Entries by Ester Hahn
FROM THE MAURACH DRAFT TO THE GOVERNMENT DRAFT – THE NEXT STEP IN THE MODERNIZATION OF PARTNERSHIP LAW
In our newsletter article of 30 June 2020, we outlined the key points of the so-called Maurach draft for the modernization of partnership law. On this basis, the government draft of a law to modernize partnership law (Gesetzes zur Modernisierung des Personengesellschaftsrechts – MoPeG) was published on 20 January 2021, thus taking another important step towards what is surely the most significant reform of partnership law since the introduction of the German Civil Code. This article describes the main features of the government draft and shows the need for action that will arise in practice if the legislative process is successfully concluded.
EUROPE AS A DIGITIZATION ENGINE FOR GERMANY’S NEW GROUND? CHALLENGES OF COMPATIBILITY OF THE EUROPEAN DIGITALIZATION DIRECTIVE WITH GERMAN COMPANY AND REGISTRY LAW
On 10 February 2021, the German government presented a government draft for the implementation of the European Digitalization Directive. The Digitalization Directive is part of the 2019 Company Law Package of reforms to the 2017 European Company Law Directive. The subject of the draft is, in particular, the possibility to establish limited liability companies online as well as the digitalization and improvement of various registry matters.
REFORM OF THE NON-PROFIT LAW
The Annual Tax Act (Jahressteuergestz) 2020 has made some important changes to non-profit law. The reform measures have resulted in better conditions for non-profit organizations and group structures in particular. There is also more legal certainty for non-profit service companies. This newsletter article focuses on the key reform measures and shows their practical relevance.
TAX RELIEF FOR EMPLOYEE PARTICIPATION PROGRAMS IN STARTUPS
On 20 January 2021, the German government passed a draft legislation to strengthen Germany as a fund location and to implement Directive (EU) 2019/1160 amending Directives 2009/65/EC and 2011/61/EU with regard to the cross-border marketing of collective investment schemes (German Fund Location Act (Fondsstandortgesetz) – FoG), which also provides for tax relief for employee participation programs in startups.
COMMERCIAL TENANCY LAW DURING “LOCKDOWN”
One year after the outbreak of the COVID-19 pandemic, still numerous legal questions remain. This applies, among other things, to commercial tenancy law, which continues to have considerable relevance for numerous retailers and service providers against the background of the second “lockdown”. In 2020, the case law on the rights of landlords and tenants was diversified. As a result, the legislator launched an amendment to the law on commercial tenancy agreements shortly before Christmas 2020. It is therefore time not only to take a closer look at this change, but also to analyze the case law already handed down on commercial tenancy.