Area of expertise

Start-up consulting

• How do I develop a clear and sustainable business strategy for my company?
• Which legal form is the best choice for my company for legal and tax reasons?
• How do I create a realistic business plan that will convince investors and banks?
• What should I consider when hiring employees and building a corporate culture?
• How do I formulate a company vision and mission?

Marketing and sales consulting

• How do I develop an effective marketing strategy that reaches my target group?
• How can I optimally position my product or service to stand out from the competition?
• Which digital marketing strategies are particularly suitable for my company?
• What measures of influence can I take to persuade stakeholders to take an intended action – keyword nudging?
• How do I measure and evaluate the success of my marketing and sales measures in order to continuously optimize my strategies?

Reorganization consulting

• How do I analyze the current economic situation of my company and identify possible optimization needs?
• How do I optimize my internal processes to increase efficiency and profitability in the long term?
• What legal conditions and obligations do I have to consider when restructuring a company in financial distress?
• What communication strategy should I pursue with employees, customers and creditors during a reorganization?
• How do I optimize my internal processes to increase efficiency and profitability in the long term?

Reasons for Schmelz lawfirm

• Our partner Dorian Schmelz is not only an attorney, but also the owner of a business consultancy and business organization. While many management consultants advertise their impressive theoretical knowledge, they lack one thing above all: having built a company themselves.
• We founded our company in 2015 as a two-wo/man operation and achieved a black zero in the first year of our activity. Within the following ten years, we were able to increase our staff tenfold and our turnover eightfold.
• We know the challenges and hurdles that entrepreneurs face not only from books and lectures, but from our own experience: the struggle against bureaucratic hurdles, frustrating disputes with the tax authorities, employees from the baby boomer generation as well as those from Generation Z, the constant rollercoaster between euphoria and existential fear.

We bring clarity to the chaos and get to the heart of your business.

Independent investment advice and asset management

• How can I preserve my wealth in the long term in times of inflation and economic uncertainty?
• Which asset classes are best suited for investing my assets in view of my specific life situation?
• Who can I trust unreservedly, both professionally and personally, when I need advice on the best possible investment of my assets?

Planning asset succession between generations

• How can I minimize the tax burden by planning the transfer of my assets to the next generation in advance?
• Can charitable organizations be included in a beneficial way in my estate planning?
• How do I ensure that the assets of my minor children are carefully managed until they come of age?

Asset protection

• What measures can I take to protect my assets from unwanted access by third parties?
• How can I separate my private assets from my business assets in order to better control business risks?
• How can I ensure that my assets endure over the long term and across generations?

About us Schmelz Rechtsanwälte OG

• Unless you are a private client with a fortune in the seven figures, you will generally be looked after by a bank adviser who earns an average income and has his savings in a simple bank account. Nothing against your bank adviser – but would you board a jumbo jet with a clear conscience if your pilot only flies small planes?
• We manage our clients' assets on a fiduciary basis. We also advise our clients on how to structure and invest their assets optimally, taking their individual needs into account. In doing so, we do and recommend with the greatest conviction what we have not only learned in theory, but have also successfully implemented in practice with our own assets.
• We design and establish structures in which your assets are passed on from generation to generation in a tax-efficient manner.

For founders of NGOs and NPOs

• What advantages does the Austrian association have over the German association?
• How should statutes be drafted to optimize the legal and tax situation?
• Many associations are charitable. What does that mean?
• When setting up an association, I repeatedly receive requests from the association authorities for improvements. Can a lawyer help me to speed up the process of setting up the association?

For members of NGOs and NPOs

• How can I assert my rights in the general meeting?
• Can I sell “my association”?
• How can I defend myself against my expulsion as a member of an association?
• The association's internal arbitration court is already taking what feels like an eternity. Is it possible to take the matter to the state courts?

For board members

• How do I best deal with querulous members of the association?
• Which expenses will the association reimburse to me and which ones do I have to bear myself?
• What are the consequences of violating the tax requirements for non-profit or charitable status?
• Who will support me in defending against any potential board liability?

For international organizations

Austria is considered to be one of the hubs of international diplomacy, apron diplomacy and conferences. Vienna is known as the headquarters of influential international organizations such as the UN, IAEA and OSCE. One of the relevant legal bases for the activities of such international institutions is the Host State Law (Amtssitzgesetz; in long form: Federal Act to Strengthen Austria as an International Official Residence and Conference Location), which aims to promote the establishment and activities of international institutions and international non-governmental organizations, as well as the holding of international conferences in Austria.

You have never heard of the Host State Law before? No wonder: most lawyers haven't either. It is a specialized field that is neither taught at university nor practiced in most law firms. We advise more than a third of all Austrian quasi-international organizations and have extensive experience in establishing Austrian structures and the best possible location for international researchers, scientists and diplomats.

Why Schmelz lawfirm?

• We represent a large number of associations and board members: from allotment garden associations and educational institutions to internationally active NPOs with budgets in the millions. Benefit from our many years of experience in designing legally and fiscally optimized association structures.
• As a partner of npoAustria, an organization affiliated with the Vienna University of Economics and Business that networks and shares knowledge between associations, we have connections to both: science and practice.
• International non-governmental organizations and quasi-international organizations can benefit from our expertise in a small but significant niche of Austrian law, the Host State Law.

NGOs and NPOs: Strongly associated with us.

For Entrepreneurs and Managing Directors

• Who can help me set up my company - quickly, efficiently and inexpensively?
• As a managing director, I am given instructions that could have considerable disadvantages. Do I still have to follow these instructions or am I at risk of directors' liability?
• What is the best way to defend myself in a shareholder dispute?

For Entrepreneurs and Commercial Agents

• I have a great business idea. Which legal form is best suited to implementing my ideas?
• How do I have to design my website so that it is legally compliant and there is no risk of administrative penalties?
• I worked in sales for a company and acquired a lot of customers. What about my compensation claim as a commercial agent?

For Tradesmen

• In my spare time, I occasionally program websites for friends. Do I already need a trade license for this?
• Do I need a certificate of competence under the Trade, Commerce and Industry Regulation Act to carry out my intended trade?
• What are the requirements for being appointed managing director of a company under trade law?

Reasons for Schmelz lawfirm

•  Thanks to our many years of experience in a large Viennese commercial law firm, we have extensive expertise in advising companies of all sizes: We are just as familiar with the problems of young entrepreneurs and start-ups as we are with those of established entrepreneurs, with those of EPUs and SMEs as well as those of large corporations.
• Together with our network partners, we offer entrepreneurs one-stop-shop solutions: You deliver your problem to us, we deliver a complete solution package.
• Our partner Dorian Schmelz passes on his know-how and practical experience as co-author of the specialist book "partnerships in case studiespartnerships in case studies" and the knowledge platform "corporate law online".

The keypoint is sound consultancy.

For Victims

• I was the victim of a sexual offense. Do I have to face my abuser again in court?
• What are the advantages of a private party connection?
• I am being stalked. What is the best way to defend myself?

For Suspects, Accused and Defendants

• Due to carelessness, I caused a traffic accident with personal injury. I have now been informed that criminal proceedings have been initiated against me. How do I get out of this?
• I have been summoned by the police for questioning. Who will be my legal representation at this hearing?
• What consequences will a conviction have for my job?

Reasons for Schmelz lawfirm

• Becoming a victim of a crime can be traumatizing. We support you in these difficult times and exercise your rights as a victim representative.
• We advise people who are suspected of having committed a crime. Anyone who thinks that only serious criminals come into contact with criminal law is mistaken. It is often small things that can have serious consequences: Unfounded criminal complaints among quarrelling neighbors, a student caught smoking a joint, less than intelligent tests of courage among teenagers - and the public prosecutor comes knocking.
• The line between creative legal design and abuse of the law is sometimes blurred. Entrepreneurs who want to be on the safe side when designing complex constructs have come to the right place: we provide companies with comprehensive support and economic understanding.

Together we work through your indictmentpoints.

Marriage and partnering

• What is the difference between a marriage and a registered partnership?
• Does it make sense for us to conclude a marriage contract?
• What should we arrange if we are not only a couple in our private lives, but also run a business together?
• We are buying an apartment together. What happens if we separate one day?

Separation and divorce

• My partner and I have grown apart. What do we have to consider in the event of a separation?
• What maintenance do I get if we separate? What if we get divorced?
• How does an amicable divorce work? What do I need to arrange as part of a divorce settlement agreement?
• Help me, divorce war! How do I get out of this? I need a divorce lawyer fast!

Children’s Law

•  We are getting divorced. What do we need to arrange regarding our children?
• I want sole custody. What do I do to get custody?
• What if my partner and I have or want to keep joint custody?
• How much alimony do I have to pay my child? What can I do if my income situation changes? When does my child become self-supporting?

Reasons for Schmelz lawfirm

• Divorce proceedings with all their consequences - from contact with your own child to the division of marital assets - are a highly emotional matter. It is not always easy for those involved to see the wood for the trees. We help you to get a clear view again.
• At the latest when it comes to deciding on custody of joint children, the emotions are bound to run high. This is usually felt not only by both parents, but also by their children. We will guide you through stormy times.
• Our partner Eva Schmelz is one of the next generation of family law and divorce lawyers in Vienna and the surrounding area. She is also the author of the well-known guidebook "Separated Parents - Shared Children: A Guide for Single Mothers and Fathers". She is at your side with help and advice: energetic and determined, but also humane and understanding.

Let’s pinpoint exactly what you are entitled to.

For Creators of Wills and Codicils

• What are the formal requirements for drawing up a will or codicil?
• Does it make sense to register my last will and testament in the register of wills kept by Austrian lawyers?
• Does my spouse have inheritance rights, even if we have already separated? And what about my new partner?
• What are the advantages and disadvantages of dividing my assets among my next of kin during my lifetime?

For Heirs, Persons entitled to a Statutory Share and Legatees

• My spouse has died. Do I now have to move out of our marital home? And what happens to all the household effects?
• Do I have to pay inheritance tax or gift tax as a descendant?
• What do I do if I have been passed over as an heir? Who will file an inheritance law suit or an inheritance lawsuit for me?
• How do I assert my claim to a compulsory portion? Who will represent me if I bring an action for a compulsory portion?

For patients and those wanting to take precautions

• I want to die with dignity and refuse to be kept on life support for years. How do I formulate a living will that pursues this goal?
• My descendants should not run the risk of falling out over my assets. How can I plan my estate succession in advance?
• If the worst comes to the worst, I would like to be represented by someone I trust. Who will draw up an appropriate power of attorney for me?

For people with mental disorders and their relatives

• I would like to act as my parents' elected adult representative. What action do I need to take?
• It seems that relatives are taking advantage of a relative with dementia. How can I take action against this?
• I am looking for a professional and independent adult representative (formerly: guardian) for a loved one, who will take care of my contact with the authorities and social insurance providers, has experience in asset management and is not impressed by personal attacks from other relatives.

For residents and operators of retirement and nursing homes

• Who checks my care home contract before I sign it?
• As a resident, do I still have to pay the home fees even if I am on vacation or in hospital?
• Under what conditions are measures that restrict freedom, such as cribs, permissible?

Reasons for Schmelz lawfirm

• We advise and support you in planning your estate succession and work with you to draw up your last will and testament: So that your possessions are divided fairly and unpleasant inheritance disputes do not arise in the first place.
• Sometimes it can make sense to set up a foundation, for example if large assets are to be pooled across generations. At the same time, the disadvantages of lengthy probate proceedings can be largely avoided. Let us advise you on the details.
• Our partner Dorian Schmelz is co-author of the "representation and accommodation manual", a practical guide to issues relating to care law, adult representation, residential care and accommodation, nursing home contract law and have both theoretical knowledge and practical experience in these areas.

Be and remain the central point.

Mediation: Alternative dispute resolution under the mediation of a neutral person

Especially when parties have to get along in the future - such as former spouses with children together or entrepreneurs in a business relationship - maintaining a relationship of trust is a valuable asset that can be destroyed by dirty court proceedings. Dispute resolution through mediation is often more advantageous in such cases.

The aim of mediation is to resolve a conflict by concluding a binding, forward-looking agreement between the participants. In contrast to court proceedings, the focus is not on the question of whether the parties are at fault. Instead, the aim is to resolve a conflict in an unbureaucratic, flexible and confidential manner. This is facilitated by a mediator who assumes a neutral, mediating role and supports the parties on their way to a joint solution.

Professional negotiator: The cool head in heated situations

When you think of negotiations in German-speaking countries, you immediately think of walking through an oriental bazaar. Yet negotiations are everyday processes: Mostly of modest importance, sometimes of very great significance - for example, if you want to buy or sell a property or a company or settle a muddled court case at the green table.

While it is common in the Anglo-American world to be advised and coached or even represented by professional negotiators in such important negotiation situations, this is still the exception in German-speaking countries. The involvement of an external negotiator has many advantages: they are trained in rhetoric and negotiation psychology and act primarily rationally rather than emotionally. While a mediator is neutral, a professional negotiator is partisan: he is not only literally behind you, but figuratively in front of you in order to maximize your personal success. In this respect, mediation and negotiation offer overlaps and similarities, but differ significantly in some respects.

Reasons for Schmelz lawfirm

• Mediation offers the opportunity to avoid long and nerve-wracking court proceedings that leave scorched earth behind and instead create win-win situations. Our partner Eva Schmelz is a trained mediator and has many years of experience in the alternative resolution of conflicts, particularly in intra-family and relationship settings. She will be happy to support you if you need a neutral mediator to reconcile conflicting interests.
• Would you like to tap into the knowledge of top American and British universities in order to prepare for an important negotiation in a structured way and receive coaching for it - or would you like to bring in an experienced, clear-thinking negotiator? Then our partner Dorian Schmelz can help you.

Let’s find connection points.

For Buyers and Sellers of Real Estate

• Which purchase price is appropriate?
• Who will draw up (or check) my purchase offer quickly?
• Who will draw up a purchase contract that protects me and accompany my house purchase as a trustee?
• Land transfer tax, registration fees and real estate income tax can amount to many thousands of euros. How can I minimize my tax burden?

Reasons for Schmelz lawfirm

• Real estate law is our core competence. Our clients include property managers and real estate agents as well as private individuals.
• We offer to accompany the entire buying or selling process: By attending viewings, preparing indicative valuations, conducting price negotiations for you and checking purchase offers. Most lawyers and notaries only start their work after all these steps have been taken - when the scope for action is very limited and many mistakes can no longer be corrected.
• Our partner Dorian Schmelz passes on his extensive specialist knowledge as a lecturer in the postgraduate course in "Real Estate Management" at Middlesex University (London) - and is therefore in constant contact with practitioners in the real estate sector: with administrators and estate agents as well as bankers and economists.
• Our expertise in the field of real estate law has received several awards: Most recently with the ACQ5 Global Awards 2023, 2022, 2021, 2020 and 2019 as "Austrian Boutique Real Estate Law Firm" and "Austrian Tenancy Law Firm" of the year as well as with the CorporateINTL Global Awards 2023, 2022, 2021 and 2020 as "Austrian Tenancy Law Firm" of the year.

Finding a way to your new point of residence.