Richard Nouvertné

Dr. Nouvertné is an attorney at law with Schlun & Elseven Rechtsanwälte PartG mbB. As a lawyer with many years of experience in the financial sector, he offers excellent legal advice and representation to both individuals and companies in all corporate and banking law matters. Insolvency law is a particular focus of his practice. Forestry law is another area in which Dr. Nouvertné possesses outstanding expertise and extensive experience.

Banking law

From banking contract law and money laundering to banking tax law and advising bank executives – attorney Dr. Nouvertné supports and advises you on all matters of banking law. As a former board member of a banking institution, he possesses many years of experience and outstanding expertise in this field of law.

Dr. Nouvertné's areas of expertise include legal advice and representation in cases of banking misconduct (e.g., incorrect loan termination, account management, or interest calculation), as well as the review of restructuring projects and loans. Loan collateral provided by the borrower often proves problematic, particularly when it involves unlawful mortgages or unconscionable guarantees. Violations of banking supervisory law can also give rise to claims for damages by the borrower against the financial institution.

Dr. Nouvertné generally endeavors first to settle banking disputes out of court and to develop a clear and practical solution that relieves bank customers not only financially, but also in terms of time.

Corporate law

Whether you are starting a business, expanding your company or drafting articles of association – Dr. Nouvertné is your reliable contact person for all corporate law matters.

As a highly competent legal advisor, he consistently ensures clarity in contract negotiations, particularly in legally complex loan and security agreements. His outstanding expertise also proves invaluable in restructurings and insolvencies, as well as in matters of consumer protection. Furthermore, the rights and obligations of managing directors, along with the issue of personal liability for board members, form a key focus of Dr. Nouvertné's consulting practice.

In legal disputes among shareholders , he provides competent and dedicated legal counsel – both out of court and, if necessary, in court. Dr. Nouvertné's clients include both internationally operating corporations and local businesses.

Insolvency law

Economic crises and insolvencies usually pose significant challenges for a company and necessitate the engagement of a competent legal specialist.

Dr. Nouvertné supports you as a creditor in preventing payment defaults by registering your claims in the insolvency proceedings in the correct form and on time, thus ensuring the protection of your interests.

Should you be facing payment difficulties, he can initially assist you with comprehensive advice regarding your personal and business financial situation. He will then handle negotiations with your creditors on your behalf. If this out-of-court attempt at debt settlement fails, Dr. Nouvertné will file an application for insolvency proceedings on your behalf, with the aim of paving the way to debt freedom through debt discharge.

Forestry law

Another focus of Dr. Nouvertné's consulting work is forestry law.

As an expert in forestry law, he represents forest owners , forestry operators, forest management associations, and forest cooperatives. As managing director of a forest owners' association, he is familiar with the economic and legal challenges of the industry, as well as with funding opportunities for forest owners in connection with EU law.

Regardless of whether it concerns support in applying for state aid, expropriation and other administrative law procedures, or the drafting of lease or usage agreements – Dr. Nouvertné is your reliable contact person for all forestry law matters.

Vita

After successfully completing his law studies at the University of Bonn, Dr. Nouvertné earned his doctorate with a dissertation on "Easements and Real Burdens as Security Instruments." As in-house counsel, he headed the legal and loan processing department of a credit institution for several years before ultimately assuming its market and board responsibilities. Furthermore, Dr. Nouvertné has served as an examiner for tax advisor and certified public accountant examinations for several years.

Publications

The creditor in the protective shield proceedings and in the reporting hearing of the plan insolvency proceedings , ZIP 2021, 558 ff;
The admissibility of risk-adjusted interest rate adjustment clauses in general terms and conditions , Sparkasse 2001, 422 ff;
Community solar power plant in the district of Heinsberg is a sustainable investment , Betriebswirtschaftliche Blätter 2009, 520 ff;
Are payer swaps suitable instruments in the mortgage business? Betriebswirtschaftliche Blätter 2009, 633ff;
Pitfalls in the legal nature of advisory sessions , Bank and Market 2010, 44 ff;
Security easements for investments on leased land , Betriebswirtschaftliche Blätter 2011, 223 ff;
Securing contractual rights of use through easements , BKR 2012, 52 ff;
The balancing of interests between bank and borrower in financial covenants , ZIP 2012, 2139 ff;
Long-term leasing of movable property subject to security assignment , BKR 2013, 414 ff;
Risk shifting to consumers in bank terms and conditions , BKR 2014, 496 ff;
Protection of legitimate expectations when the highest court's case law on bank terms and conditions changes? ZIP 2015, 1617 ff;
The negligent failure to report suspected money laundering in online banking , WM 2017, 1544 ff.

Practice Areas

Banking Law

Insolvency Law

Corporate Law

Forestry Law