MANDATES FROM PREVIOUS YEARS - DR. GÜNTER PABST – RECHTSANWALT
Anwalt, Südafrika, Erbrecht, Erbfall, deutsch- südafrikanisches Erbrecht, Rechtsanwalt, Günter Pabst,
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MANDATES FROM PREVIOUS YEARS

On the pages to follow we have  –  in a neutralized way –  shown typical Mandates from Previous Years, from which one can get an idea about the scope of our services in the areas of:

LEGAL ADVICE

Negotiations + drafting of agreements

for a leading South African wine producer, which acquired a majority stake in a German wine and liquor distributor.

 

Forced sales of real estate property by auction

for a couple of clients, who were or had become co-owners of buildings in Germany and who wanted to liquidate their assets.

 

Concept for maintenance + support of family members

in Germany by a South African client, incorporating and combining life assurance,  usufruct and the client’s testamentary dispositions.

 

Negotiations + drafting of contracts

for numerous clients in conjunction with distribution, representative + agency business, with one party in Germany and the other one in South Africa.

 

Legal opinions in litigation matters

before a South African High Court on issues of International Private Law and on the application of German law, instructed by law firms.

 

Advice + draft of agreements

for German-South African couples on antenuptial contracts, company documents and the purchase of property.

 

Trust-, Company- + Employment-contracts

for South Africans or clients domiciled in South Africa regarding assets, property and/or enterprises in Germany.

ESTATE PLANNING + WINDING-UP OF DECEASED ESTATES

Applications for Certificate of Inheritance + winding-up of deceased estates

for South Africans or clients domiciled in South Africa regarding estates or parts of an estate situated in Germany (with or without a German testament).

 

Liquidating assets in deceased estates in South Africa + Namibia

for Europeans with or without a domicile in South Africa/Namibia of deceased estates or parts thereof located in South Africa/Namibia (with or without a South African/Namibian testament).

 

Estate planning + drafting of last wills/testaments/codicils

for clients of various citizenships and domiciles with regard to assets, that are subject to various legal regimes.

 

Advice on tax optimization

of family assets regarding the succession on death taking into account Income Tax and Estate Duty in Germany + South Africa/Namibia.

 

Advice on strategies to avoid the compulsory stake in German law of succession

through swap from immovable to movable assets und the use of a legally split deceased estate.

 

Advice on aspects pro and against the use of trusts

by analysing the situation of assets and the individual family structure, taking into account alternatives like foundations and donations during life time.

TAX ADVICE

Representing Recipients of German Pension

with domicile in South Africa in conjunction with the assessment by the tax authority in Germany (Neubrandenburg) with the application of unlimited tax liability in order to minimize German tax.

 

Minimization/Avoidance of Estate Duty

by locating a deceased estate from South Africa to Germany in order to utilize the tax free amounts for close family members.

 

Avoidance of Capital Gains Tax

in South Africa by planned emigration at the right time in order to utilize the tax exemption on the disposal of a primary residence before it becomes part of the deceased estate.

 

Concept for the minimization of taxation

for clients, who swap from South African unlimited tax liability to German unlimited tax liability, due to taking domicile in Germany.

 

General tax advice + drafting of tax sensitive agreements

in conjunction with donations between relatives/family members, taking into account the location of the assets and the resident/non-resident status.

 

Application of Double Tax Treaties

for clients, who might be or end up with a potentially conflicting status as taxpayer in South Africa and Germany.

 

Avoidance of taxation as a trader

of a client, who, in his capacity as a private individual, did a couple of privately motivated property deals, which resulted in getting assessed for the capital gains as trading profit.

 

Consultancy on the International Exchange of Information for Tax Purposes

regarding assets in third countries for clients with domicile in South Africa/Namibia.

MANAGEMENT CONSULTANCY

Survey of German Enterprises in South Africa

mandated by and in cooperation with the German Chamber of Trade + Industry  in Southern Africa.

 

Feasibility  Study

for a major European air line, which was planning the establishment of a call centre in Cape Town as part of their world wide call centre system(it was established + is running).

 

Concept for the sale to German investors

of a leisure park with hotel, golf course, wine estate and hundreds of freehold titles for the building of holiday homes.

 

Investigation of the legal insurance system in Germany

in preparation for the introduction of a legal insurance product in South Africa by a German/South African provider.

 

Market analysis of the security industry in South Africa

for a German client who planned to enter the South African market with an alternative security concept.

 

Repatriation of assets out of South Africa

for South African residents and enterprises to Europe, taking into account limitations and opportunities of the exchange control regulations.

 

Analysis of the South African banking and investment system

for a European private bank, which was keen to establish a representation with the aim to acquire South African private investors as customers.

 

Negotiations with a nationwide operating retailer

in South Africa for a German producer regarding the introduction of an innovative, technically advanced teller system.

 

Kick-starting talks

between a German beer producer and a South African beverage multi regarding a joint venture in the acquisition of an East-European brewery.