Practically relevant questions and no practicable answers – the new FAQs on the Transparency Register
With the recent update of its FAQs, the Federal Administrative Office has greatly expanded the criteria for determining a company’s beneficial owners. Companies subject to reporting requirements, shareholders and beneficial owners should be aware of the practical consequences this will have on their notification and reporting obligations.
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 […]
The tax-privileged sale of freelance practices – BFH on the application of preferential rates in the case of (marginal) continuation of freelance activity
In a recent decision, the Federal Court of Finance (BFH) specifies the criteria according to which, after the sale of a freelance practice, the resumption of the freelance activity within the previous local sphere of activity is not detrimental to the tax privileges of the capital gains realized on the sale.
Tax measures to assist all businesses affected by the coronavirus pandemic
To cope with the consequences of the COVID-19 pandemic, the legislator has now launched the Second Corona Tax Assistance Act (Steuerhilfegesetz). In the following, the measures of the Corona Tax Assistance Acts that will support taxpayers’ liquidity and innovations in the field of corporate taxation (restructuring and international tax law) are explained.
The virtual annual general meeting – first experiences and trends
With the law to mitigate the consequences of the COVID-19 pandemic in civil, insolvency and criminal procedure law of 27 March 2020, the legislator reacted to the corona crisis and temporarily suspended or modified a number of substantial regulations in insolvency and company law. The regulations for company law enacted as Art. 2 under the […]
Short-time work – useful additions to employment contracts
In times of the COVID-19 pandemic, short-time work is an important instrument to alleviate the negative economic consequences for all concerned. The parties to the employment contract may make provision for the introduction and organization of short-time work in the contracts concluded between them. Against this background, all companies are recommended to check their sample […]
More transparency – more legal certainty? The Maurach draft for the modernization of the law on partnerships
On 20 April 2020, the commission of experts appointed by the Federal Ministry of Justice and Consumer Protection presented the so-called Maurach draft for the modernization of the law on partnerships. The draft provides in particular for the introduction of a public register for civil law partnerships, the codification of a right of non-decision in […]
The amendment(s) of the law and the ordinance on foreign trade and payments
The legislator has substantially expanded and sharpened the scope of application of the review of foreign investments. Instead of an actual threat to the public safety or order, the likeliness to affect the public safety or order is now sufficient for a prohibition. In addition, an enforcement ban has now also been introduced for transactions […]
Tax amendments arising from the Annual Tax Act 2019
The Annual Tax Act 2019 came into force on 1 January 2020. In addition to measures for tax incentives for electromobility, changes have been made to, inter alia, the Income Tax Act, the Trade Tax Act and the Value Added Tax Act. Some of the new amendments that are particularly relevant for shareholders, employers and […]
Act on mitigating the effects of the COVID-19 pandemic – changes in insolvency and corporate law
Insolvent, but (for the time being) no obligation to file for insolvency! This is the heart of the insolvency law related legislative measures which have been adopted last week in a rush to secure the existence of German Companies. However, also a number of other insolvency law provisions have been suspended or relaxed so as […]