Hubertus Scherbarth, LL.M., B.A.
Lawyer, German Tax Advisor
About Hubertus
German Corporate Law
German Tax Law
Litigation & Dispute Resolution
Digitalization & Legal Tech
Hubertus Scherbarth is a lawyer and German tax advisor (Steuerberater) with more than 10 years of experience in German corporate law and tax law. He is a partner and managing director of Solving Legal GmbH. Hubertus Scherbarth regularly appears on behalf of his clients at shareholders' meetings and annual general meetings and enforces claims for directors' and officers' liability under German law (Organhaftung). As a partner lawyer and co-founder of the Resolvio platform, he works intensively on the digitalization of German corporate law. His programming skills help him to combine technological solutions with legal requirements. Under the Solving Tax brand, Hubertus Scherbarth runs a law firm specializing in the preparation of German annual financial statements. The annual financial statements can be prepared particularly efficiently and cost-effectively due to the use of the AI-supported Resolvio platform.
Experience
Internal Investigations in a Raw Materials Processing Company
On behalf of a co-managing director, we were commissioned to clarify allegations of breaches of duty amounting to millions within the framework of an internal investigation. In doing so, we initiated a comprehensive clarification of the facts and analyzed them from the perspective of German corporate law.
Amount of Alleged Damages
5 Mio. €
Managing Director Must Submit Corrected Shareholder List
In the context of a shareholder dispute, a managing director-shareholder of a German GmbH submitted a shareholder list that did not include our client's participation due to an alleged failure to fulfill the share purchase agreement. After the client filed a lawsuit on our advice, the German Regional Court (Landgericht) of Munich I confirmed our argumentation and sentenced the managing director to correct the shareholder list.
Value in Dispute
20,000 €
Local Politician Defends Against Warning Letter Attempt by a News Platform
The news platform BEN Kurier attempted to have a court prohibit a local politician from Bad Ems from publicly disseminating various expressions of opinion about the platform's improper reporting in an open letter. We successfully took over the defense within the framework of interim legal protection: As a result of our defense arguments, both the German Regional Court (Landgericht) of Koblenz and the Higher Regional Court (Oberlandesgericht) of Koblenz rejected BEN Kurier's applications for an injunction (1st instance) or recommended the withdrawal of the immediate appeal (2nd instance).
Value in Dispute
20,000 €
Redemption of Shares in a Gastronomy Company
For a majority shareholder of a well-known gastronomy company from Leipzig, we enforced the redemption of the minority shareholder's shares out of court during a disputed shareholders' meeting and subsequently negotiated the severance payment amicably.
Enterprise Value
100,000 €
Amicable Settlement of a Shareholder Dispute in a Marketing Agency
For a minority shareholder and managing director of a nationally active marketing agency, we achieved a six-figure severance payment in negotiations with the other shareholders. In the associated share purchase agreement, our client was able to minimize their tax burden by 80% compared to standard structuring under German tax law.
Severance and Tax Advantage
330,000 €
Litigation Defense with Corporate Law Counterclaim for Client from the Real Estate Sector
For a medium-sized client from the real estate sector, we successfully defended against a lawsuit for the repayment of a loan of over €0.5 million before the German Regional Court (Landgericht) of Munich. Upon our recommendation, the client filed a counterclaim based on German corporate law with a value of over €1 million, which was granted in full. Through our advice, the client not only defended against the lawsuit but also enforced a valuable counterclaim in court.
Total Success
> 1.5 Mio. €
Settlement Following Arbitration Proceedings in a Raw Materials Company
For a minority shareholder of a raw materials company, we prompted the majority shareholder to pay a severance in the double-digit millions after we asserted claims against them in arbitration proceedings.
Severance
10.1 Mio. €
Enforcement of Directors' and Officers' Liability Claims Against Former Savings Bank Executive
For a mechanical engineering company whose advisory board included a former savings bank executive (Sparkassenvorstand), we successfully assisted in asserting claims for damages due to advisory board resolutions that exceeded their competence under German corporate law.
Damages
1.4 Mio. €
Share Redemption and Compulsory Dismissal as Managing Director in a Medium-Sized Company
In the context of an escalated shareholder dispute, we advised and represented the majority shareholder in the successful redemption of shares and compulsory dismissal of the other shareholder party. The validity of the redemption resolution and the dismissal resolution was confirmed by the German Higher Regional Court (OLG) of Munich.
Share Value
10.5 Mio. €
Litigation Defense with Corporate Law Counterclaim
For a medium-sized client from the real estate sector, we successfully defended against a lawsuit for the repayment of a loan of over €0.5 million before the German Regional Court (Landgericht) of Munich I. Upon our recommendation, the client filed a counterclaim based on German corporate law with a value of over €1 million, which was granted in full. Through our advice, the client not only succeeded in defending against the lawsuit but also enforced a valuable counterclaim in court.
Total Success
> 1.5 Mio. €
Qualifications
Education
- Studies in law and European art history at the universities of Heidelberg, Krakow, and Paris (Sorbonne)
- Doctorate on a German corporate law topic in the field of directors' and officers' liability and resolution passing
- Training as a German notary clerk (Notarfachangestellter)
Professional qualifications
- Lawyer (Rechtsanwalt)
- German Tax Advisor (Steuerberater)
- Software Developer (Full-stack)
Additional responsibilities
- Co-founder of the Resolvio platform
What others say about Hubertus
A quick thinker you can rely on even in critical situations
— Statement by a client