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In Search of Excellence: Law – Made in Germany

For Benno's article

Let me ask you as I close, to lift your eyes beyond the dangers of today to the hopes of tomorrow, beyond the freedom merely of this city of Berlin, or your country of Germany, to the advance of freedom everywhere, beyond the wall, to the day of peace with justice; beyond yourselves, and ourselves, to all mankind. Freedom is indivisible, and when one man is enslaved, all are not free. When all are free, then we can look forward to that day when this city will be joined as one and this country and this great continent of Europe in a peaceful and hopeful globe.**[su_spacer]

[su_dropcap style=”flat”]A[/su_dropcap]LLES, WAS du suchst! The Phoenix of Europe; born anew from flames and ruins, Berlin is in your heart from the very moment you think of coming here. And then.. it is different! Different from what you thought. Different from what you could have imagined! Different! Why Berlin? Ask millions of tourists that come here to feel the touch of the history and the spirit of the future!

Berliners, those, born here in Berlin’s most tragic times and those who were climbing over the Wall, risking and losing their lives in thousands; those that celebrated with delight and tears the fall of the monster of the cold war or the younger generation. Berliners think Berlin, sing Berlin, love Berlin, live in Berlin, design Berlin, create Berlin, dream Berlin and even drink ‘Berliner Pilsner’ Berlin, du bist so wunderbar! Berliners travel, work abroad, fly around the globe with a return ticket back home! Nach Berlin!

The year 1989 marked the world’s maps and the history forever. The year when The Berlin Wall came down and the new re-united Germany was re-gained! Ten years old German boy back in 1989, and ‘der Große Stern’* of Berlin today. The most Benno!!!generous, the most talented, the most caring, the most elegant, the noblest, artistically gifted, the diplomat to the highest degree! The most German attorney at law! Dr. Benno A. Packi is a hero of my story today.

I was granted a rare privilege to meet Benno via LinkedIn; to get to know him personally in 2012; and now, I could not have chosen more difficult task as trying to write about one of the Berliners, without whom Berlin could have been the last destination for me and the last place to call home. This is as true as the fact that I thought of writing a short #ThankYourMentor essay many times and I was never courageous enough to even start. Now, please, judge me not because I am writing these lines with my eyes covered with tears. Even though the spring is smiling in my windows.

Time and/or extreme circumstances –theoretically; potentially– might have the power to create strong bond between people who meet by a chance and later become trusted associates. For me in Berlin there was a tragedy to overcome and learn how to live with it and the aftermath. Benno was the first and the only professional who stepped into unknown without the smallest doubt. Since that moment, he never let the reality independent of us and problems, created by others, crash my life.

Working on our joined ideas that will soon turn to projects, Dr. Packi demonstrates patiently the highest persistence. He shares with me, drop by drop, the hidden beauty of the Rule of Law. Benno exhibits convincingly the necessity to accept, follow and enjoy the results of understanding and impact of applying, following, creating a big picture based on power of knowledge. In a time of unprecedented change here in Berlin and all over the globe, Benno’s focus is on the intersection of economics, law and strategic decision making in agilely changing entrepreneurial ecosystem of Germany.

Disruptive shifts in technology, societal expectations, and economic patterns are creating instabilities that are directly impacting decision making as well as the application of corporate law. Based in the heart of Europe, Dr. Benno A. Packi is always informed of the latest changed of law and its applications, and he is strategically reachable for his clients and business associates. One of the country’s youngest PhD at Law, Benno A. Packi represents its best and brightest! Trustworthy, loyal, helpful, friendly, courteous, kind, determined Dr. Packi instills confidence in his clients. Perfectionist! He does his homework!

It is NOT 09 – 17 work.. nor is it any other : from and to.. Clients can call Benno at midnight and early in the morning if or when matters are urgent. Benno gladly shares his knowledge with entrepreneurs, with owners of the Mittelstand (Initiator and head of the Discussion Circle Corporate Succession of the German Association of Medium-Sized Companies (BVMW), region Berlin-Brandenburg), at one of the Rotary Clubs of Berlin (Co-initiator und founder member of the Rotary Club Berlin-Friedrichstrasse i.G.) as well as around Germany when he travels to attend or speak at the conferences, meetings and other events.

Unlike with the Experimental Economics, there is no and cannot be the Experimental Law. Not in Germany! Learning constantly, applying and sharing the best of his skills, Dr. Benno A. Packi’s publications reach his international audience from pages of: (quote)

“Information requirements of banks for the distribution of investment products, juris PraxisReport Handels- und Gesellschaftsrecht 8/2014, no. 1

Purchase price adjustment in M&A transactions (translation of the German title: “Variabler Kaufpreis bei M&A-Transaktionen”), juris PraxisReport Handels- und Gesellschaftsrecht 11/2013, no. 5

Mergers & Acquisitions, Annual Review 2013, Financier Worldwide 2013, p. 16-19

Scope of judicial control of a pre-merger squeeze-out of minority shareholder (translation of the German title: “Inhaltliche Kontrollmöglichkeiten bei Durchführung des umwandlungsrechtlichen Squeeze-out”), ZGR 2011, 776-809

The sale of a company’s entire assets (translation of the German title: “Die Veräußerung des ganzen Gesellschaftsvermögens”), 2011, 325 pages

Corporate reorganization law in relation to the regulations of specific fields of law (translation of the German title: “Verhältnis der Umstrukturierung nach UmwG zu Bestimmungen des jeweiligen Fachrechts”), juris PraxisReport Handels- und Gesellschaftsrecht 4/2010, no. 3 “

I will take a liberty to quote Dr. Benno A. Packi’s law firm presentation in order to assure professional wording here: Dr. Packi – Professional Experience (Extract). “Capital increase of a stock corporation by way of authorized capital; Advising a creditor in the insolvency proceeding of a mid-sized company while an insolvency plan has been set up; Financing rounds of mid-sized companies; Squeeze-out of the minority shareholders of a listed stock corporation in the pharmaceutical industry (a company worth EUR 444 million); Formation of joint venture between a Spanish and a Dutch group of companies with German affiliates by way of an asset deal; Restructuring of family-owned commercial partnership; Restructuring of listed stock corporation by way of a spin-off of a separable operating unit by way of an asset deal; Acquisition of mid-sized company by way of an asset deal; Restructuring of listed stock corporation; Partial privatization: acquisition of a stake of 49.9% in a municipal energy supplier (a stake worth EUR 520 million); Merger of two listed stock corporations by way of a merger of equals.”

jfk

You see things that are and ask ‘Why?’ But I dream things that never were, and I ask ‘Why not?[su_spacer]

Surrounded by die Übermensch of German history, philosophy and science at his Father’s library since early childhood, at libraries of schools and Universities, books are the sizeable part of his life and time invested. ‘Conquer the domination of technology in your life. Don’t let it use you. Daily noise from TV screens, from online pages, that eliminates your attention cannot return you to the origin. A book from your family’s library will’, shares his thoughts Benno.

Skiing in Austrian Alps or swimming in the Mediterranean, enjoying seafood while watching the sunset or dreaming under the starry sky in Italy, Spain or Greece, Benno’s return ticket ‘nach Berlin’ always brings him back to his family’s table and cozy armchair by the fireplace (in winter).

‘In a desynchronized world of corporate ecosystem the Rule of Law must and will prevail. I believe that every win, big or small, is a sign of success! To assure long-lasting and more permanent results, think strategically, act with confidence, create an innovation culture in your organisation, strive to make intelligent decisions, aim excellence’, smiles Dr. Packi. ‘Remember, the twenty-first century is a different time with different rules and paradigms. Do not think in unshaded black and white. Allow yourself return to basics. At least time to time.’

Did not I burn every minute that he granted me during more than three years? Maybe not! Maybe he strategically planted his time into the mind of a grateful future business associate? The most successful people created the environment that allowed them to succeed. So does Dr. Benno A. Packi.

Where do we go from here? Smiling now.. Maybe to Benno’s Birthday Party on Saturday, March 26th?

The big stage of infinite success is your nearest future, dear Benno! In any role you choose! The sky is the limit for you! Because of your outstanding professionalism! Because of the beauty of your exceptional personality! Because the way you relate with people. Because Berlin is a part of your heart! And the Unter den Linden boulevard is your red carpet! Happy Birthday, Dear Benno! Thank you for including me in your journey, and I hope we stay associated for many years in future.

“Two thousand years ago the proudest boast was: »Civis Romanus sum«. Today, in the world of freedom, the proudest boast is: »Ich bin ein Berliner«.”**

* The Große Stern (Great Star) is the central square of the Großer Tiergarten park in Berlin, in which is sited the Berlin Victory Column

**John F. Kennedy on June 26th, 1963

Ludmila Morozova-Buss
Ludmila Morozova-Busshttps://twitter.com/TopCyberNews
LIKE MOST PEOPLE Ludmila's resume is something less than a straight line. In fact it resembles a long country road with many turns, which in this case, is a good thing, as it includes 20+ years of professional experience in a number of different cultures in Europe, Asia, and the Unites States of America. Equipped with an MS in Mathematics, her personal life philosophy and career shifted after two pivotal events, obtaining a Certification in "Banking and Financial Management” at the Economic Development Institute of the World Bank, Washington, DC and; her first trip to the United States of America in 1996. Sitting in the front row of her life or taking a train in the opposite direction, Ludmila lets U-turns, contrasts and detours bring her thoughts into perspective. As a world traveler the East, West and South influenced and shaped her character and her beliefs along with her professional and human qualities. Tornados and stillness of events. Heat of Tashkent and cold of Moscow. Extremes of fears and tears and joys of finding the only right decisions of Mathematical Analysis problems and looking at the eyes of her beloved children… Ludmila is a Ukrainian native, living in Berlin, Germany. As the World’s news shaker for Europe for centuries, Germany now is the center of attention again. Which is why Ludmila steps into the stream of the news – believing that the facts speak the most precisely and the most convincingly. Her promise is for us all to get to know these facts from her first-hand perspective across Germany. With no political or religious affiliation in Germany, Ludmila’s interests intersect in business strategy, education, technology, entrepreneurship, markets and the rule of law. In this series of short essays, she welcomes everyone’s perception of success.

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