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Lawyer | Partner

Dr. Philipp Bollacher

My career

Biography

Dr. Philipp Bollacher studied law at the Universities of Tübingen and Berlin with a study visit to Chicago (Illinois, USA) and worked as a research assistant at the Chair of Professor Wernhard Möschel for Civil Law, Commercial and Business Law, European Law and Comparative Law at the University of Tübingen. He received a scholarship from the Landesgraduiertenförderung des Landes Baden-Württemberg and was awarded a doctorate in private international law by Professor Wernhard Möschel.

After his legal clerkship in Tübingen with a stay abroad in Sydney (Australia), he has been working as a lawyer since 2006; first in Frankfurt and then at reiserer biesinger in Heidelberg, where he was managing partner for the last 12 years.

Dr. Philipp Bollacher has been a specialist lawyer for commercial and corporate law since 2010, a lecturer at the University of Heidelberg, an external compliance officer, a member of the Scientific Association for Corporate and Company Law(VGR) and the German Association of Lawyers and Tax Advisors for Small and Medium-Sized Businesses(DASV). He is active throughout Germany as a speaker, trainer and coach in advanced training courses on business law.
Since 2023, he has been a "Certified Consultant on Business Law for Medium-Sized Companies"(DASV e.V.).

Dr. Philipp Bollacher is co-founder of PBC legal.

Knowledge

Legal fields

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Corporate law
Our advice in corporate law includes, inter alia, the formation of all common types of companies (GmbH, UG (haftungsbeschränkt), Aktiengesellschaft, OHG, GmbH und Co. KG, SE), the drafting of all formation documents (e.g. articles of association/articles of incorporation, bylaws, service agreement managing director/board of directors), acquisition/disposal of participations and companies (mergers&Acquisitions), assistance in shareholder changes, restructuring, conflict resolution (out of court and in court as well as in arbitration proceedings) in case of disputes of shareholders or managing directors and liquidation of companies.
COMMERCIAL AND DISTRIBUTION LAW
In commercial law, we advise companies in their day-to-day operations on all issues of legal relevance. It is not uncommon for us to assume the function of an external legal department and to be the direct contact for purchasing and sales. In doing so, we provide support in questions of contract drafting, in the examination, evaluation and avoidance of legal and commercial risks and, of course, also in the defense or enforcement of rights and claims. Through our international network, we are also able to provide targeted and comprehensive advice on cross-border issues.

In the field of distribution law, we advise companies on the establishment and optimization of distribution structures and provide support in the restructuring, expansion and new construction of distribution and sales channels, both offline and online (e-commerce).
In addition to the common distribution systems (commercial agents, franchises, licensees, specialized and authorized dealers, etc.), we focus in particular on distribution antitrust law and the restrictions there.

MERGERS & ACQUISITIONS

We assist our clients in the context of national and international acquisitions and mergers. We offer legal and technical support in upstream due diligences, handling of the mostly virtual data rooms as well as negotiation and conclusion of all necessary contracts, such as letters of intent, non-disclosure agreements, purchase agreements, participation agreements. Together with tax advisors, auditors and foreign law firms from our network or the environment of our clients, we offer legal support
from the idea to the completion.

CORPORATE COMPLIANCE

We advise companies and company management on corporate compliance with the aim of achieving and maintaining a corporate organization that meets the plethora of legal and other requirements. After a joint analysis of, for example, the areas of product liability, know-how/trade secrets, governance, contract management, antitrust law, corruption prevention, AGG regulations and data protection, we develop or optimize compliance structures, including whistleblower systems and whistleblowing. In addition, we act as external compliance contacts.

INDUSTRIAL PROPERTY RIGHTS

In more and more sectors of the economy, intellectual property is the basis of corporate success. The protection of intellectual property is therefore of fundamental importance. Our advice in intellectual property law covers the entire field of intellectual property (trademark, patent, utility model, design and competition law). In particular, we support our clients in the establishment and protection as well as the exploitation and enforcement of intangible property rights.

REAL ESTATE LAW AND COMMERCIAL TENANCY LAW

We advise our clients in all matters relating to real estate. In particular, we provide support in the construction, acquisition and sale of real estate, real estate management and real estate leasing.
Our range of consulting services is aimed at clients with large real estate portfolios as well as clients with individual properties.
Our activities in the field of real estate acquisition include assisting in contract negotiations, conducting due diligence and drafting contracts.
In the field of commercial tenancy law, we review and draft tailor-made commercial tenancy agreements, in particular taking into account increasingly far-reaching legal restrictions on form tenancy agreements, and provide support in contract negotiations, terminations or questions in the case of ongoing tenancy, such as maintenance, defect rights, operating cost accounting, structural measures or protection against competition.

CORPORATE & ASSET SUCCESSION
Handing over a company or assets to the next generation is a special challenge. Success is measured not only in terms of key economic figures, but also in terms of whether family peace is established. And the succession plan is sometimes complex and consists of various documents. It should also be planned as early as possible.
We offer contingency plans that can be implemented immediately, and we work with our clients to develop succession solutions and draw up wills, inheritance contracts, prenuptial agreements, gift contracts and partnership agreements, including the formation of family, pool or holding companies.
CONTRACT DESIGN

Contracts are our trade. Our contract drafting (also international and multilingual) covers, among other things, contracts under company law, such as articles of association, rules of procedure for the board of directors/management, company contracts, investment contracts, investor contracts, purchase and assignment contracts for investments, framework contracts for purchasing and purchasing conditions (GTC), framework contracts for sales and sales conditions (GTC), contracts for the protection of confidential information and business secrets (non-disclosure agreements), commercial rental and lease contracts for premises, equipment, facilities and operations.

STARTUPS

The promotion of start-ups is a matter of concern to us. Our legal advice includes, among other things, the initial consultation of those wishing to found a company, reviewing/consulting on business plans and pitches, founding all common types of companies (GmbH, UG (haftungsbeschränkt), Aktiengesellschaft, OHG, GmbH und Co. KG), investment contracts, investor contracts, consulting/designing/negotiating financing rounds and investor meetings, drafting all common operational contracts, selling investments and companies.
We cooperate with Heidelberg Startup Partners e.V.
. We also see ourselves as advisors, coaches and business partners.

Publications

Publications

Books

Labor Law of Restructuring, ed. Gaul, 2nd edition 2022, Merger, Demerger and Other Forms of Transfer of Assets (Part 1, § 3) and Legal Consequences of Transfer of Business and Transformation for Managing Directors and Board Members (Part 5, § 14).

Private International Law, Copyright and Internet, Dissertation 2005

Professional articles

Plötzlich Unternehmer - Der Beirat als effiziente Unterstützung der Geschäftsführung, DStR 2019, 2321 (with Florian Christ).

The conversion of the German AG into the European SE with a monistic management system using the example of a company without a works council, DStR 2018, Part I p. 1185/issue 23/18, 'Part II p. 1236/issue 24/18.

On cross-border transformations of companies, comment on the decision of the ECJ of 12.07.2012 (C-378/10), DB 2012, 1614 and RIW 2012, 717.

Comment on the decision of the BGH of 25.11.2010 (VII ZB 120/09), RIW 2011, 158 (with Dr. Simone Evke de Groot)

GmbH Articles of Association - Admissibility and Implementation of the Resignation - Non-Compete Clause, BB 2010, 466

No "GmbH & Co." with the UG (limited liability company), BB 2010, 20

Draft bill on the regulation of international company law, RIW 2008, 205

Get in Touch

Contact

E-mail

bollacher@pbc-legal.de