In a recent judgment (judgment dated 3.12.2020 – 23 U 5742/19), the Munich Higher Regional Court dealt with the duty of disclosure of the seller of a company with regard to the economic situation of the company to be sold, which is in crisis. General principles for the duty of disclosure in the acquisition of a company can be derived from the decision beyond the specific case.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2021-07-06 13:50:002021-07-06 14:27:24MUNICH HIGHER REGIONAL COURT: DECEPTION ABOUT SIGNS OF CRISIS IN THE PURCHASE OF A COMPANY ENTITLES TO REVERSE TRANSACTION
On 11 June 2021, the Bundestag passed the Act on Corporate Due Diligence in Supply Chains (short Supply Chain Act. On 25 June 2021, the Bundesrat approved the Act. The aim of this is to strengthen compliance with human rights by the companies forming a supply chain. The following article presents the main features of the Supply Chain Act and provides an overview of future obligations for affected companies.
In our 2019 | Q2 newsletter we had already addressed the planned real estate transfer tax (RETT) reform which is intended to prevent specific share deal transactions. The legislative process has been on hold since then. However, on 7 May 2021, the corresponding bill has been passed by the Bundesrat. The amendments will enter into force on 1 July 2021.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2021-07-06 13:30:002021-07-06 14:25:43IT’S HERE – THE LONG-AWAITED REAL ESTATE TRANSFER TAX REFORM!
The Act to Modernize Corporate Income Tax Law is intended to eliminate the differences that currently exist in the taxation of partnerships and corporations. A central component of the bill is the introduction of a so-called option model (also known as “check-the-box” election), which in the future is to open up the possibility for commercial partnerships to be treated like a corporation for income tax purposes upon application. This newsletter article outlines the key points of the planned option model and also contains an initial assessment of the constellations in which the change of taxation system may be advantageous.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2021-07-06 13:20:002021-07-06 14:24:50“CHECK-THE-BOX” ELECTIONS FOR COMMERCIAL PARTNERSHIPS IN THE PIPELINE
As already announced in 2020, the 16th and 17th Amendment Ordinances to the AWV significantly expanded investment control in both the civilian and military sector, so that in the future considerably more company acquisitions, shareholding acquisitions and so-called asset deals in both the civilian and military sector may be subject to a reporting obligation and an enforcement ban.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2021-07-06 13:10:002021-07-06 14:23:38FURTHER EXPANSION OF INVESTMENT CONTROL
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2021-07-06 11:21:462021-07-06 11:21:49honert named TOP law firm 2021 in M&A by WirtschaftsWoche magazine!
MUNICH HIGHER REGIONAL COURT: DECEPTION ABOUT SIGNS OF CRISIS IN THE PURCHASE OF A COMPANY ENTITLES TO REVERSE TRANSACTION
/in 2021 Q2/by Ester HahnIn a recent judgment (judgment dated 3.12.2020 – 23 U 5742/19), the Munich Higher Regional Court dealt with the duty of disclosure of the seller of a company with regard to the economic situation of the company to be sold, which is in crisis. General principles for the duty of disclosure in the acquisition of a company can be derived from the decision beyond the specific case.
BUNDESTAG PASSES SUPPLY CHAIN ACT
/in 2021 Q2/by Ester HahnOn 11 June 2021, the Bundestag passed the Act on Corporate Due Diligence in Supply Chains (short Supply Chain Act. On 25 June 2021, the Bundesrat approved the Act. The aim of this is to strengthen compliance with human rights by the companies forming a supply chain. The following article presents the main features of the Supply Chain Act and provides an overview of future obligations for affected companies.
IT’S HERE – THE LONG-AWAITED REAL ESTATE TRANSFER TAX REFORM!
/in 2021 Q2/by Ester HahnIn our 2019 | Q2 newsletter we had already addressed the planned real estate transfer tax (RETT) reform which is intended to prevent specific share deal transactions. The legislative process has been on hold since then. However, on 7 May 2021, the corresponding bill has been passed by the Bundesrat. The amendments will enter into force on 1 July 2021.
“CHECK-THE-BOX” ELECTIONS FOR COMMERCIAL PARTNERSHIPS IN THE PIPELINE
/in 2021 Q2/by Ester HahnThe Act to Modernize Corporate Income Tax Law is intended to eliminate the differences that currently exist in the taxation of partnerships and corporations. A central component of the bill is the introduction of a so-called option model (also known as “check-the-box” election), which in the future is to open up the possibility for commercial partnerships to be treated like a corporation for income tax purposes upon application. This newsletter article outlines the key points of the planned option model and also contains an initial assessment of the constellations in which the change of taxation system may be advantageous.
FURTHER EXPANSION OF INVESTMENT CONTROL
/in 2021 Q2/by Ester HahnAs already announced in 2020, the 16th and 17th Amendment Ordinances to the AWV significantly expanded investment control in both the civilian and military sector, so that in the future considerably more company acquisitions, shareholding acquisitions and so-called asset deals in both the civilian and military sector may be subject to a reporting obligation and an enforcement ban.
honert named TOP law firm 2021 in M&A by WirtschaftsWoche magazine!
/in Deal Announcements/by Ester Hahn