The SKALING team advises founders, start-ups, VCs, strategic and angel investors on all legal and tax related matters concerning the world of Venture Capital. We provide fast and smart solutions, whether it is the establishment and structuring of companies, the implementation of financing rounds, the conclusion of convertible loan agreements or the execution of exits. We also advise on employee participation programmes, IP/IT law, data protection and regulatory matters. Moreover, we support our clients in applying for public funding (e.g. EXIST, INVEST). 

SKALING's Venture Capital team can rely on a well-established network in the startup scene, as well as its experience in accompanying a multitude of foundings, financing rounds and exit processes.

Our advice on Venture Capital covers:

  • the establishment of companies, including advice on the choice of legal form, balancing the rights of founders and early stage investors and regulatory and tax structuring,

  • financing of start-ups at all stages, in particular through financing rounds (Seed, Series A, Series B, etc.), mezzanine capital (convertible loans, (atypical) silent partnerships, etc.) and alternative forms of financing, 

  • drafting and negotiating of investment and shareholder agreements, including typical provisions (resevered matters and veto rights, milestones, representations & warranties, vesting, liquidation preferences, pre-emption rights, tag and drag along rights, non-compete clauses, pooling of voting rights),

  • advising companies on the setting-up of (virtual) employee participation programmes (i.e. VSOP, ESOP, phantom shares and stock option programmes), as well as advising employees entitled to options, including tax advice, 

  • the structuring and implementation of restructuring measures (change of the legal form, division into several enterprises, mergers, hive-downs, squeeze-outs), 

  • advice on the sale of investments/exits, 

  • advising companies as well as founders on the drafting and negotiation of employment contracts for board members and managing directors,

  • conflict management, especially in shareholder disputes/conflicts between founders,  

  • the protection of business ideas and corporate names, in particular with regard to trademark, copyright and competition law,

  • the drafting of general terms and conditions, imprints and data protection declarations, supply and purchase agreements as well as licence agreements.