Attorney-At-Law Dr. Andreas Schwörer
Specialist Tax Solicitor, Certified Advisor for International Tax Law
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Terms of Business:
The professional fee of a german attorney is regulated by the federal attorney´s fee law (Rechtsanwaltsvergütungsgesetz). This law is identical to all attorneys. The civil code is partially applicable as well.
Decisive for the extent of an attorney fee are:
- the legal complexity,
- the temporal effort,
- the value in litigation or your financial interest.
The location of the lawyer´s branch and the location of litigation are other fee determining factors.

General Mandate Terms of Dr. Andreas Schwörer

General Mandate Terms of Dr. Andreas Schwörer

§ 1 Mandate Agreement
I These general mandate terms apply for all mandates mandated by the client, notably for any engagement, giving advice, providing information, procuring a business or conducting of a case between Dr. Schwörer and a client.
These general mandate terms apply for all companies, which may be represented by the signatory of these terms. These terms apply also for files and mandates started before these terms are signed. These Terms can be amended for concrete cases.
II These general mandate terms apply for all current and future agreements, without any necessity for reference to them to be repeated.
III This agreement applies also so far as the legal service fades into the background. This may take place for example in the following cases: if the service contains in whole or partly economic advice or economic psychological advice or if the service is of mediative nature or the service is a trustee, escrow, facilitation or a brokerage service. This applies particularly regarding the cross border freedom to provide service.
IV Any engegement is awarded independend of a cost absorption of a third party like an insurance.

§ 2 Comprehension of mandate and remuneration agreement
I A provision of an individually negotiated agreement prevails, as far as this individual provision contains such a provision, which varies from the provisions of this agreement. An individual agreement replaces this agreement only completely, if this agreement is expressively and comprehensively waived.
II This agreement replaces all and every written or oral agreement, which was concluded before this agreement entered into effect. This agreement governs conclusive the mandate-client relationship of Dr. Schwörer and a client, unless a written addendum is agreed or unless a promise is given
advantaging Dr. Schwörer.
III Business terms of a client do not apply, unless agreed otherwise in writing.

§ 3 Scope of Mandate
I Purpose of the mandate is an agreed service and not the performance of a certain success.
II Information, Advice and explanation are only compulsory upon a written affirmation.
III Dr. Schwörer handles a mandate only from the perspective of the European law and the international and supranational law which applies in Europe.
IV The rights of the mandate relationship which are due to a client can only be assigned with prior consent of Dr. Schwörer.

V Dr. Schwörer is eligible to count on the correctness and completeness of the data submitted by a client. Dr. Schwörer is not obliged to verify the submitted data. However, Dr. Schwörer is entitled to verify the data submitted by a client.
VI Dr. Schwörer is authorized to give a sub-power of attorney.
The Client undertakes to treat confidentially all written documents (expert opinions, memorandums, etc.) provided to him or her and will not pass them on or reveal their content to third parties unless Dr. Schwörer´s prior written approval has been obtained. The Client may allow an expert bound by professional secrecy rules who is advising him or her in the same matter access to documents provided by Dr. Schwörer, even without Dr. Schwörer´s prior approval, if the client has placed such expert under an obligation to treat the documents confidentially.

§ 4 Liability, Limitation of Liability
I The attorney at law is liable to the client for deliberately caused damages, unconcerned about which legal basis.
II The liability of Dr. Schwörer by the relationship to the client for indemnity by ordinary or slight negligence is hereby limited to 1.000.000 Euro in each matter and to 2.500.000 € in a year. Any comment in regards to non-European law is non- committal and given without any liability.
III The liability for gross negligence is not comprehended by the previous provision. The parties wish to avoid ambiguities and controversies concerning these vague legal terms:

Hereto and concerning to an individual contractual agreement the parties debated and finally agreed upon the following:

The liability shall be limited to 1.000.000 € in case a mistake in advise - or any service mentioned in § 1 of this agreement - is based on gross negligence.

For non legal services (trustee escrow and facilitation) the liability amount guaranteed of 1.000.000 € is substituted by the amount of 1.000 €.

Beyond that, it shall be straightened out that Dr. Schwörer is unlimitedly liable for any willful injury.
IV Dr. Schwörer offers the option to conclude an additional and therefore higher indemnity insurance, as long as the client commits to bear the higher insurance costs.

§ 5 Correspondence and data privacy
I Dr. Schwörer may communicate by email with the client and a third party. Dr. Schwörer indicates that such electronic data transfer via the internet is unsecure concerning confidentiality. Dr. Schwörer offers encrypted communication by email with PGP.
II Dr. Schwörer may collect, save and use disclosed private data within the purpose of the mandate according to privacy laws.
The client has no right to record telephone communication (e.g.: calls, skype calls, video calls, shared screen view, etc).

§ 6 Assignment for security, offsetting with due claims
I The client assigns all claims of reimbursements of expenses for security to Dr. Schwörer with entitling Dr. Schwörer to indicate the assignment to the payer on behalf of the client. Dr. Schwörer will not collect the claim, as long as the client serves his/ her payment obligations.
II Dr. Schwörer may offset incoming reimbursement and other amounts in favor of the client with due remuneration fee amounts, as far this is permitted by law.

§ 7 Applicable law and venue
This agreement and terms shall be governed by and construed in accordance with the laws of Germany. If the English legal meaning differs from the German legal meaning of this agreement and its terms, the German meaning shall prevail. All contractual relationships of the parties shall be governed exclusively by german law without those provisions of the german international private law referring to the law of another state. The venue is Rastatt. Dr. Schwörer is entitled to sue the client at his/her legal domicile.

§ 8 Severability clause
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement. Any ineffective provision shall be substituted by such a provision of German law, which comes economically as close as possible to the ineffective provision.
If the client has his place of business outside Germany, a provision of this agreement which is void or unenforceable according to German law shall alternatively be valid and enforceable according to the law of the state where the client has his place of business, if the effect is more favorable for Dr. Schwörer that a substituted provision in German law. In such a case, the parties are obliged to precipitate a compromise. Without achieving a compromise a court shall determine an effective provision.

Remuneration Terms
Legal  SERVICES – non trustee services
I In private, public, administrative or tax law a remuneration is due according to the value of the matter and the german federal law for fees for attorney at law. In tax files the fee is due according to the german tax advisor remuneration law, if thereafter the fee is higher than according to the attorney at law remuneration law.
II In matters of criminal law (also tax evasion law) or international tax law the remuneration is 75 € per each commenced 15 minutes, except where the remuneration according to the German federal law for attorney remuneration fee or according to the German federal law for tax advisors fee is higher.
III If the service is exercised in regards to the law of another state or on the territory of another state, the fee is double as high as for cases in German law practised in Germany.
IV As long as and as far as Dr. Schwörer has not received an advance money, Dr. Schwörer is entitled but not obliged to start performing a service.

I The fee is 2% (TWO percent) of the received money, funds or assets.
This applies for funds going into and staying in ownership of the client, e.g. for consultations and facilitation services, including facilitation sub fee pay out.
II -------------------------- FULL TEXT ONLY FOR CLIENTS ------------------------------
III The fees are due with receipt of the money on an account of the trustee.
If the first money is received later than one month after signing of this contract, then the fee of a multi tranche transaction is due with the first tranche for the complete transaction.
IV Outgoing transfers are limited to 10 transfers per incoming transfer and per 10 MIO €. The yearly renewal fee is 1%  for non withdrawn funds.
V If and to the extent Dr. Schwörer facilitates goods or rights, which are sold by third party, a fee of 1% of the market value is hereby stipulated. This 1% is the half of the fee according to § 99 HGB (HGB: German commercial law book). -- For escrow service a fee of 4% of total transaction volume is stipulated. -- For facilitation of high yield return programs a success based fee of 10% is stipulated.
VI For out of office services of section B services the approximate travel expenses plus 500 € a day for out of office service are to be paid in advance success independent. 

C General Fee Terms
I Several clients are liable to Dr. Schwörer for the remuneration in a repective matter as joint debtors. Legal separate agreements or files are separately remunerated. Reclamations against an invoice are precluded after two weeks from receipt of the invoice, if the client is an entrepreneur. Reclamations have to be brought within two weeks from receipt of the invoice in written form, otherwise the client carries the burden of proof, that the invoice is incorrect. If the invoice is not paid within two weeks after date of issuance, the amount of the invoice may be changed. If a fee is due according to different sections of this agreement, then always the respective highest fee is stipulated.
II The remuneration is due with recipience of the invoice and payable within 14 days as from the date of invoice.
III Dr. Schwörer may charge a proper advance money and may invoice monthly. If the client mandates Dr. Schwörer only in regards to a part value of a coherent mandate (advise or transaction), Dr. Schwörer can charge his fee in regards to the whole value.
IV To the above fees the following fees are added and such fees are due according to part 7 of the attorney at law remuneration law in Germany: which are notably travel expenses, external bank fees (eventually negative interest), VAT (Value added tax). Car travel costs are charged with 0,50 €/ km. The client is hereby informed that even in the case of a judicial recovery only 0,30 €/km is reimbursable by the defeated party. If Dr. Schwörer keeps further appointments on a business trip, the client may not shorten the remuneration of the travel expenses.
V The general mandate terms of Dr Andreas Schwörer are a supplement of this agreement.