Partnership


Philosophy

The partners of Wicker Schütz bring together years of legal advice on real estate and M&A transactions with the experience of an established Frankfurt notaries’ office. Wicker Schütz focusses exclusively on real estate and corporate law. The thematic focal areas are real estate transactions as well as company acquisitions (M&A), particularly in an international context. In our daily work, we focus on the notarisation and execution of real estate sale contracts as well as providing support to small, medium and large enterprises in all procedures that require notarial services. Our notaries are trained in an international environment and provide notarisations in both the German and the English language. The office is located in Bockenheimer Landstrasse in the heart of Frankfurt.

Notaries


Professionals

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    Dr. Christian Wicker, LL.M.

    Lawyer and civil law notary
    JUDr. (Johann Amos Comenius-University, Bratislava)
    LL.M. (University of Durham)

    Christian Wicker was admitted to the bar in 2005 and was licensed as a civil law notary in Frankfurt am Main in Frankfurt am Main in 2011.

    Christian Wicker specialises in notarial services in real estate and corporate law. He speaks German and English.

    E-Mail to Christian Wicker

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    Dr. Bernhard Schütz

    Lawyer and civil law notary

    Dr. iur. (Johann Wolfgang Goethe-Universität, Frankfurt am Main)

    Bernhard Schütz was admitted to the bar in 2004 and licensed as a civil law notary in Frankfurt am Main in 2011. Prior to his appointment as a civil-law notary, he practised as a lawyer at one of the “magic circle” law firms in the field of corporate law / M&A transactions for several years.

    Bernhard Schütz specialises in notarial services in corporate law, including M&A, as well as real estate law. He speaks German and English .

     

    E-Mail to Bernhard Schütz

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Expertise


Real Estate

Whether preparing and notarising sale and purchase agreements relating to houses, plots of land or apartments, real estate transfers to another person (anticipated succession), divestiture agreements or developer contracts – our notaries have a wealth of experience in real estate law. Alongside the notarial advisory services for the granting and cancelling of hereditary building rights, land charges, easements and any other encumbrances, Wicker Schütz is regularly involved in the certification and execution of real property transactions of all sizes.

Corporate

Our notaries have particular expertise in the area of corporate and company law – as a focus of our advisory services. Wicker Schütz accompanies small, medium and large companies in all procedures that require notarial services, particularly the certification of share purchase contracts and share pledge agreements, measures under the Reorganisation of Companies Act (e.g. mergers, divisions, changes of form), enterprise agreements (e.g. domination and profit and loss pooling agreements) as well as articles, increases in capital, appointments and removals of authorised representatives, board and supervisory board members and managing directors / chief executive officers as well as the liquidation of companies of any legal form. The firm's notaries also assist their clients in the preparation and the filing of commercial register applications of all kind.

Service


Notarisation / Certification

Form requirements

Legal statements do not require a particular form, such that oral or even silent statements can have validity. However, for certain types of statement, often those with a particular legal relevance, the law does prescribe some requirements. In such cases, only the correct form of legal statement is binding.

Certification

Through the public certification of a signature, it is officially certified that the signature belongs to the designated signatory – that means either executed by him or personally recognised by him. Certification of signature is required for registration in the land registry office as well as for all registrations in the commercial registry. Once the notary has certified the signature or a copy of the signature, the conformance of the copy with the original is confirmed.

Notarisation

According to German Law, notarisation is the strictest requirement as regards form. To meet this requirement, the statements of the parties will be noted down in a protocol by the notary, read to all parties, approved by them and finally filed with a signed authorisation by the notary. Purchase contracts for apartments or properties and purchase contracts for shares in limited liability companies need a notarial certification.

House purchase/apartment purchase/real estate purchase/ land purchase

Buying real estate, whether this is a plot of land, a house or an apartment, commonly is the first (and often the only) reason to contact a notary. The notary has the responsibility of ascertaining the intentions of the parties to the purchase and is the contact person for all questions related to the contact and its practical execution. Unlike a lawyer, the notary neutrally represents the law, rather than the interests of any particular party.

House sale/apartment sale/real estate sale/land sale

If you are selling real estate, it is advisable to involve a notary at the beginning of the selling process. The notary checks the entry in the land register, in particular encumbrances which have to be considered during the drafting and execution of the purchase contract. If mortgages are to be paid off from the funds from the sale, the notary will provide objective advice related to the safe execution of the purchase and will arrange the relevant written communication with the lending financial institution after certification/registration.

Formation of a company or a limited company

In most cases, the registration of the company in the commercial register is one of the legal pre-requisites to establishing a company. The notary provides advice for the preparation of the registration form, certifies the signatures of the people registering and executes the registration at the commercial register. The most common form of creating a company in Germany is the establishment of a limited liability company (GmbH). The execution of the establishment process, through the registration of a limited liability company in the commercial register, creates an independent legal person, whose asset relationships are completely separate from those of their shareholders. Different to the partnership under the civil code or a general partnership, the shareholders of a limited liability company are not personally liable for the liabilities of the limited liability company.

Share purchase and transfer agreements / share purchase contract / company purchase (M&A)

The sale and transfer of shares in a limited liability company require notarial certification to come into effect. According to the legal practice of the Federal Court of Justice the requirement for notarisation applies not only to the agreements which lead directly to the sale and assignment of the shares of the company, but also to all other material agreements related to the intentions of the parties to the contract. During the process of purchasing a company or transferring shares in a limited liability company, the notary therefore has to take particular care to determine which agreements between the parties require certification. Alongside the preparation and notarisation of the purchase contract, the notary also has to create an updated list of shareholders. After the transfer of the share has come into effect, the notary forwards it electronically to the commercial register, after which the share purchase is considered legally completed.

Commercial Register / Commercial Register Applications

Commencing with its establishment, the running of a business requires the filing of certain facts and matters for registration with the commercial register, such as the change of the business name, the relocation of the corporate seat or change of address, amendments of the articles of association, measures pursuant to the German Transformation Act (Umwandlungsgesetz), the appointment and the dismissal of managing directors, executive board members and holders of a registered power of attorney (Prokuristen), the accession and leave of partners of a limited partnership (Kommanditgesellschaft - KG) or a general partnership (offene Handelsgesellschaft - oHG) as well as the dissolution (Liquidation) and termination of businesses of trade companies (Handelsgesellschaften) and registered merchants (eingetragener Kaufmann / eingetragene Kauffrau).

Contact


Wicker Schütz

Bockenheimer Landstraße 13-15
60325 Frankfurt am Main
Germany
phone +49 (0)69 / 94 54 83 – 0
fax +49 (0)69 / 94 54 83 – 300
e-mail: info[at]wicker-schuetz.de

How to find us