KAMEN

sirakov

LEGAL AREAS & EXPERTISE

B2B – RECHTSANWALT – ATTORNEY AT LAW

 

LEGAL AREAS & EXPERTISE

1. coporate housekeeping

 

Corporate Housekeeping covers the vast area of primary corporate administration. Sounds perhaps boring, but it is of primary concern for your company or subsidiary’s development. 

 

Corporate Housekeeping is everything which enterprises must do and observe in order to keep up and comply with their corporate and trade law obligation. Kamen Sirakov supports enterprise founders, start-ups and SMEs and unburdens them of the day-to-day law compliance: 

 

  • Putting into place of managing directors, and removing them 

  • Installing supervisory board members 

  • Preparation of and conduct of general assemblies of stock  corporations and shareholder meetings of limited liability companies

  • Registrations of mandatory facts to the comerical register (setting up of a company, name changes, joint ventures, etc.)

  • Maintaining of the stock registers for stock corporations, as well as assisting in complying with trade law and trade licensing requirements

 

Kamen Sirakov accompanies his clients and releaves them of the boring part of a company’s daily life, thus, permitting the client to concentrate on the core business of the company without having to worry about the law. Equally, Kamen Sirakov provides advice regarding to or assumes altogether the communication with public authorities and appeals the decisions of the Administrative Courts of the Federal States and the Federal Administrative Court in front of the Constitutional Court and the Supreme Administrative Court.  

2. corporate restructuring, M&A

 

M & A within a group or as a method of corporate acquisition are a part of the core business for Kamen Sirakov since the beginning of his law career with the following emphasis: 

  • Consulting in the acquisition or sale of companies  

  • Strategic advice and organization of acquisitions outside of Austria (e.g. East Europe)

  • Guidance to managing directors and supervisory board members, especially in the area of managerial liability 

  • Consulting in cases of shareholder disputes

  • Planing and conducting restructuring projects (mergers, spin-offs, conversions of legal form, etc.)

  • Private Equity- und Venture Capital Transactions

  • Management Buy-out und Leveraged Buy-out Transactions

  • Matters of Compliance

 

Kamen Sirakov accompanies national and international investors through the acquisition, but also for example accompanies family run SMEs through the first exit of the founders. The advice covers the preparation of the exit, setting up of a data room and reaches to the setting up of the transaction documents and their negotiation.

 

Clients both on the buying and selling side are accompanied by Kamen Sirakov through the entire process. The choice of the right sales strategy is especially important for families without a clear succession. Our long years of experience permit us to accompany you with legal certainty.

3. capital markets & crowdfunding

 

The late night question whether an ad-hoc disclosure needs to be made, the last minute directors dealing disclosure, the conversation with the Financial Market Authority, the MTF-listing request, the capital increase and its conduct based on the Alternative Financing Act, the listing of bonds. Kamen Sirakov has seen it and accompanied his clients through this complex legal matter: 

 

  • IPOs and „Secondary Offerings“

  • Capital increases 

  • Private Placements

  • Listings and De-Listings

  • Corporate Bonds and high-interest subordinate loans

  • Convertible Bonds and Exchangeable Notes 

  • Stock Exchange and Capital Market Law

  • Compliance by issuers and banks

 

Does a business feel too small for the stock exchange or an MTF listing? Crowdfunding may be an interesting form of private placement. Kamen Sirakov accompanies his clients reliably through the negotiations with platforms and private investors. 

4. international trade & contract law

 

The plain vanilla sale or purchase contract (which despite seeming straight forward has your gut feeling revolting …), the international contract (full of mysterious terms …), national and international distribution agreements (full of perils and complicated details …), the agreement with the seemingly enthusiastic trade agent in India (who promises you the world…), the „exclusive“ sales representative, the authorized dealer (who won’t give up his own logo …) or the subcontractor of a large project, who is slumped with hundreds of pages of contract drafts. Kamen Sirakov has seen it all and guides his clients reliably through the often very complex matter:

 

  • Sales, Supply, Agency and Franchise Contracts

  • Structuring and re-structuring of Sales, Agency and Supplier networks  

  • Vetting of Agents, Dealers, Franchise Partners

  • Protection of intellectual property and know-how in distribution

  • Termination of Agents, Dealers, Franchise relationships and related settlement of claims

  • Dispute resolution in national courts and arbitration

 

The key to success in all this: understanding the „hidden Agenda of the other side“ which allows for achieving the optimal negotiation result. 

 

5. arbitration & internationale dispute resolution

What a relief? Finally, the large transnational company has bitten the bait and will cooperate or source from a start-up or SME. Far back in the paperwork there is some mention of arbitration in Delaware, USA subject to the laws of New York. Arbitration was distant theory for the management of an SME? Does the place of arbitration not sound like a place to go? Arbitration is based on mutual agreement and is conducted outside the national court systems. The chances of having an arbitral award vacated by a national court a meagre. The „deciders“ are not judges but arbiters nominated by the parties or an institution. The arbitrators issue an arbitral award which, thanks to an international convention, can - at least in theory - be enforced almost everywhere in the world. An expert in the various matters of international disputes is indispensable for the following subjects: 

 

  • Evaluation of the best strategy for future dispute resolution, including whether arbitration is the best course of action 

  • Drafting and negotiation of arbitration agreements and clauses including choice of law and choice of venue (including arbitration institution). 

  • Evaluation of chances and risks prior to getting into arbitration proceedings 

  • Legal representation as counsel in arbitration proceedings

  • Available to be nominated as an arbitrator 

  • Cooperation with local attorneys at the place of arbitration optimises the reliability of the proceedings 

  • Enforcement of national and international awards

 

Kamen Sirakov provides clarity about the world of arbitration and accompanies his clients reliably through the negotiations of arbitration agreements and clauses and as counsel through the dispute proceedings of any arbitration, not only in Austria, but worldwide.

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