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Private Clients

Our Private Clients service Portfolio

Our Private Clients practice advises high net worth individuals and business owners on all legal and tax matters related to their private affairs. We act as a trustworthy partner, assisting you with all your asset and succession planning requirements.

Our Private Clients service is also targeted at banks, asset managers and family offices. We either advise them directly on wealth management issues or work with them to develop customised solutions on behalf of our longstanding clients.

Interdisciplinary and international – our Private Clients Team

Trust-based client relationships in the private clients market depend on outstanding expertise allied with the requisite tact and sensitivity when dealing with a clientele that expects the highest standards.

Accordingly, the Private Clients team at CMS Germany is made up of experienced experts covering corporate, tax, inheritance, family and real estate law. In addition to providing comprehensive advice, they also represent private clients in court proceedings and vis-à-vis government bodies.

Our Private Clients experts also apply their wide-ranging expertise in the international arena. The CMS Private Clients Specialty Group established by the international CMS organisation offers cross-border wealth management and succession planning for global companies, business-owning families and high net worth individuals.

Our skillset for private clients – as diverse as our client base

The high net worth individuals and businesses who instruct us have many different needs in relation to asset and succession planning. Examples of the advice provided by our Private Clients experts include:

For a detailed list of services, please download the Private Clients Factsheet.

Our local Private Clients contacts will be delighted to arrange a personal meeting.

Nennung als Top Kanzlei für den Bereich Erbrecht

WirtschaftsWoche Top-Kanzleien 2020; In Kooperation mit: Handelsblatt Research Institute

"Sources enthuse that CMS is "a powerhouse with the ability to handle complex matters" and that "they deal with some of Germany's richest clients." The firm can provide in-depth advice on all legal and tax matters for high net worth families. Its areas of expertise include family businesses and foundations, corporate succession and international wealth planning."

Chambers HNW, 2018

"The team in Stuttgart is particularly praised for its work. One legal insider reports: "They act for some very substantial high net worth clients in that region and are very good on succession law and litigation." Another wealth expert adds: "You know you can always rely on their lawyers to be precise and accurate in what they are doing.""

Chambers HNW, 2018

Choose area

Vermögensstrukturierung
Asset Structuring
Families typically have a strong interest in safeguarding family assets and keeping them intact down the generations. At the same time, alternative fa
Notfallplanung
Contingency Planning
In the middle of an active, busy (working) life, many families and business owners are reluctant to even consider the possibility of an accident or il
Unternehmesnachfolge
Corporate Succession
One of the biggest challenges currently facing family firms is maintaining the family's wealth and securing the continued existence of the business. T
Familienunternehmer
Family Business Owners
Family business owners face special responsibilities, and often feel a particularly strong sense of commitment to the company and its employees. Conti
Familienstiftung
Family Foundations
Family-owned businesses may decide to establish a foundation for a variety of reasons. The objective might be to safeguard family assets beyond the ou
Family Office
Family Offices
With a view to safeguarding the achievement of many decades and building on that success, family businesses are increasingly turning to professional a
Nachfolgeplanung
Succession Planning
Unlike contingency planning, succession planning deals with the long-term transfer of assets. Families and family business owners are faced with the q
Core Team Private Cli­ents
01/09/2021
Private Cli­ents: Our Ex­pert­ise
Our Private Cli­ents Team spe­cial­ises in wealth and suc­ces­sion plan­ning. We provide cross-dis­cip­lin­ary ad­vice to private cli­ents, en­tre­pren­eur­i­al fam­il­ies, their ad­visers and fam­ily of­fices on any leg­al...

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23/12/2021
CMS ad­vises on mer­ger of ADS-TEC En­ergy with European Sus­tain­able Growth...
Stut­tgart – ADS-TEC En­ergy GmbH, which de­scribes it­self as a world-lead­ing pro­vider of bat­tery-buf­fered ul­tra­fast char­ging tech­no­logy, has com­pleted a busi­ness com­bin­a­tion with European Sus­tain­able...
01/09/2021
Private Cli­ents: Our Ex­pert­ise
Our Private Cli­ents Team spe­cial­ises in wealth and suc­ces­sion plan­ning. We provide cross-dis­cip­lin­ary ad­vice to private cli­ents, en­tre­pren­eur­i­al fam­il­ies, their ad­visers and fam­ily of­fices on any leg­al...
19/08/2021
CMS ad­vises ADS-TEC En­ergy on IPO via mer­ger with European Sus­tain­able...
Stut­tgart – ADS-TEC En­ergy GmbH has an­nounced jointly with European Sus­tain­able Growth Ac­quis­i­tion Corp. (EUSG), a NAS­DAQ-lis­ted spe­cial pur­pose ac­quis­i­tion vehicle, that they have con­cluded a bind­ing...
16/08/2021
Ger­man tax court rules "rent­ing" vir­tu­al land is sub­ject to VAT
The Co­logne tax court (Fin­an­zgericht Köln) ruled that sales gen­er­ated from the rent of vir­tu­al land and build­ings in the on­line com­puter game "Second Life" con­sti­tutes oth­er ser­vices rendered for fees...
29/07/2021
All en­tit­ies re­quired to re­gister – TraF­inG enters in­to force on 1 Au­gust...
The Trans­par­ency Re­gister and Fin­an­cial In­form­a­tion Act (TraF­inG) entered in­to force on 1 Au­gust 2021. Its aim is to make fur­ther pro­gress on com­bat­ing money laun­der­ing and ter­ror­ist fin­an­cing and, in ad­di­tion to de­liv­er­ing great­er trans­par­ency in­to leg­al en­tit­ies and their be­ne­fi­cial own­ers, to cre­ate the basis for link­ing all the rel­ev­ant re­gisters through­out Europe. In par­tic­u­lar, the TraF­inG does away with the no­tion­al no­ti­fic­a­tions that pre­vi­ously ap­plied to lis­ted com­pan­ies and all leg­al en­tit­ies for which in­form­a­tion on the (no­tion­al) be­ne­fi­cial own­ers could be ob­tained from the com­mer­cial re­gister, part­ner­ship re­gister, co­oper­at­ive so­ci­ety re­gister, re­gister of as­so­ci­ations or com­pany re­gister. Spe­cific­ally, this means that in fu­ture all these cor­por­ate bod­ies will also have to re­port their be­ne­fi­cial own­ers sep­ar­ately to the trans­par­ency re­gister, even if the be­ne­fi­cial own­ers are already evid­ent from the com­mer­cial re­gister or oth­er re­gisters. Spe­cial reg­u­la­tions only ap­ply to re­gistered as­so­ci­ations (ein­getra­gene Ver­eine). There are no changes with re­gard to found­a­tions (Stif­tun­gen), for which no no­tion­al re­gis­tra­tion has been pos­sible any­way. When the Act to Mod­ern­ise Part­ner­ship Law (MoPeG) comes in­to ef­fect on 1 Janu­ary 2024, com­pan­ies un­der civil law (GbR) will like­wise be sub­ject to the re­quire­ment to be re­gistered in the trans­par­ency re­gister, if they choose to be entered in the com­pany re­gister.In ad­di­tion, the cases in which for­eign pur­chasers of Ger­man real es­tate must re­port in­form­a­tion on their be­ne­fi­cial own­ers to the Ger­man trans­par­ency re­gister have been con­sid­er­ably ex­ten­ded. Trans­ition peri­ods Trans­ition peri­ods that de­pend on the spe­cif­ic leg­al form ap­ply to as­so­ci­ations which still be­ne­fit from no­tion­al no­ti­fic­a­tion un­der sec­tion 20 (2) of the GwG on 31 Ju­ly 2021. Re­gis­tra­tion in these cases must be sub­mit­ted to the trans­par­ency re­gister for­AG, SE and KGaA by 31 March 2022,GmbH, eG, SCE, PartG by 30 June 2022,All oth­er as­so­ci­ations sub­ject to trans­par­ency re­quire­ments (in­clud­ing OHG and KG) by 31 Decem­ber 2022.In these cases, fail­ure to re­gister will also not be con­sidered an ad­min­is­trat­ive of­fence for one year after ex­piry of the ap­plic­able trans­ition peri­od.Com­pan­ies that pre­vi­ously wrongly as­sumed no­tion­al no­ti­fic­a­tion in ac­cord­ance with sec­tion 20 (2) of the GwG, or did not re­gister their be­ne­fi­cial own­ers for oth­er reas­ons, do not be­ne­fit from the trans­ition­al ar­range­ments and are re­quired to re­gister as usu­al without delay. Trans­ac­tions in­volving real es­tate loc­ated in Ger­many For­eign as­so­ci­ations/trusts that have not already sub­mit­ted in­form­a­tion on their be­ne­fi­cial own­ers to an­oth­er re­gister op­er­ated by an EU Mem­ber State will in fu­ture be ob­liged to re­port this in­form­a­tion to the Ger­man trans­par­ency re­gister if they ac­quire a prop­erty loc­ated in Ger­many, in the fol­low­ing cases:Ac­quis­i­tion by way of an as­set deal,Ac­quis­i­tion by way of a share deal with­in the scope of sec­tion 1 (3) of the GrEStG, i.e. at least 90% of the shares in a com­pany that owns a Ger­man prop­erty are merged by the for­eign as­so­ci­ation or are trans­ferred to it,Leg­al trans­ac­tion with­in the mean­ing of sec­tion 1 (3) a of the GrEStG, i.e. the leg­al trans­ac­tion res­ults in the for­eign as­so­ci­ation hold­ing an own­er­ship in­terest of at least 90% in a com­pany that owns a Ger­man prop­erty.In this con­text, it should be noted that not­ar­ies are pro­hib­ited from not­ar­ising trans­ac­tions of this type if the for­eign as­so­ci­ation has not com­plied with its no­ti­fic­a­tion ob­lig­a­tion (sec­tion 10 (9) sen­tence 4 of the GwG). There are no trans­ition peri­ods in this re­spect. Ac­tion needed Ac­tion is re­quired for all new en­tit­ies es­tab­lished or re­gistered from 1 Au­gust 2021 on­ward. The in­form­a­tion on be­ne­fi­cial own­ers must be re­por­ted to the trans­par­ency re­gister without delay; the trans­ition peri­ods do not ap­ply to newly es­tab­lished en­tit­ies. In gen­er­al, the amend­ment to the law provides an op­por­tun­ity to sub­mit miss­ing re­ports; re­gis­tra­tions that have already been sub­mit­ted should be re­viewed for ac­cur­acy and to see wheth­er fur­ther in­form­a­tion is re­quired (e.g. ad­di­tion­al na­tion­al­it­ies). If no­tion­al no­ti­fic­a­tion still ap­plies on 31 Ju­ly 2021, the trans­ition peri­od should be used to pre­pare for re­gis­tra­tion in the trans­par­ency re­gister. Re­gistered as­so­ci­ations (ein­getra­gene Ver­eine) should re­view the auto­mat­ic entries in the trans­par­ency re­gister with re­gard to their ac­cur­acy.In ad­di­tion, as­so­ci­ations sub­ject to trans­par­ency re­quire­ments must in fu­ture check and, if ne­ces­sary, up­date their re­gis­tra­tion in the trans­par­ency re­gister if there are any changes in­volving their (no­tion­al) be­ne­fi­cial own­ers (for ex­ample, change of share­hold­ers or man­age­ment). Lastly, in the case of trans­ac­tions with for­eign pur­chasers, it is im­port­ant to check in good time wheth­er this in­volves a prop­erty loc­ated in Ger­many, with the res­ult that the rel­ev­ant in­form­a­tion would need to be re­gistered in the trans­par­ency re­gister. Giv­en that not­ar­ies are pro­hib­ited from not­ar­ising trans­ac­tions if the rel­ev­ant in­form­a­tion is not re­gistered, this point should also be cla­ri­fied with the not­ary in ad­vance.We would be happy to as­sist you in identi­fy­ing be­ne­fi­cial own­ers and re­gis­ter­ing the rel­ev­ant in­form­a­tion with the trans­par­ency re­gister. Please feel free to get in touch at any time.
13/07/2021
Ger­man Fed­er­al Min­istry of Fin­ance is­sues draft de­cree on in­come tax treat­ment...
Un­til now, the clas­si­fic­a­tion of crypto cur­rency rev­en­ue in­to tax­a­tion re­gimes in Ger­many was based on pub­lic­a­tions by the Ham­burg Tax Au­thor­ity, the Re­gion­al Tax Of­fice of North Rhine West­phalia, tax...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
19/05/2021
Dirk Schauer be­comes new head of Private Cli­ents di­vi­sion at CMS Ger­many
Stut­tgart – Dr Dirk Schauer has been ap­poin­ted as new head of the Private Cli­ents di­vi­sion at in­ter­na­tion­al com­mer­cial law firm CMS Ger­many. He suc­ceeds Hans Chris­ti­an Blum, who made a sig­ni­fic­ant con­tri­bu­tion...
21/01/2021
Con­tin­gency plan­ning with prox­ies in Ger­many
1. Are prox­ies used in con­tin­gency plan­ning? In Ger­many, prox­ies are used for con­tin­gency plan­ning, es­pe­cially gen­er­al prox­ies (Gen­er­al­voll­macht­en) and pre­cau­tion­ary prox­ies (Vor­sorge­voll­macht­en).The...
Comparable
07/01/2021
CMS Ger­many starts new year with nine new part­ners
Ber­lin – Com­mer­cial law firm CMS Ger­many has ap­poin­ted nine new part­ners as of the start of the new year. This will strengthen the part­ner­ship in the Em­ploy­ment, Re­struc­tur­ing & In­solv­ency, Dis­pute...
26/06/2020
Apotal Group sells on­line phar­macy’s mail-or­der busi­ness and dia­betes arm...
Stut­tgart – Com­pany founder Heinz-Peter Fichter and oth­er share­hold­ers have sold the mail-or­der busi­ness of on­line phar­macy Apotal and its dia­betes di­vi­sion to the lis­ted Zur Rose Group of Switzer­land...
06/04/2020
Ger­many of­fers short-term tax re­lief for com­pan­ies dur­ing crisis
Ac­cord­ing to the BMF let­ter, tax­pay­ers veri­fi­ably, dir­ectly and not in­sig­ni­fic­antly af­fected by the fall out of the coronavir­us can ap­ply for a de­fer­ral of taxes (Steuer­s­tundung) already due or due by...