Thomas Poschenrieder, M.A.
Thomas Poschenrieder specializes in Corporate Law, Transactions and Succession, Assets, Foundation.
Thomas Poschenrieder specializes in Corporate Law, Transactions and Succession, Assets, Foundation. He advises companies, entrepreneurs and private individuals on all aspects of corporate law, on national and international corporate transactions as well as on the structuring and transfer of assets. A particular focus of his work is advising medium-sized and family-owned companies and their shareholders, venture capital investors and start-ups. He also advises and represents our clients in disputes under commercial law, corporate law and inheritance law as well as in disputes following corporate transactions. His activities also include the drafting of contracts under commercial law.
Work highlights
Corporate Law and Compliance:
- Advising and representing listed and non-listed companies as well as their board members and shareholders on corporate law, corporate liability law and compliance issues
- Advising several national and international corporations and groups of companies on contracts under corporate law
- Advising a stock corporation on the healing of a null and void capital increase
- Revision of articles of association of large medium-sized and family-owned companies
- Advising family lines of two large family-owned companies on the drafting of the articles of association of the holding companies
- Advising two co-determined and a large number of non-co-determined companies on corporate governance issues
- Advising a non-profit association on compliance issues
- Corporate law advice to various international clients on inbound transactions (formation of companies; amendments to articles of association; corporate housekeeping)
- Advising on liquidations of a stock corporation and several limited liability companies
Transactions:
- Advising a listed company in the context of a hostile takeover
- Advising a family holding company on the sale of the family business to a private equity investor under agreement of a substantial return participation
- Begleitung von Kauf und Verkauf einer Mehrzahl von Unternehmen und Unternehmensteilen im Wege von Share und Asset Deals einschließlich Due Diligence Prozesse
- Advising a strategic investor on joint investment with US private equity fund in insolvent hospital and establishment of medical care center
- Advising a turnaround investor on distressed M&A deal
- Assistance in the purchase and sale of a number of companies and parts of companies by way of share and asset deals including due diligence processes
- Preparation of a legal opinion for a listed Chinese company on company acquisitions of the last ten years with reference to Germany
- Advising a major shareholder on the conversion of a stock corporation into an SE
- Advising several national and international corporations and groups of companies on restructuring measures
- Advising a family office on restructuring
- Advising a large number of investors on equity and debt investments in companies and on drafting investor agreements
Succession, Assets, Foundation:
- Advising various start-up companies, private individuals and family offices on equity, mezzanine and debt investments in start-ups, secondary investments, management and employee shareholdings as well as on exits
- Advising two entrepreneurial families with three generations on the introduction or updating of family business governance
- Advising a high net worth individual on the structuring of a tax-advantaged housing company
- Advising two wealthy families on the establishment of real estate companies
- Advising entrepreneurs and entrepreneurial families on the structuring of the succession of their assets during their lifetime
- Drafting of pooling agreements to obtain inheritance tax benefits for business assets
- Revision of partnership agreements to obtain an advance inheritance tax deduction for family businesses
- Advice to individuals and spouses on succession planning (including drafting of prenuptial agreements)
- Advice to high net worth individuals on matrimonial property regimes
Commercial:
- Advice to members of two communities of heirs on inheritance settlement (including one with substantial foreign assets)
- Advice to heirs on the preparation of notarial estate inventories
- Advising an IT company in contract negotiations with DAX-listed company
- Drafting of a storage and distribution contract for an online trading company
- Ongoing advice to two start-up companies on contract law matters
Dispute Resolution:
- Advising an internationally operating commercial agent on commission claims
- Advising and representing an international group on appraisal proceedings following the conclusion of an inter-company agreement and after a squeeze-out
- Advising and representing in and out of court five national and international clients in post-M&A disputes
- Advice as well as judicial and extrajudicial representation of several shareholders and shareholder families in corporate disputes
- Advising and representing a client in court in a dispute concerning claims asserted in the course of the post-liquidation of a GmbH (limited liability company)
Education & Engagement
- TQM Assessor, EFQM Qualified Assessor
- Assessor of the Initiative Ludwig-Erhard Preis initiative(2020, 2022)
- Member of the German Association for Corporate Law - Wissenschaftliche Vereinigung für Unternehmens- und Gesellschaftsrecht (VGR) e.V.
- Member of the Münchner AnwaltVerein e.V.
- Member of the German Bar Association e.V.
- Member of the Inheritance Law Working Group of the German Bar Association e.V.
- Member of the Alumni and Support Association of the Faculty of Law of the Ludwig-Maximilians-University Munich e.V.
- Member of the Association of Friends and Alumni of the Max Planck Institute for Tax Law and Public Finance e.V
Education
- Law studies at the Ludwig-Maximilians-University (LMU) Munich (1st state examination)
- Studies of Greek and Latin Philology and Philosophy at the Ludwig-Maximilians-University (LMU) Munich and at the University of Oxford, St John's College (Magister Artium)
- Legal clerkship at the Higher Regional Court of Munich (2nd state examination)
- Assistant at the Ludwig-Maximilians-University (LMU) Munich (Prof. Dr. Hans-Georg Hermann) and at the Max-Planck-Institute for Tax Law and Public Finance (Prof. Dr. Dr. h.c. Wolfgang Schön)
- Scholarship holder of the scholarship system of the Free State of Bavaria
- Scholarship holder of the Maximilianeum Study Foundation
- Scholarship holder of the German National Academic Foundation
- Online scholarship from e-fellows.net
- Doctoral scholarship of the Max Planck Society
- Languages: German, English