Partner, German Attorney at Law, Certified Specialist for Tax Law
Johannes Fein is a partner at WINHELLER and heads the team 'Nonprofit Organizations', which advises and represents nonprofit associations and federations, business and professional associations, nonprofit limited liability companies and cooperatives as well as foundations. His clients also include public authorities and religious communities of all kinds in the form of associations and religious communities recognized as public law bodies.
Johannes Fein advises his clients on all relevant legal and tax law issues and on nonprofit law. He is an experienced advisor in complex issues of association law and statutes, prepares expert opinions and revises and updates internal organizational structures, especially in large associations and federations.
In corporate law, he advises on the formation of companies and the choice of legal form - in particular the choice of the appropriate nonprofit legal entity -, on shareholder disputes, on the holding of shareholders' meetings, general meetings and membership meetings, on liability issues of managing directors and board members as well as on corporate transactions and restructurings.
In addition, Johannes Fein advises sports clubs, sports associations and sponsors in all matters of sports law, in particular in matters of the law of associations and federations, tax law, the drafting of sponsoring agreements and advertising agency agreements.
Johannes Fein advises nonprofit organizations both out of court and in court, e.g. in membership disputes and membership exclusion proceedings and in disputes with the tax authorities.
Johannes Fein studied law at the Johannes Gutenberg University in Mainz with a focus on capital market and corporate law as well as tax law. He has been with WINHELLER since 2014. Prior to that, he worked for two years at Dornbach GmbH Rechtsanwaltsgesellschaft in the area of tax law and corporate law.
In his free time, he is active in sports, especially in swimming and in the mountains. He is married and has one daughter.
Associations and Volunteering
- German Bar Association
- Sports Law Group of the German Bar Association
- Wirtschaftsjunioren bei der IHK Frankfurt am Main e.V.
- Ahmadiyya Muslim Jamaat Deutschland KdöR
Consultative legal services as well as representation of the client in court, including exclusion of members, legal advice and representation in terms of press law, contract drafting regarding internal rules of the church, wage tax and social insurance counseling as well as advice on trademark law and the law of associations
- Compagnie de SAINT-GOBAIN
Comprehensive legal advice on property issues as well as on the law of associations. The core element of this mandate is the expansion of a relief fund as well as the formation of reserves.
- Euromot (European Association of Internal Combustion Engine Manufacturers)
Advice and assistance on a cross-border change of the legal form from a German association to a Belgian AISBL
- Flyeralarm GmbH
Legal advice concerning German payment service regulation and drafting of contracts in order to avoid the operation of remittance transactions requiring supervision
- Hessischer Verband für Gehörlose und hörbehinderte Menschen e.V.
Legal advice on restructuring and ongoing accountancy
- Paritätischer Wohlfahrtsverband e.V.
Advice on exclusion of a member and preparation of a members' meeting
- Winheller / Geibel / Jachmann-Michel (Hrsg.): Gesamtes Gemeinnützigkeitsrecht, 3. Aufl. (erscheint voraussichtlich 2023), § 52 Abs. 2 Nr. 14 bis 25 AO, § 58 Nr. 8 AO, § 67a AO
- Böttcher / Habighorst / Schulte (Hrsg.): Umwandlungsrecht, 3. Aufl. (erscheint voraussichtlich 2023), §§ 161-173 UmwG
- Steuerrecht der NPOs: Deutschland und Österreich im Vergleich, Johannes Fein und Andreas Lummerstorfer, Handbuch für Nonprofit-Organisationen, 6. Aufl., 12/2022, S. 169ff.
Recent blog posts Johannes Fein
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