LAWYERS
Kowalski Clemens Schmidt Partnership is made up of experienced lawyers whose experience covers all areas required to guarantee results-oriented and personal advice to companies and entrepreneurs.
Dr. André Kowalski
PARTNER
+49 211 26108812
kowalski@kcslaw.de
André Kowalski has been working as a corporate lawyer for 30 years. Until 2007 he was a partner of Bruckhaus Westrick Stegemann (later Freshfields Bruckhaus Deringer), then until 2020 a founding partner of a medium-sized law firm in Düsseldorf. For years he has been recognized by Handelsblatt / Best Lawyers in the category “Best Lawyers Corporate Law”. His expertise was acquired both in a large international law firm as well as in a smaller, more flexible unit. In his work, André has participated in numerous important corporate law mandates, in particular in M&A transactions, the establishment of joint ventures and in the realignment of companies including corporate succession, with a total volume of several billion euros.
A special focus is on advising owner-managed companies. In addition, André is also appointed as an arbitrator in corporate law disputes.
Education
Abitur (1982)
Studied law in Cologne and Geneva (1982 to 1988)
First (1988) and second (1992) state examination
Promotion zum Dr. iur. in Köln (1988)
Scholarship awarded by the German Scholarship Foundation (undergraduate studies and doctorate)
Scholarship awarded by the German Academic Exchange Service (Geneva)
Professional expertise
1992 to 2007 Lawyer, from 1996 partner, of Bruckhaus Westrick Stegemann (later Freshfields Bruckhaus Deringer) in Düsseldorf
1995 Secondment to Ashurst Morris Crisp in London
2007 to 2020 Founding partner of FRANZ Rechtsanwälte, Düsseldorf
Since 2021 Founding partner of Kowalski Clemens Schmidt
Awards / memberships
Handelsblatt / Best Lawyers, Germany’s best lawyers – corporate law
(regularly since 2014)
Industrie-Club e.V. Düsseldorf (since 2003)
Friends of the Düsseldorf Art Academy
Art association for the Rhineland and Westphalia
Friends and sponsors of the German Scholarship Foundation
Publications (selection, German language only)
“Notarization issues in company law”, in: Wachter, Handbook of specialist lawyer for company law (5th edition 2021)
Commentary on the regulations on the capital increase from company funds, in: Gehrlein / Ekkenga / Simon, Commentary on the GmbHG (5th edition 2021)
“The status procedure under stock corporation law according to §§ 96 para. 2, 97 ff. AktG – a pitfall in company law?”, in: DB 2009, 551 ff. (Together with Dr. Matthias Schmidt)
“Practical questions when converting a stock corporation into a Societas Europaea (SE)”, in: DB 2007, 2243 ff.
“Integration: Compensation through the use of authorized capital”, in: AG 2000, 555
“Shareholder action and § 47 No. 8 GmbHG – not an unsolvable problem”, in: ZIP 1995, 1315
“Void annual financial statements – what now?”, In: AG 1993, 502
“Restricted business shares – transfers and bypasses”, in: GmbHR 1992, 347
On the liability for enrichment in Gesellschaften bürgerlichen Rechts, in: NJW 1991, 3183
“Compensation of damages to companies and partners”, dissertation, Cologne, 1989
Various comments on court decisions
Working languages
German, English
Dr. Horst Clemens
PARTNER
+49 211 26108811
clemens@kcslaw.de
Horst Clemens has a professional track-record of more than 25 years. His experience of many years in investment banking in London and Frankfurt (most recently as Managing Director) and in a large German family-owned company (as Managing Partner), has equipped him with extensive practical knowledge in the fields in which he currently works as a lawyer.
He acquired the tools of the trade as a lawyer previously in a large international law firm in Düsseldorf. Horst knows about the real and practical concerns of family entrepreneurs and family businesses. This mix of high advisory skills, practical knowledge and years of experience distinguishes him as a lawyer and consigliere for his clients.
In recent years, Horst has advised in particular family entrepreneurs on setting up family offices at home and abroad, on succession planning and anticipated line of inheritance. Horst is also active in the areas of company law (in particular partnership law) and real estate law.
Education
Abitur (1986)
Basic military service (1986 to 1987)
Studied law in Bochum (1988 to 1993)
First (1993) and second (1997) state examination
Doctoral studies, achieving the status of Dr. iur. in Bochum (1996)
Professional expertise
1997 to 1999 Lawyer, Bruckhaus Westrick Stegemann (later Freshfields Bruckhaus Deringer) in Düsseldorf
2000 to 2003 Deutsche Bank AG, London, Investment Banking, Vice President, Telecoms, Media & Technology Corporate Advisory Group London
2003 to 2005 Dresdner Bank AG, Frankfurt am Main (today: Commerzbank AG), Managing Director, Head of Corporate Finance of the Institutional Restructuring Unit (IRU). Member of the IRU Executive Committee and Member of the IRU Credit Committee of Dresdner Bank AG. The IRU was the bad bank of the Dresdner Bank Group with over EUR 35 billion in non-performing assets (especially non-performing loans – NPLs) and non-strategic assets (especially holdings) in Germany and abroad. The IRU was closed in early 2006 after the portfolio of non-performing and non-strategic assets had been successfully wound up, restructured or sold.
2006 to 2018 Peek & Cloppenburg KG, Düsseldorf, Managing Partner and Managing Director / Member of the Executive Committee of Peek & Cloppenburg KG, Düsseldorf, and Peek & Cloppenburg KG, Vienna, responsible inter alia for law (in particular corporate law, tax law, real estate law), M&A, real estate / expansion, construction.
2018 to 2021 Self-employed Attorney
Since 2021 Founding partner of Kowalski Clemens Schmidt
Memberships
Rotary Club Düsseldorf-Pempelfort
Publications (German language only)
“On the effects of confession, non-dispute and acknowledgment in the clause granting procedure”, dissertation, Ruhr-Universität Bochum (1996)
Working languages
German, English
Tim Arne Schmidt
PARTNER
+49 211 26108813
schmidt@kcslaw.de
Tim Arne Schmidt has been a corporate lawyer for 10 years. He has worked for a large international law firm as well as for medium-sized law firms. In addition, he undertook a nine-month secondment in the legal department of a DAX-30 company, where he gained practical experience in handling complex legal disputes. Tim Arne also supports and accompanies clients in resolving disputes in and out of court. When drafting contracts, he has an eye for potential conflicts, employing his foresight in the interest of his clients.
Tim Arne has focused on real estate law in the past few years. He assists clients in particular with the acquisition and sale of real estate and the conclusion, extension or termination and processing of rental contracts. In addition, he advises on legal issues relating to portfolio management and securing income from the respective investment.
Education
Abitur (2000)
Studied law in Münster and Lausanne (Switzerland) (2001 to 2006)
First (2006) and second (2010) state examination
Research assistant at the Institute for Environmental and Planning Law of the Westphalian Wilhelms University of Münster, Chair of Prof. Dr. Hans D. Jarass, LL.M. (Harvard) (2010-2011)
Research assistant at Hengeler Mueller in Düsseldorf in the field of antitrust law (2007)
Professional expertise
2011 to 2012 Lawyer, CBH Rechtsanwälte, Cologne
2012 to 2013 Lawyer at Freshfields Bruckhaus Deringer, Cologne
2014 to 2016 Lawyer, Orth Kluth Rechtsanwälte, Düsseldorf
2016 Nine-month secondment in the legal department of a DAX 30 company
2017 to 2020 Lawyer and Counsel, FRANZ Rechtsanwälte, Düsseldorf
Since 2021 Founding partner of Kowalski Clemens Schmidt
Memberships
Rotary Club Düsseldorf-Schlossturm
Working languages
German, English