Transfer of business – proportionate transfer of an employment relationship to several acquirers?
When businesses or parts of businesses are transferred, there is regularly an “automatic” transfer of existing employment relationships to the acquirer. The transfer of employment relationships on the occasion of a transfer of business is of great practical relevance and repeatedly the subject of court decisions. In individual cases, difficult questions may arise regarding the […]
The platform to business regulation
The so-called Platform to Business Regulation (in short “P2B-Regulation”) establishes rules for the first time to achieve a certain balance in view of the steadily increasing power of platform operators on the Internet (“Platform Operators”). For some situations and problems that have proved to be particularly critical for companies in the past, the regulation attempts […]
Draft law on the introduction of electronic securities
The Federal Ministry of Justice and Consumer Protection and the Federal Ministry of Finance have jointly presented a ministers’ bill for a law on the introduction of electronic securities. The bill focuses on creating a law on electronic securities (eWpG-E). This enables the replacement of securities certificates (verbriefte Wertpapiere) through registration in an electronic securities […]
No inheritance tax exemption for an independent, undeveloped plot of land next to the family home
In its ruling of 5 April 2018, the Munich Finance Court decided that the exemption from inheritance tax for family homes does not apply to an undeveloped, in terms of land register law independent plot of land, which adjoins the family home, even if the two plots of land form an economic unit. The appeal […]
No claims for damages against a supervisory board chairman as a representative without power of representation in the event of concluding a management board service agreement without a supervisory board resolution
When concluding a management board service agreement, a joint-stock company is represented by the supervisory board which must pass a resolution on the conclusion of the service agreement. When the agreement itself is subsequently concluded, the supervisory board is usually represented by its chairman. The Regional Court Munich I (ruling dated 13 February 2020; file […]
Reporting obligations for cross-border tax arrangements – implementation of “DAC 6”
Since 1 July 2020, special reporting obligations apply in Germany for so-called cross-border tax arrangements. These result from the implementation of the European Directive “DAC 6”. Cross-border tax arrangements must be reported to the Federal Central Tax Office within 30 days, otherwise fines may be imposed. The tax administrations of the EU Member States will […]