How ready is an exclusion from the GmbH.

Seven questions on breakdown, evidence and compensation. In the end you receive a rough classification whether the exclusion action is realistic or whether other paths are more useful. Not legal advice for the individual case.

Exclusion assessment

How ready is an exclusion from the GmbH.

Already know you want to get in touch? Go straight to the enquiry form.

01 Question 1

Is cooperation permanently and deeply broken?

All paths at a glance

Overview of all answers.

Point conflict, exclusion currently not indicated.

A single conflict rarely carries an exclusion action. Better: a structured challenge of the affected resolution, clear communication and adjustments of the decision structure.

Organise evidence first, then decide on exclusion.

Without solid evidence an exclusion action regularly fails. First bundle articles, emails, witnesses and figures and have the readiness assessed before you prepare the action.

First clarify articles and compensation clause.

Without a solid compensation clause the exclusion action lacks a clean ending. First redraft or supplement the clause before pushing the exclusion action.

Secure the financing of the compensation.

Even a successful exclusion does little if the compensation overstretches the company. Before pushing the action, financing, instalments, safeguard injunction and valuation must add up.

Try mediation or arbitration first.

If both sides can negotiate in principle, settlement is faster and economically often better. Mediation or arbitration keep exclusion as a fallback.

Prepare the exclusion action substantively.

Preconditions are in principle met. For the next step a chronological factual account, a claim plan and a parallel safeguard strategy are required. In many cases the action runs alongside a preliminary injunction.

All recommendations at a glance