Dr. Menso Engelmann

Optimal financing is the key to any corporate success. FPS advises companies on all legal and tax-related aspects of financing their business, especially in connection with capital endowment and maintenance, investment financing and M&A transactions. We also advise institutional investors and banks on all matters concerning corporate financing, particularly in relation to mezzanines, capital increases, bonds and traditional loans. In addition, we provide comprehensive legal support in matters relating to group and acquisition financing, the analysis and optimisation of the collateral situation and the drafting of controlling and profit transfer agreements.

Successful transactions require careful planning and structuring, both in terms of content and time. Our M&A experts not only perform due diligence and draft the contract, but also handle the subsequent contract negotiations and manage the project in the post-closing phase.

We advise domestic and foreign companies on both the buyer and seller side on M&A projects, private equity and venture capital transactions, management buy-ins and buyouts and corporate cooperation projects (joint ventures). Here, we draft and negotiate confidentiality and exclusivity agreements (letters of intent) as well as contracts covering company acquisitions and investment agreements.

In all M&A transactions, we establish a close and trusting working relationship with our clients’ auditors and tax consultants, determine how to optimally structure the transactions for tax purposes and ensure compliance with antitrust requirements.

Mergers and acquisitions are part of any commercial law firm’s standard repertoire. In exceptional situations, however, such as an economic crisis where there is considerable time pressure and many interests, special knowledge and experience are required. By adopting an economic and strategic perspective, we advise sellers and buyers in the context of corporate transactions in a crisis environment – in pre-insolvency share or asset deals, in reorganisation measures by transfer in the context of insolvency proceedings, or by way of an insolvency plan.