Entries by Ester Hahn

STRICTER RULES FOR THE REVIEW OF FOREIGN INVESTMENTS IN GERMANY

The German Federal Government has enacted stricter rules for the review of foreign investments in Germany with effect as of 18 July 2017. The review criteria remain for the time being whether or not a foreign investment endangers the national security or the public security and order of the Federal Republic of Germany. The interpretation […]

THE NEW TRANSPARENCY REGISTER

The transparency register is expected to be available online on 27 December 2017 as a new electronic register in addition to existing registers such as the commercial register. The transparency register will contain and make available to third parties information about the “beneficial owner” of legal entities under private law (e.g. GmbH) and registered partnerships […]

NEW LEGAL PROVISION OF § 8d KStG (CORPORATE TAX ACT) – TAX LOSS CARRY-FORWARDS OF CORPORATIONS CAN BE SAVED IN SOME CASES WHEN THERE IS AN EXCHANGE OF SHAREHOLDERS

There are good news for corporations with tax loss carry-forwards in the case of an exchange of shareholders: after the introduction of § 8d KStG, tax loss carry-forwards already existing can still be used provided that the current business operations of the corporation are continued and the loss carry-forwards are used in these business operations […]

PREVENTION OF A DOUBLE DEDUCTION OF OPERATIONAL EXPENSES (§ 4i EStG (German Income Tax Act) – NEW)

The prevention of the use of international tax arrangements, where in particular divergent tax system are being “played off” against each other (OECD’s BEPS project/G-20), is in the centre of attention of the current and future tax legislation: A shareholder’s personal expenses can no longer be deducted as special business expenses, as long as these […]

THE REQUIREMENTS OF THE NEW GENERAL DATA PROTECTION REGULATION

From May 2018 the General Data Protection Regulation (GDPR) applies, which standardizes and completely revises the data protection law within the EU. In this process the German data protection law, in particular the Federal Data Protection Act, is automatically superseded. The good news is that the European legislator followed German law in many aspects. The […]

PITFALLS IN CASE OF NON-PROSECUTION OF CARTEL DAMAGES CLAIMS – CONSIDERATIONS UPON THE NINTH AMENDMENT TO THE ACT AGAINST RESTRAINTS OF COMPETITION

Clearly, cartel damages claims brought by companies against companies are a complex matter which, in almost all cases, requires consultation with external advisers who have acquired experience in handling proceedings of this kind. Practice shows that this effort can pay off. The fact, however, that the non-prosecution of cartel damages claims, too, may involve legal […]