• Overview
• Main Areas of Practice

• Practice Overview
• Endorsements

• Representative Clients
• Languages Spoken

Abels Decker Kuhfuss & Partner GbR (ADK) is a nationally and internationally focused, medium-sized partnership of public accountants, tax consultants and lawyers. For over 25 years ADK has served its clients from various locations across Germany. Our services focus on the needs of our clients who demand comprehensive solutions to the challenges posed by Germany’s economic and legal environment. In order to deliver these services effectively, our partnership has clearly defined the firm’s services and offers comprehensive solutions in all the following areas: Auditing and related services; tax consultancy; legal advice; management consultancy; advice on restructuring and insolvency.

Overview

The basis for our success is a broad, interdisciplinary range of services, which we decided upon right at the founding of our company.

Thanks to this orientation and specialisation in the interests of medium-sized companies, we have a know-how lead in these fields today.

ADK have always distinguished themselves by a delight in innovation. Besides classic support, we are continually opening up new fields of consultation and action and can thus satisfy the desires of our clients for advice in as many fields as possible.

Comprehensive client processing also means that a partner will attend to you as your contact person throughout the consultation period. Regardless of whether for accounting, tax or legal advice, we offer you one-stop shopping without attrition losses due to internal hierarchies!!

The organisation with ‘genuine’ partners has moulded our self-conception. That’s also why we understand the concerns and structures of our clients so well. We would also like to support you successfully with our comprehensive range of consultation services and the know-how of consultants who think in a businesslike way. We cordially invite you to get to know us.

Back to Top

Main Areas of Practice

• Matrimonial
• Audit and assurance
• Business taxation
• Consulting services
• External audit

Back to Top

Practice Overview

Legal advice
With our solicitors, we offer legal representation in all district, county and provincial high courts

Tenancy and leasing law

• Design of commercial rental and leasing contracts as well as residential rental contracts
• Advice and conduction of cases in the event of disputes concerning property rental laws

Family and Inheritance law

• Design of agreements under matrimonial laws
• Advice in the event of dissolution of the marriage regulation of proprietary claims
• Support in questions of maintenance rights
• Elaboration of wills and inheritance contracts
• Advice on questions of corporate succession

Intellectual property rights

• Enforcement of your interests under patent, trade mark and registered design laws
• Competition law
• Copyrights
• Design of licensing agreements

Private building and contracting laws

• Advice to project developers, builders and investors on questions of the provision of capital, profitability analysis and the design of rental and leasing contracts
• Elaboration of building and purchase contracts
• Advice on the conclusion of architect’s contracts
• Checking and enforcement of claims in the event of impairment of performance in building contracts and contracts for services and labour
• Checking and enforcement of claims for fees and wages

Capital market and business laws

• Development of catalogues of measures in the area of Corporate Governance
• Support in questions of ad-hoc publicity and compliance
• Advice to financial service providers on questions of organisational and behavioural obligations pursuant to KWG (Kreditwesengesetz = German Banking Act) and WpHG (Wertpapierhandelsgesetz = Securities Trading Act)
• Support for financial service providers in fulfilling disclosure and reporting obligations

Checking liability claims in the case of capital investments

• Elaboration of purchase, agency and licensing contracts as well as sales representation and cooperation agreements
• Advice on the design of General Terms and Conditions of Business

Mergers & acquisitions

• Preparation and execution of sales and purchases of companies
• Tax and Legal Due Diligence
• Performance of company appraisals
• Checking of innovative financing concepts / mezzanine capital
• Advising investors on venture capital engagements
• Support of managers for management buy-outs
• Restructuring of target companies in order to achieve strategic units

Employment law

• Solving of problems with employment laws during company takeovers
• Advising company management in jointly deciding companies
• Design of employment contracts with the inclusion of remuneration and benefit regulations
• Support for the introduction of company pension models
• Advice and conduction of cases in the event of disputes concerning employment laws

Corporate law

• Founding of joint stock and private companies
• Selection of the ideal legal form
• Elaboration of individual articles of association – for owner-managed and capital market oriented companies
• Design of remuneration and benefit regulations for managing partners and external managers
• Clarification of questions of liability during the founding of companies
• Strategies to avoid errors in provision and preservation of capital in joint-stock companies
• Dissolution of companies whilst protecting the interests of the company

Tax Advice

General tax advice

• Performance of declaration work
• Conduction of extra-judicial and judicial legal redress cases
• Support for company audits
• Representation in tax offence cases
• Advice on setting up a business including advice on subsidies
• Application for tax concessions and tax-related grants

Tax organisation advice

• Performance of comparisons of legal forms against a background of changing general conditions
• Advising investors on questions of commercial property trading
• National and international planning, optimisation and restructuring of companies and company mergers
• Resolving questions of tax on profits and inheritance tax when moving abroad
• Tax advice for overseas property investments
• Advice on the founding of trusts International tax laws
• Drawing up of cross-border tax strategies
• Advice on the founding of overseas manufacturing facilities and subsidiary companies
• Clarification of legal and tax questions in the case of overseas engagements using our MSI Global Alliance contacts
• Advice on the determination of internal transfer prices
• Drawing up internal transfer price documentation
• Resolving questions of income tax and social insurances when dispatching employees abroad
• Advising foreign investors in the case of direct investment in Germany
• Analysis of the tax situation when moving abroad
• Resolving conflicts with tax authorities in the case of double taxation
• Assistance in obtaining tax refunds overseas (e.g. VAT refund procedure)
• Advice to foreign companies on questions regarding VAT (e.g. tax representation)

Accounting

• Auditing is performed by the ADK GmbH auditing company.
• ADK have already completed the quality check (peer reviews) prescribed by law in 2004. As a result we were able to offer our services to companies listed on the stock exchange earlier than other companies.
• At owner-managed companies we view our activity above all as the starting point for an in-depth consultation.
• Performance of audits of annual accounts in accordance with national and international accounting standards.
• Audits of annual accounts and consolidated annual accounts
• Performance of special checks
• Use of our international association MSI Global Alliance for the achievement of equivalent checking standards and for the acceleration of checking procedures

Business management advice

• Implementation of accounting and controlling systems
• Support for the introduction of international accounting standards
• Drawing up a report for foreign parent companies with transition in accordance with US-GAAP or IAS
• Introduction of computer based company planning with budgeting and target-performance comparison
• Planning and development of a risk early warning system in public limited companies
• In-depth advice during the rating process for the improvement of the external presentation to internal and external investors
• Performance of company appraisals

Accounting
In times of crisis, company owners and partners are faced with complex decisions. External causes such as reductions in turnover or default of payment often trigger crises. But it is also often a lack of business acumen or a lack of readiness to talk on the part of investors and suppliers. At the same time, the liability risks of a later insolvency are often misjudged, which can lead to management being held personally accountable. We view our task here as one of providing comprehensive advice that shows ways out of the crisis. We don’t just sell concepts, we also support their implementation and check the progress of recapitalisation. The goal of every effort is the preservation of the company.
Checking recapitalisation capability / performing recapitalisation checks
Development and implementation of recapitalisation concepts

• Checking the existence of grounds for insolvency
• Identification of personal liability risks for management, directors and shareholders
• Advice on questions of provision and preservation of share capital as well as replacement of capital
• Increasing financial room for manoeuvre by means of agreements with external investors
• Identification of alternative financing methods (mezzanine capital)
• Drawing up finance and liquidity plans
• Drawing up and support of insolvency plans (pre-packaged plan)
• Development of programmes to raise turnover and lower costs
• Founding of rescue companies - Assumption of interim management
• Securitisation of company pension schemes

Insolvency administration
Our firm has established itself in the market as a back office for insolvency administrators. Our business and legal expertise is in demand for many tasks connected with insolvency. Even in the case of large-scale proceedings, we are able at all times to fall back on a large qualified employee base in order to deal with the tasks promptly and quickly.

• Processing and checking of claim filings
• Checking of rights for segregation and disassociation
• Checking and judicial enforcement of refutation facts
• Administration and utilisation of securities
• Drawing up and accompanying insolvency plans
• Drawing up of accounts according to commercial and insolvency laws
• Clarification of tax questions in insolvency and drawing up of tax declarations
• Drawing up of finance and planning calculations in the case of continuation of the company
• Drawing up of special surveys, e.g. on the invalidity of annual accounts and manipulation of balances
• Legal representation in the case of applications for declaration

Back to Top

Languages Spoken

• English
• German