SMP

Matthias advises corporations, shareholders and members of management boards and supervisory boards on all aspects of corporate law. He specializes in stock corporation law and corporate litigation.

Education and Career

Matthias studied law in Bonn, Cologne, Valladolid (Spain) and at Harvard Law School. Matthias started his career at Cleary Gottlieb Steen & Hamilton. Before co-founding SMP, he was a Partner at the corporate-law boutique firm Meilicke Hoffmann & Partner and an Associated Partner at Flick Gocke Schaumburg.

Experience 

Matthias’ recent work highlights include advising:

  • representing the seller in a post-M&A dispute
  • representing shareholders in several shareholders’ disputes
  • defending a supervisory board member against a liability suit
  • advising a foreign investor on the acquisition of a 29% stake in a listed stock company
  • advising an investor in connection with a capital increase in a listed stock company
  • advising the members of the supervisory board of a stock company in a conflict with management
  • Commentary on Sec. 29, 32, 41, 42, 42a, 46 (1)-(1b) German Limited Liability Companies Act (GmbHG) – Accounting and Profit Distribution
    in: Hachmeister/Kahle/Mock/Schüppen (Eds.): Accounting law, 2017 (together with Falko Braun) (forthcoming) - (in German)
  • Can a stockholders’ meeting dismiss its chairman?
    NJW-Spezial 2016, 335-336 (together with Philipp Stein) - (in German)
  • The inhibition of the passing of stockholders’ resolutions by the chairman of the stockholders’ meeting and the stockholders’ opportunities to react thereto
    AG 2015, 696-708 - (in German)
  • The isolated request for judicial appointment of the chairman of a stockholders’ meeting
    EWiR 2015, 599-600 - (in German)
  • Commentary on Sec. 246a German Stock Corporation Act (AktG) - Procedure governing petitions for registration of contested resolutions of the stockholders’ meeting with the commercial register
    in: Heidel (Ed.), Stock corporation and capital markets law, 4. Edn., 2014 (in German)
  • Commentary on Sec. 311-318 German Stock Corporation Act (AktG) – Group law
    in: Heidel (Ed.), Stock corporation and capital markets law, 4. Edn. (together with Sebastian Schödel) - (in German)
  • No impact of the assessment of a majority of the stockholders on the court procedures verifying the adequacy of an offer for indemnifying minority shareholders (“Ergo/Victoria“)
    EWiR 2013, 703-704 (together with Sebastian Schödel) - (in German)
  • The invalidity of stockholders’ resolutions on the election of the supervisory board
    EWiR 2013, 333 (together with Sebastian Schödel) - (in German)
  • The obligation of the supervisory board members to conduct an independent risk analysis („Porsche/ Piech“)
    EWiR 2013, 229-230 (together with Thomas Heidel) - (in German)
  • The embezzlement of trust by members of the supervisory board by using billing methods with regard to attendance fees contrary to the articles of association
    EWiR 2013, 27-28 (together with Sebastian Schödel) - (in German)
  • The constitutionality of the “Macrotron-Priciples” concerning the delisting of stock corporations
    EWiR 2012, 483-484 - (in German)
  • The misuse of the right to challenge stockholders’ resolutions and the reformation of the German stock corporation law on defective stockholders’ resolutions
    Treatises on German and European Commercial and Business Law, Cologne 2012, 389 pages, reviewed by Vetter, NZG 2012, 773; Fleckner, WM 2012, 2122; Noack, Handelsblatt of 04.03.2013) - (in German)
  • The all-embrazing Jurisdiction of Californian courts – Case note on 433 F.3d 1199, 9.th. Cir. 2006 – “Yahoo! Inc. v. La Ligue International contre le Racisme et l’Antisemitisme (LICRA)”
    IPRax 2006, 292-297 (together with Eckart Gottschalk) - (in German)