Practice in the Following Fields:


Business Law/ Law on Contracts for Works and Services

As diverse as your business life is also the design of its regulatory environment. The field of business law is characterized by a number of special types of contracts which may include turnover rent and other forms of real estate leases, commercial agent and distribution agreements, franchise agreements, and other contracts regarding domestic and international services, work and labour. There may also arise conflicts between mutually interfering business, as this would be the case in competition law or in the neighbourly disturbances.

Other important fields of business law deal with the relationship to the client. In this context and apart from debt collection, the validity of general terms and condition may be in dispute upon receipt of a respective infringement letter.

Subject of business law can also be the relationship of the business with the institutions of the state, for example the grant or cancellation of a business license by the government.

Finally, in regard to the process of purchase, lease, sale or liquidation of a business the parties are well advised to be aware of the accompanying legal and tax implications.


Corporate Law/ Company Law

The choice for a specific legal organisation of a business should not solely depend on tax motivations. On the complex decision path one might also consider the kind of business and its exposure to liability, the profession of the founders, their respective functions in and contributions to the business, the founders’ intention to accept further partners, and the administrative efforts and the amount of red tape necessary to run the business.

The foundation of a GmbH for example generally serves as a shield of the founders against the liabilities incurred with the conduct of business simply because a GmbH is a separate legal entity.  However, for the same reason it is not possible for the founders to take some money out of the cash box in order to buy a lunch without adopting a formal dividend distribution resolution. Running a GmbH requires a double-entry book keeping and it involves the liability to municipal business income tax without the grant of tax exemptions.

Other issues of practical relevance in the field of GmbH law deal with the deposit and proper use of the nominal capital, the employment, liability and dismissal of the company director, the representation of minority partners, the forfeiture of a partnership share in order to squeeze a partner out, corporate finance with silent partnerships and the defense in insolveny offense accusations.


Tax Law

As a bar certified tax specialist lawyer Henning Haarhaus can assist you in the draft of tax returns, especially in regard to income from rent and leasen or inheritance and gift taxes. We assume your representation in objection proceedings at the fiscal office or in fiscal court proceedings concerning all kinds of tax questions, advise in procedural tax law matters such as ones liability for tax debts of a third party, taxes and divorce, the statute of limitation for tax assessments, tax collection issues. We also deal with VAT-questions, reports to the tax office of false or incomplete tax declarations, tax structuring, expatriation taxation and the taxation of property located abroad under German law.


Inheritance Law/ Successions

Our practice comprises the legal representation in inheritance estate planning matters of all kind in the national and international context, such as the enforcement of or the defense against claims arising of an inheritance, forced shares and executorships, the mediation between co-heirs to reach an amicable settlement, the equitation of advancements between siblings in the course of the distribution of the estate, the initiation of compulsory partitions by public auction proceedings, the filing of inheritance and gift tax returns and the enforcement of liability claims against civil notaries, executors or individuals possessing parts of the deceased`s assets under claim of title as an heir. Finally, we help structuring an estate in order to prevent family disputes and to optimise the tax situation.


Landlord Tenant/ Commercial Leasing/ Estate Agent Law

Contractual negotiations of leasing and tenancy agreements, claims on the grounds of a use contrary to the contract, modernisation, removal of fixtures, deposits, utilities statements, decorative repair clauses, contractual defects of form, inaccurate indications of the surface, rent increases, contract termination with and without notice and actions for eviction. Defense against claims for brokerage fee of estate agents. Enforcement of claims against property management companies.


Real Estate Law/ Residential Property Law/ Building Law

In addition to a claim under private law raised against a neighbour, I also take legal action on the grounds of public regulations against illegal building and operation permits or illegally constructed adjacent buildings. In this context, I file opposition proceedings at the building authorities and law suits for the grant of interim relief.
Respective cases are concerned with
  • Nonobersvance of the minimum required distance between buildings and structures and the front, side and rear property lines,
  • Break of the neighbourhood rule of consideration,
  • Excessions in regard to a permitted operation,
  • Incompatibility of the intended project in the specific local area as well as
  • Infringement of regulations regading the protection of adjoining owners against noise, air pollution or disturbancees arising of the exterior design.
I also support clients in the defense of decommissioning orders, interdictions of operation or even demolition orders.
In private law matters, I advise with respect to contractual arrangements on the purchase of real estate. I also take over mandates in the field of warranty, pursue claims against building  developers to provide information and surrender documentation on the construction and the involved sub-contractors, claims against contractors because of builing work defects and against civil notaries (for example, in regard to the lacking of withdrawal right clauses in land conveyance contracts between spouses in the event in divorce).
I also advise in matters of real estate transfer tax or the taxation of capital gains or losses.


Capital Investment Law/ Credit Law

As a trained banker and author of a book on investments abroad I am familiar with the banking business in Germany and abroad as well as with the respective terminology. Feel free to contact me if for instance you wish to cancel a long-term loan agreements, if you suffered damages owing to a miscounceling of an investment agent or if you wish to raise claims on the grounds of information contained in investemtn brochures. We also draft financing agreements such as for silent partnerships.