As the head of a stock corporation, you work in a network of strong and highly complex legal relationships. From appointment to contractual conditions and remuneration – share-based forms of remuneration and long-term incentives in particular – to compatibility requirements of the DCGK [German Corporate Governance Code] and compliance and liability risks and their avoidance or reduction, to terminating the executive board mandate and the consequences involved: this is one area in which highly professional support is indispensable.
Services by fringspartners:
Support during the negotiation phase
Drafting and reviewing managing-board employment agreements and appointment decisions from the standpoint of stock corporation law
Identifying, hedging and avoiding liability risks
Defending against liability claims on the part of the company and third parties (esp. shareholders, creditors, investors)
Advice on relationships with the supervisory board, fellow management board members, shareholders and other stakeholders
Resolving PR and reputational questions
Support during compliance and forensic-audit investigations
Advice during IPO, delisting, change of control and management buy-outs
Remuneration arrangements and adjustments including DCGK and IVV requirements
Review and design of retirement pensions and pension commitments
Review of stock-option and compensation plans, LTIP, STIP
Design of management shareholding, particularly in the case of private equity and start-ups
Defence against non-competition clauses or enforcement of claims for a waiting allowance
Advice on termination of contract including dismissal or resignation