Klimek.legal

Legal support in Austria / Liechtenstein / Switzerland

We represent the legal interest of our clients in the assertion of claims for damages and in the extrajudicial and judicial collection of claims. We not only conduct execution proceedings for our clients, but also represent them in insolvency proceedings as well as register our clients' claims.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) plays an important role in international trade law, where its rules are interpreted autonomously. This means that the CISG is interpreted independently of the meaning of the legal terms in individual national legal systems in order to ensure uniform application.

Thanks to our international knowledge and professional experience, we are able to optimally respond to our clients' needs and support them in the areas of debt collection, mediation and litigation, as well as in judicial debt enforcement.

Legal support in Austria

In Austria and Liechtenstein - unlike in countries like Germany or Poland - there is no requirement for a notarial deed for property purchase contracts. The buyer does not acquire ownership of the property at the time of signing the contract, but through registration (Einverleibung) of the right in the land register.

Due to the high level of security required by this significant difference, international clients are advised (we offer the following services to international clients) to contact our team for the following services:

• Drafting and appraisal of real estate purchase or donation agreements
• Fiduciary handling and complex execution of real estate transactions
• Representation before land registry courts (registration of ownership or lien in the land register, division of real estate)
• Preparation of a property legal opinion

We are happy to advise clients who are not EU citizens, and who are thus subject to a special permit requirement, on the purchase of real estate, and represent them before the land transfer authorities of the respective province in order to obtain a land transfer permit.

Throughout the process, our clients will be accompanied by our lawyer, who will act as trustee. The focus on security is our first concern and is monitored by the Vienna Bar Association. The trustee also represents the contracting parties before the land registry court and the tax office.

All transactions are carried out in close cooperation with the financing bank. Thanks to our regular cooperation with notaries, legal experts and translators, we are able to guarantee fair prices for all real estate related transactions.

Legal support in Austria / Liechtenstein / Switzerland

Dr Tomasz Klimek’s law office focuses on the careful and most expeditious handling of legal cases entrusted to us in the areas of:

• Representation in cases of application of the Convention on the Contract for the International Carriage of Goods by Road (CMR)
• Representation in cases of application of the Uniform Rules concerning the Contract of International Carriage of Goods by Rail (CIM)
• Representation of our clients (shippers, forwarders, carriers and insurance companies) in the assertion of claims for damages (including recourse claims) due to damage incurred during the fulfilment of transport orders.
• Legal advice and representation in the assertion of claims for damages for total or partial loss, for damage to the goods or exceeding the delivery time in cases of application of incoterms and the Austrian Freight Forwarders' Standard Terms and Conditions (AÖSp).

Legal support in Austria / Liechtenstein / Switzerland

We advise domestic and foreign companies seeking to establish or develop their own operations in Austria, Liechtenstein and Switzerland.

We will provide you with detailed information on conducting business activities in one of the neutral countries as well as on the conditions under trade law. We support you in setting up your business, registering your company (OG, KG, GmbH, AG, SE), your association or a private foundation.

We are happy to represent you before the notary public, company registry court, tax office and banks. During the formation of your company, we file the necessary documents and support our clients in acquiring essential permits and licences.

During the management of your business, we offer ongoing legal support. Our clients rely on our legal expertise and can thus ideally concentrate on their business.

The ongoing legal support includes:

• Legal advice on the formation of companies, societies, associations and private foundations in one of the neutral countries of Austria, Switzerland and Liechtenstein.
• Assumption of trusteeships in the event of the contribution of share capital as part of the company formation. If the requirements are met, we issue the corresponding confirmation in accordance with § 10 GmbHG, which is essential for the registration of the company in the commercial register.
• Representation in company restructurings as well as in the purchase and sale of GmbH shares
• Ongoing legal support for established companies

Legal support in Austria

Our services are aimed at both developers and construction companies (general contractors and subcontractors). We support our clients starting with the drafting or appraisal of the contract (also under the application of the legal ÖNormen B 2110) up to the acceptance of the construction and payment of the agreed price.

Our clients can rely on us in the event of material defects and defects of title, in the assertion of claims for damages, in the event of default in performance of the contract, e.g. in the event of partial or final invoices not being paid or not being paid in full. We are also at our clients' disposal in the event of disputes regarding the billing of additional work.

We offer our Austrian or international clients comprehensive legal advice and representation before banks and insurance companies in cases of improperly drawn bank or insurance guarantees and are happy to represent you in court construction litigation.

Legal support in Austria / Liechtenstein / Switzerland

The goal of most family entrepreneurs is to secure their success in such a way that future generations can also benefit, instead of sharing or consuming it after their death. For this reason, the legal solutions provided for in Austrian and Liechtenstein law are of great interest to entrepreneurs.

Austria, Liechtenstein and Switzerland as politically neutral states offer the necessary stability and security for cross-generational asset management. The Principality of Liechtenstein is characterized by a very attractive tax system.

Foundations play a special role here, for example, in the context of protecting one's own assets (asset protection), protecting data secrecy, simple administration of assets, ensuring smooth company succession. In the Principality of Liechtenstein, banking and business secrecy as well as the confidentiality of private foundation data are handled very strictly.

Our law firm successfully represents clients in the establishment, ongoing operation and liquidation of private foundations in both Austria and Liechtenstein. Please do not hesitate to contact us.