Real Estate & Construction

| Real Estate transactions
| Real Estate M&A (Share Deals / Asset Deals), Escrow Agency
| Project development & financing incl. mezzanine)
| Sustainability / ESG / Digitalization
| Commercial lease & Residential law, Condominium Ownership law, Leasing
| Construction and Development (including Escrow/BTVG/MaBV)
| Construction & engineering contracts, Claimmanagement (claimmanager.at)
| Building law, Environmental and Administrational law
| Construction and real estate litigation
| Real estate tax law
| Land Transfer law & Immigration law

Corporate

| Unternehmens-, Business, Commercial & Corporate law
| Mergers & Acquisitions
| Reorganizations & Restructurings
| M&A, share/asset deals
| JV, shareholder agreements
| Private Equity
| Finance, capital measures, mezzanine
| Corporate Finance
| VC Capital, Early Stage / Seed-Capital, Business-Angel-Modelling
| Startups
| Management liability & Compliance
| Corporate litigation

Banking, Finance

| Financing structure / security documentation
| Acquisition financing / Project financing
| Capital / Financial instruments
| Equity capitalization, Capital replacement law
| Refinancing, syndication
| Non-performing loans (NPL) / Receivables purchase, factoring
| Banking law, capital market law, investment law
| Private Equity, (equity/debt) financing
| Reorganization, corporate recovery, restructuring
| Insolvency law

Succession & Advance (estate) planning

| Corporate succession / Estate planning / Foundations, trusts
| Equity / Financing structuring
| Estate Planning
| Entrepreneur wills structuring
| Transfer agreements, succession structuring
| Will drafting
| Power of attorneys, advance healthcare directives
| Gifts, inheritance / family law
| Family Offices, Private Clients
| Tax optimization (incl. inheritance and gift tax)

Civil / International law

| Vertrags-/ AGB-Recht, Tort law / damages law
| Employment law / Social (insurance) law
| Distribution / Franchise law
| Transport / freight (forwarding) law, traffic law
| Travel law
| Medical law, medical malpractice law
| Insurance law
| International contract law
| Foreign trade law, sanctions law
| Austrian law
| German law
| Czech and Slovak law
| CEE / SEE business law

IT & DATA PROTECTION, IP

| IT law, Online (platforming) law
| IT contract law
| Outsourcing (incl. ASP, SaaS, PaaS, White label, SLA)
| Software law, licencing
| Internet law, media law
| Domain law
| Project advisory (Apps, Blockchain, AI, IoT)
| Data protection/privacy law (DSG, BDSchG, EU-DSGVO)
| Audits (certified CIS - Data protection officer)
| IT security law
| IP, Copyright law, Know How protection
| Trademark law
| Patent law

FINTECH & NEW TECH

| Law of technology-based enterprises
| Regulatory advice (incl. FMA, BaFin)
| Payment (services) law / Factoring
| DLT / Blockchain, Smart Contracts
| Tokenization, digital financing, ICO
| KI, digital platforms, IoT
| Crowdfunding, -investing, -lending
| Projec advisory for digital business models
| Full-Service Startup advisory
| Equity financing, PE
| VC, Early Stage / Seed capital, Business Angel Models
| IP law, international private law, tax aspects
| Renewable energy

Public law & Criminal law

| Economic administrative law
| Adminitrative law
| Construction and environmental law
| Public procurement law
| University law, School law
| Civil service law
| Church law / Law of religions
| European law, Constitutional law
| White-collar criminal law
| Financial criminal law, tax criminal law
| (General) Criminal law
| Adminitrative criminal law, OWiG
| Compliance, liability law, management liabiliy

„Recht ist Wille zur Gerechtigkeit. [Law is the will to justice.]“ (Gustav Radbruch)

The LAWFIRM Dr Stephan R Eberhardt (A | D) has more than 20 years of market experience in Austria, Germany and CEE/SEE and focuses primarily on corporate and commercial law, M&A, private equity, real estate, project development, construction, finance, banking and capital markets law, investment law, regulatory matters, tax, FinTech, data protection, directors’ and officers’ liability, compliance and litigation. The lawfirm advises national and international companies, investors, funds/family offices, banks, developers, property developers/construction companies and private individuals. The firm was founded by Dr Stephan R Eberhardt, who is admitted to practise as a attorny at law in both Austria and Germany. He holds a doctorate in law and has also completed university programmes in business administration/corporate restructuring with a focus on financing and corporate restructuring, as well as East European studies/Bohemian studies. He has published numerous articles and books and is a sought-after lecturer, speaker and presenter. He is a member of FIABCI – Fédération Internationale des Administrateurs de Biens Conseils Immobiliers (FIABCI Austria), the Austrian Society for Construction Law and the Construction Industry (ÖGEBAU) and serves on the advisory board of the professional journal immo aktuell (Real Estate – Tax – Law). Dr Stephan R Eberhardt previously worked for renowned national and international lawfirms, including German law firms, VOGEL & VOGEL Cabinet d’avocats in Paris/Brussels, SQUIRE SANDERS DEMPSEY in Prague, Schönherr Rechtsanwälte as junior partner/lawyer, LGP Rechtsanwälte as Head of the Real Estate and M&A Department, and DLA Piper as Counsel in Finance & Projects, Real Estate. He also worked for several years in the construction, automotive and insurance industries, including at Allianz Headquarters, and as an assistant/lecturer at universities in Regensburg and Prague. He also practises as an external data protection officer (CIS certification).

INITIAL CONSULTATION FOR PRIVATE INDIVIDUALS


  • Initial consultation as Austrian/German attorney al law: hourly rate / flat-fee arrangement / RATG or RVG by prior agreement
  • Initial claimmanagement consulation: For an initial consultation concerning purely monetary claims, please arrange an initial claims consultation: reduced hourly rate / flat-fee arrangement / RATG or RVG by prior agreement

TEAM

ATTORNEY AT LAW DR STEPHAN R EBERHARDT

  • Admitted as Austrian Attorney at Law (Rechtsanwalt)
  • Admitted as German Attorney at Law (Rechtsanwalt)
EDUCATION / QUALIFICATIONS

CORRESPONDENCE LANGUAGES

TÄTIGKEITEN ALS ACTIVITIES AS ASSISTANT / LECTURER AT UNIVERSITY CHAIRS

TEACHING / TRAINING / SPEAKING ENGAGEMENTS

FURTHER PROFESSIONAL MEMBERSHIPS

EMPLOYEES / TEAM

CURRENT LECTURES (selected)

  • Artificial Intelligence - Legal foundations & challenges (Künstliche Intelligenz - Rechtliche Grundlagen & Herausforderungen) (AWAK - Anwaltsakademie)
  • ESG & Sustainability: Legal aspects in planning, construction and operation of real estate (ESG & Nachhaltigkeit: Rechtliche Aspekte in Planung, Bau und Betrieb von Immobilien) (AWAK - Anwaltsakademie)
  • Professional qualification course for property managers/real estate agents: Condominium law (Befähigungslehrgang Immobilienverwalter/-makler: Wohnungseigentumsrecht) (WIFI)
  • Preparation for the professional qualification examination for property developers: Property developer contract law (Vorbereitung auf Befähigungsprüfung für Bauträger: Bauträgervertragsrecht) (WIFI)
  • ESG & Sustainability: Legal aspects in planning, construction and operation of real estate (ESG & Nachhaltigkeit: Rechtliche Aspekte in Planung, Bau und Betrieb von Immobilien) (Austrian Standards)

    • PUBLICATIONS (selected)

    ATTORNEY AT LAW Dr. Stephan R Eberhardt is the editor and author of numerous publications in construction/real estate law, corporate law and CEE business law, and regularly gives lectures and seminars on relevant specialist topics.

    REFERENCES (selected)

    Our clients include international large corporations as well as small and medium-sized enterprises, banks, funds/family offices, investors, property developers and project developers, as well as private individuals whom we support in their matters.
    REAL ESTATE & CONSTRUCTION:
    • Advising German construction companies on German public and private construction law, claim management in connection with (large) construction sites, litigation, advising on property development projects
    • Advising Austrian construction companies on Austrian public and private construction law, claim management, support and representation in court proceedings, advising on property development projects
    • Advising a Lower Austrian property developer in connection with a property development project on the basis of building rights on church land
    • Advising a Bavarian real estate project development company in connection with the acquisition of an Upper Austrian tourism real estate portfolio
    • Comprehensive legal advice to a Viennese property developer in connection with property development projects in Lower Austria and Vienna
    • Advising a Munich property management company on real estate and liability law issues, commercial and residential tenancy law, in contentious proceedings
    • Advising a Viennese property management company on real estate, condominium and liability law issues
    • Advising a Viennese bank on real estate financing regarding the acquisition and development of a well-known Viennese office building
    • Advising on the refinancing of a well-known urban district in Vienna, in particular advising on loan agreement documentation as well as drafting and negotiating collateral documentation under Austrian law, most recently with regard to a hotel and well-known department store
    • Collateral documentation under Austrian law for the benefit of an international banking group to secure the refinancing documentation regarding the acquisition, renovation and financing of a hotel portfolio with companies, business units and real estate in continental Europe
    • Advising a group of investors in connection with real estate restructuring, the transfer into Austrian law and perfecting the documentation including relevant collateral and refinancing of the loan portfolio (approx. EUR 60 million)
    • Advising under Austrian law in connection with the refinancing of the loan portfolio of a German bank vis-à-vis a group of borrowers (including the Austrian borrower)
    • Advising a refinancing bank on the restructuring of Austrian loan portfolios, including Czech collateral
    • Advising on the sale of an office building in Styria by a well-known real estate group
    • Advising an international banking group on the acquisition of an SPV owned by a Vienna office building (approx. EUR 18 million)
    • Advising a major real estate developer in connection with the exit from its silent participation structure regarding an Austrian shopping center project (approx. EUR 3 million)
    • Acquisition and refinancing of a large, well-known Austrian hotel group (approx. EUR 20 million)
    • Advising a well-known Viennese real estate development and consulting group on real estate and energy law issues in connection with the integration of energy supply concepts in real estate development projects
    • Advising an international group of companies in the gaming sector in connection with questions of real estate, leasing and construction law, including references to real estate financing and taxation, as well as real estate transactions
    • Advising a commercial real estate investor group on the implementation of the acquisition structure with regard to commercial real estate investments, including the SPV corporate set-up, real estate financing, due diligences, transaction documentation and support as well as tax law issues (up to EUR 20 million)
    • Comprehensive transaction advice on the acquisition of a Styrian shopping center from a well-known real estate group by a private equity investor (approx. EUR 4 million)
    • Rating of an infrastructure group of companies on issues relating to the implementation of legal restructuring requirements and complex issues of real estate and land register law as well as real estate transactions
    • Advising apartment owners in one of the largest property management scandals in Austria on civil, litigation, insolvency and condominium law issues
    • Advising and representing a foreign country in real estate disputes and assisting with real estate transactions
    • Advising a Viennese family office in connection with compensation claims regarding expropriation and compensation proceedings as well as real estate transactions and developments
    • Legal representation and advice to private clients (EU, CIS, Asia) on questions of real estate acquisition and "Wealth Management & Estate Planning" as well as in real estate and construction disputes
    • Advising and representing a large international group of companies (industrial sector) in matters of corporate, real estate, employment, commercial, public procurement and administrative criminal law as well as on compliance issues as well as in the context of a large sale & lease back transaction and company acquisitions
    • Advising a well-known listed real estate investor group on the sale of Viennese office buildings and apartment buildings
    • Advising a well-known Austrian insurance group on the acquisition of a Viennese office building
    • Advising the investment company of a major German bank on the acquisition of several SPVs with Viennese office buildings as part of one of the largest urban PPP projects
    • Support for a private real estate project development in Vorarlberg, including the purchase of land and representation in official proceedings (approx. EUR 5 million)
      • CORPORATE LAW:
      • Advising a group of companies on the development and implementation of comprehensive compliance programs
      • Advising and representing a group practice in connection with the establishment, structuring and participation of other shareholders
      • Advising and supporting a German business angel in the context of the investment in Austrian FinTech companies via capital measures and convertible loans
      • Advising on the acquisition of a medium-sized company (supplier in plant construction / developer of leisure facilities), ongoing advice on commercial law
      • Advising on the sale of a leisure facility company/operating company including real estate portfolio (approx. 5 million)
      • Advising on the acquisition of a company by an Austrian trading company (optical company) including the structuring and structuring of the acquisition structure
      • Advising investors on the restructuring of a German mechanical and plant engineering company, including the acquisition of a company out of insolvency
      • Advising on the acquisition of a stake in a German supplier by a Slovak investor group, including comprehensive due diligence
      • Advising a Slovak group of companies on the acquisition of an investment portfolio via an Austrian investment company in the field of renewables
      • Advising various companies on corporate governance and corporate housekeeping
      • Advising an automotive supplier group of companies based in Luxembourg on corporate law agendas in CEE
      • Advising on the transaction structuring and sale of a lease portfolio in the renewable energy sector under German law
      • Advice in connection with the sale of an office building in Styria by a well-known real estate group
      • Advising an international banking group on the acquisition of an SPV owned by a Vienna office building (approx. EUR 18 million)
      • Advising a major real estate developer in connection with the exit from its silent participation structure regarding an Austrian shopping center project (approx. EUR 3 million)
      • Acquisition and refinancing of a large, well-known Austrian hotel group (approx. EUR 20 million)
      • Advising an international group of companies in the gaming sector in connection with questions of real estate, leasing and construction law, including references to real estate financing and taxation, as well as real estate transactions
      • Advising a group of commercial real estate investors on the implementation of the acquisition structure with regard to commercial real estate investments, including the SPV corporate set-up, real estate financing, due diligences, transaction documentation and support as well as tax law issues (up to EUR 20 million)
      • Comprehensive transaction advice in connection with the acquisition of a Styrian shopping center from a well-known real estate group by a private equity investor (approx. EUR 4 million)
      • Rating of an infrastructure group of companies on issues relating to the implementation of legal restructuring requirements and complex issues of real estate and land register law as well as real estate transactions
      • Advising a Viennese family office in connection with compensation claims regarding expropriation and compensation proceedings as well as real estate transactions and developments
      • Advising and representing a large international group of companies (industrial sector) in matters of corporate, real estate, employment, commercial, public procurement and administrative criminal law as well as on compliance issues as well as in the context of a large sale & lease back transaction and company acquisitions
      • Rating of a well-known listed real estate investor group on the sale of Viennese office buildings and apartment buildings
      • Advising a well-known Austrian insurance group on the acquisition of a Viennese office building
      • Advising and advising the investment company of a major German bank on the acquisition of several SPVs with Viennese office buildings as part of one of the largest urban PPP projects
        • BANKING LAW, FINANCE:
        • Advising on the establishment of an Austrian family office/fund structure, including regulatory clarification of (alternative) investment fund law issues with the FMA
        • Advising a German family office on a convertible loan to an Austrian FinTech company
        • Advising a listed company (NASDAQ) in the field of medicine/biotech under German law on capital markets and stock exchange law
        • Advising on the equity financing of a leisure facility company/operator company (approx. 4 million)
        • Advising investors on refinancing and equity financing/purchase as well as restructuring structuring of a German mechanical and plant engineering company
        • Advice on equity financing on the investor side (especially business angels, family offices, banks and financial service providers)
        • Advising on equity financing of medium-sized companies and start-ups (especially FinTech companies)
        • Advising a Viennese bank on real estate financing regarding the acquisition and development of a well-known Viennese office building
        • Advising on the transaction structuring and sale of a lease portfolio in the renewable energy sector under German law
        • Advice in connection with the refinancing of a well-known urban district in Vienna, in particular advice on loan agreement documentation as well as preparation and negotiation of collateral documentation under Austrian law, most recently with regard to a hotel and well-known department store
        • Collateral documentation under Austrian law for the benefit of an international banking group to secure the refinancing documentation regarding the acquisition, renovation and financing of a hotel portfolio with companies, business units and real estate in continental Europe
        • Advising a group of investors in connection with real estate restructuring, the transfer to Austrian law and perfecting the documentation including relevant collateral and refinancing of the loan portfolio to around EUR 60 million
        • Advising under Austrian law in connection with the refinancing of the loan portfolio of a German bank vis-à-vis a group of borrowers (including the Austrian borrower)
        • Advising a refinancing bank on the restructuring of Austrian loan portfolios, including Czech collateral
        • Legal advice in connection with the establishment and development of an (alternative) investment fund of a French group of companies in Austria; Advice on market entry, distribution, contract, corporate and tax law in Germany, Italy and several CEE countries
        • Advising a German bank in connection with the acquisition of an Austrian (mail-order) receivables portfolio including the purchase of receivables (approx. EUR 20 million)
        • Due diligence regarding CBL transactions of a well-known energy supplier group
        • Acquisition and refinancing of a large, well-known Austrian hotel group (approx. EUR 20 million)
        • Advising an international group of companies in the gaming sector in connection with questions of real estate, leasing and construction law, including references to real estate financing and taxation, as well as real estate transactions
        • Advising a group of commercial real estate investors on the implementation of the acquisition structure with regard to commercial real estate investments, including the SPV corporate set-up, real estate financing, due diligences, transaction documentation and support as well as tax law issues (up to EUR 20 million)
        • Advising an international consortium of banks on the refinancing of an Austrian group of companies (paper production)
          • SUCCESSION & PROVISION:
          • Asset and corporate succession planning for a family office under Austrian and German law
          • Legal representation and advice to private clients (EU, CIS, Asia) on questions of real estate acquisition and "Wealth Management & Estate Planning" as well as in real estate and construction disputes
          • Advice and representation in a private foundation law and subsequently also in court disputes in connection with a well-known Lower Austrian private foundation
            • CIVIL/INTERNATIONAL LAW:
            • Employment, social security and tax law advice to a FinTech group of companies
            • Comprehensive representation in execution proceedings for a construction company (in particular also in building rights entitlements or building rights)
            • Advising companies in the plant construction sector and suppliers in plant construction on contract, commercial and (foreign) trade law
            • Advising a group of companies in the automotive industry on product liability issues/OEM contracts in Germany, Austria and CEE
            • Legal advice in connection with the establishment and development of an (alternative) investment fund of a French group of companies in Austria; Advice on market entry, distribution, contract, corporate and tax law in Germany, Italy and several CEE countries
            • Product development and research cooperation agreements for trading companies
            • Advice on the structuring of websites, including the drafting of contracts, general terms and conditions, data protection declarations and user agreements for German and Austrian companies; comprehensive data protection advice for a start-up company in payment transactions
            • Drafting of sales and distribution agreements, IT project contracts for German and Austrian IT companies
            • Comprehensive advice on German and Austrian distribution and franchise law
            • Advising apartment owners in connection with one of the largest property management scandals in Austria on civil, litigation, insolvency and condominium law issues
            • Advising and representing a foreign country in real estate disputes and assisting with real estate transactions
            • Litigation in connection with claims for damages/liabilities arising from an equestrian accident
            • Criminal, civil and insolvency law advice and representation of over 60 investors in connection with a major white-collar crime scandal
            • Representation of a subsidiary of a well-known infrastructure group in arbitration proceedings (VIAC - Vienna International Arbitral Centre, WKO)
              • IT & PRIVACY, IP:
              • Ongoing data protection advice for start-ups, FinTechs, retail and industrial companies
              • Advising a VC investor on data protection law in the context of FinTech investment management
              • Trademark and patent law advice to a manufacturer of leisure facilities
              • Trademark and patent disputes of an agricultural machinery manufacturer and inventor
              • Copyright advice on open banking solutions
              • Advice on the structuring of websites, including the drafting of contracts, general terms and conditions, data protection declarations and user agreements for German and Austrian companies; comprehensive data protection advice for a start-up company in payment transactions
              • Drafting of sales and distribution agreements, IT project contracts for German and Austrian IT companies
                • FINTECH & NEW TECH:
                • Ongoing full-service consulting for startups and FinTech and biotech companies
                • Advice on equity financing on the investor side (especially business angels, family offices, banks and financial service providers)
                • Advice on equity financing of medium-sized companies and start-ups (especially FinTech and BioTech companies)
                • Advising on the transaction structuring and sale of a lease portfolio in the renewable energy sector under German law
                • Advice on the structuring of websites, including the drafting of contracts, general terms and conditions, data protection declarations and user agreements for German and Austrian companies; comprehensive data protection advice for a start-up company in payment transactions
                • Due diligence regarding CBL transactions of a well-known energy supplier group
                • Advising a well-known Viennese real estate development and consulting group on real estate and energy law issues in connection with the integration of energy supply concepts in real estate development projects
                • Advising a Slovak group of companies on the acquisition of an investment portfolio via an Austrian investment company in the field of renewables
                  • PUBLIC & CRIMINAL LAW:
                  • Advising a group of companies on the development and implementation of comprehensive compliance programs / liability avoidance strategies
                  • Criminal, civil and insolvency law advice and representation of over 60 investors in connection with a major white-collar crime scandal
                  • Advising and representing a large international group of companies (industrial sector) in matters of commercial, public procurement and administrative criminal law as well as on compliance issues

    INDUSTRIES

    REAL ESTATE & CONSTRUCTION
    Construction and real estate industry
    FUNDS & FAMILY OFFICES
    Real estate and investment funds / private clients / family offices
    FINANCE & BANKS
    Finance and insurance industry / banks and FinTech
    INDUSTRY
    Manufacturing / plant and mechanical engineering, infrastructure



    TRADE & BUSINESS
    Trade / services
    ART INVESTMENT
    Arts and crafts, art investment market
    IT & NEW TECH
    IT / new technologies / renewable energy
    HEALTHCARE & AGRICULTURE
    Medicine & pharmaceuticals, food and agriculture

    What Our Clients Say

    Seit Jahren perfekte Bauträgerprojektabwicklungen. Effizient und zielführend.
    Geschäftsführer
    eines mittelständischen Bauträgers und Bauunternehmens
    Erfolgreiche Beratung und Abwicklung selbst bei komplexen Unternehmens- und Immobiliendeals sowie Beteiligungsfinanzierungen.
    Dipl.-Ing. Schwarz
    Investor
    Exzellente umfassende Betreuung im Arbeits-, Datenschutz-, Gesellschafts- und Aufsichtsrecht.
    Dr. Bienert
    Unternehmensgruppe eines Zahlkartenanbieters
    Sehr vertriebsorientiert, äußerst kompetent im FinTech-Recht.
    Fintecsystems
    Open-Banking
    Comprehensive support - from successful company development to investor rounds and exit.
    Former Startup-CEO
    Thorough legal advice with handling my real estate portfolio. Forsightful estate planning.
    Private Client
    Große Hilfe bei der Strukturierung und Gestaltung der Übernahme von Forderungsportfolios.
    CEO und CRO
    einer Bank für Wachstumsfinanzierung und Zahlungsdienstleistungen
    Professionelle Begleitung bei Finanzierungsrunden.
    Business Angel
    für FinTech- und BioTech-Startups
    Lösungsbezogen und maßgeschneidert bei schwieriger Gesellschafterstreitigkeit. Gesellschaftsrechtlich sehr kompetent.
    Geschäftsführender Gesellschafter
    einer namhaften Gruppenpraxis
    Reibungslose Vertragserrichtung und -abwicklung beim Immobilienkauf.
    N.R.
    Immobilienkäufer
    Umsichtige Nachfolge- und Vorsorgegestaltung bei der Immobilienübertragung, dabei auch ehe-, familien- und steuerrechtliche Themen auf den Punkt gebracht.
    H.E.
    Gastronom und Unternehmer
    Rechtsanwalt Dr. Eberhardt war uns mit seinen Kenntnissen des österreichischen und deutschen Rechts bei der Nachfolgeregelung eine enorme Hilfe.
    Family Office
    München/Wien