At the centre of everything is the client – and the client’s entrepreneurial decision.
KOCH advises entrepreneurs and companies not only on legal matters, but acts as a strategic sparring partner with a holistic perspective.
KOCH is the business law firm for clients seeking legal excellence – and, beyond that, a trusted consigliere who penetrates complex entrepreneurial situations, structures options and supports sound decision-making.
Entrepreneurial challenges can rarely be reduced to a single area of law. Financing, shareholder structures, liability, strategy and implementation are closely interlinked. KOCH considers these interdependencies proactively, pragmatically and with a clear focus on solutions.
Where desired, KOCH assumes the role of central point of contact and project lead. Clients do not need to coordinate additional advisers themselves. When required, KOCH draws on a well-established network of experienced experts and assembles – where appropriate in multidisciplinary teams – a solution tailored to the client with the precision of a bespoke suit.
The selection of all involved experts is guided exclusively by efficiency, expertise and the client’s best interests – free from conflicts of interest and hidden agendas.
This advisory philosophy is also reflected in the founder of KOCH himself: a generalist business lawyer with legal and business expertise, a broad range of experience and the ability to think in terms of entrepreneurial responsibility – as a trusted adviser on equal footing.
Sample case: KOCH, the consigliere
KOCH advises a sales representative of factoring products in a special market on founding his own factoring company. The client has developed the factoring products for this special market and has sold them there very successfully so far. Until now, however, the complete contractual processing was carried out by an external factoring company.
When the client starts his own factoring company, the separation from his former factoring partner becomes controversial because he sees his business dwindling. The factoring partner is trying to use an injunction to prevent his former sales representative from competing. KOCH represents the commercial agent in court and at the same time advises him comprehensively on the establishment and development of
- His new factoring company;
- The financing of the purchase of receivables;
- The design of employment and service contracts;
- The design of the factoring contracts;
- Etc.
At that time, factoring could still be operated without a permit under the German Banking Act (KWG) if it was not structured as a banking transaction. KOCH designs the business model of the factoring company in such a way that no KWG license is required.
After KOCH has won the court case for the client, the newly founded factoring company can get started. When the factoring business becomes subject to a permit in 2009, KOCH assists the factoring company in obtaining the factoring permit in accordance with the KWG and thus accompanies the client in the supervision of the Federal Financial Supervisory Authority and the Bundesbank. The factoring company's business is doing well; it becomes the market leader in its niche.
KOCH is the constant contact for the factoring company, not only for all questions relating to the strategic development of the company, but also for all other legal questions that arise. Now, with many questions it is important to the client that the legal issues are processed under KOCH's leadership due to the special relationship of trust that has grown over the years. The factoring company does not need an in-house legal department. As the main contact, KOCH as an external legal department takes care of any legal advice that may arise. If necessary, KOCH draws on experts from its network to find the best possible legal solution for the client efficiently.
