishing joint ventures (JV)
- Assuming offices on corporate bodies, trusteeships, etc.
Overall coordination and collaboration with external consultants (tax advisors, chartered accountants, auditors, management consultants, financiers, banks, etc.)
Support and overall coordination when establishing partnerships/companies within and outside the EU and in the United Arab Emirates.
Representation in legal and other proceedings in the case of disputes between partners or shareholders, in Business Register matters, etc.
Drafting and review of any type of employment agreements (including employment contracts for managing directors, secondment agreements, assignment agreements, etc.) for employees and employers.
Safeguarding of employees’ or employers’ rights and enforcing or defending such rights in court.
Drafting of pre-marital agreements, representation in divorce by consent and contentious divorce cases, division of assets, maintenance law, visiting rights and custody cases, international divorce law, international child custody law, division of assets after cohabitation.
- Drafting of statements or agreements under inheritance law (e.g. last will and testament, legacy, waiver of inheritance, donation agreements mortis causa, heirs’ agreements)
- Advice on general inheritance law matters, the right to a compulsory portion of the estate, compulsory portion of a donation, etc.
- Representation of heirs, persons entitled to a compulsory portion of the estate, legatees, etc. in probate proceedings
- Representation in contentious and non-contentious legal proceedings (regarding title to an inheritance, distribution of an estate, augmentation of compulsory portions, etc.)
- Assumption of trusteeships (acting as a court-appointed trustee of the estate [Verlassenschaftskurator]; representing the interests of minors instead of the legal representative in the case of conflicts of interest [Kollisionskurator])
- Registrations in the Register of Last Wills and Testaments
- International law of succession
Advice and support regarding
- tenancy/lease agreements under the Austrian Tenancy Act [Mietrechtsgesetz/MRG]
- Drafting of tenancy/lease agreements – either fully or partially governed by the MRG
- Amount of rent, compensation for tenant improvements
- Adjustment of rent as defined in Section 12a MRG
- Condominium contracts under the Austrian Statute on Condominium Ownership [Wohnungseigentumsgesetz/WEG]
- Legal review of use value appraisals
- Coordination and collaboration with external consultants (civil engineers, architects, etc.) in connection with the preparation or review of use value appraisals
- Drafting of or amendments to condominium contracts
- Establishing of condominium ownership
- Representation in conflicts among condominium owners
- Drafting and advice on matters in connection with tenancy/lease rights regarding property that is not subject to the MRG or the WEG.
- Single-family houses
- Holiday houses
- Leasehold for agricultural purposes
- Sports facilities
Representation in out of court proceedings (including before public authorities and/or conciliation boards) vis-à-vis tenants, landlords, condominium owners
Representation in contentious and non-contentious legal proceedings (e.g. maintenance measures under the MRG, contesting decisions under the WEG, actions for payment of rent, actions for eviction, etc.)
Advice and support in connection with the purchase or acquisition, donation or sale of real property and building projects
- Drafting and review of condominium purchase contracts, real property purchase contracts (plot of land, single-family house, block of flats, etc.), real property donation contracts
- Drafting of construction contracts and developer contracts under the Austrian Statute on Developer Contracts [BTVG]
- Acting as a trustee under the BTVG
- Assumption of trusteeships vis-à-vis banks and financiers (financing trusteeship, trusteeship to render the property free from encumbrances)
- Self-calculation of land acquisition tax, registration fee and real estate income tax
- Registration of contracts in the Land Register
- Registration of title in the Land Register
- Registration of liens in the Land Register
- Registration of other rights (usufruct right, right to use the house or flat for residential purposes, prohibition to sell or encumber real property, etc.)
All trusteeships assumed by Austrian lawyers of sdh Rechtsanwälte will be processed in accordance with the provisions of the Lawyers’ Electronic Trusteeship Register of the Vienna Bar Association (see Charter of the Trusteeship Register)
Advice and support
- Trademark law
- Pre-registration research on trademarks (e.g. when developing a new logo, CI, etc.)
- Application for registration of trademarks (national trademarks, European Union trademarks (formerly Community trademarks of the EU), international trademarks)
- Drafting of contracts (trademark transfer agreements, licence agreements, use agreements, etc.) – nationally and internationally
- Monitoring of registered trademarks
- Representation in legal and other proceedings (protection of registered trademarks, enforcement or defence of claims under trademark law, etc.)
- IT law/Telecommunications law
- national and international legal framework (Telecommunications Act, etc.)
- Drafting of contracts (service contracts or service level agreements, use agreements, cooperation agreements, etc.)
- Data protection
- Advertising and promotion
- Representation before public authorities (Austrian Regulatory Authority for Broadcasting and Telecommunications (RTR), Telekom Control Commission (TKK), telecommunications authorities, etc.)
- Copyright law, proprietary rights, software law
- Drafting of contracts (licence agreements, use agreements, etc.) – nationally and internationally
- Representation in legal and other proceedings (enforcement of copyrights, defence of alleged copyright infringements)
- Unfair trade practices
- Review and assessment with a view to unfair trade practices
- Representation in legal and other proceedings (enforcement, defence)
- Drafting and review of any type of date protection agreements (including data processing agreements)
- Advice and support regarding the General Data Protection Regulation (Directive 95/46/EC)
- Safeguarding of data subject rights as well as controller or processor rights and enforcing or defending such rights
Advice and support
- Criminal law
- Representation before the public prosecutor
- Representation before criminal courts
- Appeals
Administrative offence proceedings
- Representation before public authorities
- Appeals
- Appeals to the Austrian Supreme Administrative Court [VwGH] and to the Austrian Supreme Constitutional Court [VfGH]
Advice and support in the following matters (specialities of the different lawyers)
- Private international law
- Consumer law
- Online purchase
- Travel and tourism law
- Cancellation rights
- Internet law
- Duty to provide legal information
- Liability
- E-Commerce
- Duty to provide legal information
- Requirements
- Insurance law – insurance contract law
- Scope of services
- Release of the insurer from liability
- Broker’s/agent’s liability
- Alternative payment transactions – recent legal developments
- Smart contracts
- Bitcoin
- Block chain
- Trade law
- Application for registration of a trade
- Appointment of managing directors
- Leniency
- Plant permits
- Law concerning the interests of neighbours
- Insolvency law
- Reorganisation
- Debt settlement proceedings
- Skim-off proceedings
- Representation of insolvent persons or entities
- Medical law
- Physician’s liability
- Malpractice
- Sports law
- Organisation
- Athletes’ contracts
- Sponsoring agreements
- Liability
- Standardisation law
- CE mark
- Liability
- Banking and credit law
- Consumer protection
- Investor protection
- Foreign exchange/speculative transactions
- Transport law
- Requirements
- Insurance
- International treaties
- Forestry, hunting law and the law concerning weapons
- Proceedings before public authorities
- Aviation law
- Registrations
- Purchase contracts
- Pledges/attachments
- Damages
Representation before international courts of law (Strasbourg, Luxembourg) Austrian and international arbitration