The economic activities of the public authorities, particularly those of municipalities and districts, are not only relevant from the aspect of earning revenues for the budget. The economic activities are much more an expression and outflow of municipal self-administration. This applies regardless of whether public or private legal forms are selected.
We advise and represent municipalities, districts, owner-operated companies and corporations on the legal form of private law with public participation on all questions of municipal commercial law. This particularly affects the requirements and limits which can be set by municipal codes or municipal constitutions of commercial activities of public authorities and includes the planning and formulation of required contracts (e.g. corporate contracts, employment contracts, consortium agreements, profit transfer agreements) for the establishment of municipal companies and their integration in the municipal group structure.
We additionally advise and represent municipal employers on the new regulation of the shareholding structure in matters of privatisation, for example, but also re-municipalisation, the integration of holding companies, the takeover of holdings of private shareholders in municipal holding companies, transformations, mergers, etc., and the outsourcing of assets.
Moreover, we help our clients with the organisation and solution of doubtful cases and disputes which result from the conflict situation regarding the rights and obligations of municipal representative bodies on the one hand and corporate bodies (shareholder meeting, managing director, supervisory board) on the other hand.
Drafting of articles of association, particularly with regard to securing municipal influence
Privatisation and re-municipalisation
Reorganisation of the shareholding structure (municipal trusts)
Rights and obligations of institutions including executive liability, supervisory board
Training of municipal supervisory boards (§ 98 Para. 4 SächsGemO)
Employment contracts for managing directors