Digital solutions are increasingly being used in practice to sign contracts and other binding declarations. The method to date of printing out a declaration, signing it, scanning it and then sending it has proven to be too time-consuming. Electronically generated documents and signatures can simplify the signing process. However, public administration has so far been reluctant to adopt to new digital solutions. On the occasion of a recent ruling by the Berlin Court of Appeal on the requirement for proof of changes to be entered in the commercial register that are based on an shareholders’ resolution that did not require any form, this article aims to demonstrate the possibilities for digitally designing the signing of contracts and declarations.
Contrary to the view of the tax authorities, the Federal Fiscal Court (Bundesfinanzhof – BFH) recognizes the validity under civil law of a unanimous resolution on an incongruent advance distribution, requiring the distribution resolution to be used as the basis for taxation. In contrast to the tax authorities, the BFH, in its ruling of 28 September 2022 – VIII R 20/20 – sees such a resolution neither as a hidden profit distribution nor as an abuse of the tax system under § 42 German Fiscal Code.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2023-03-31 14:10:002023-03-31 15:41:02BFH RECOGNIZES INCONGRUENT RESOLUTION ON ADVANCE PROFIT DISTRIBUTION BREACHING ARTICLES OF ASSOCIATION
If the signing and the closing of the share deal occur at different times, the tax authorities consider that there are two transactions that are each subject to real estate transfer tax. As a result, real estate transfer tax may be assessed more than once for one and the same transaction. According to a new procedural norm, the risk of double taxation can be avoided, if a notification has been made in due time and complete in all parts both at the signing and at the closing.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2023-03-31 14:00:002023-03-31 15:40:17NEW REAL ESTATE TRANSFER TAX PITFALLS IN SHARE DEAL TRANSACTIONS
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2023-03-08 13:00:052023-03-13 10:41:42honert advises the enventa Group on the acquisition of syska GmbH
honert provided comprehensive legal advice to fintech startup finway, Munich, in its Series A financing round with early-stage venture fund Capital 49 and other investors.
honert provided comprehensive legal advice to Kraftanlagen Energies & Services GmbH in Munich on the acquisition of Frankfurt-based H & R Industrierohrbau.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2023-01-31 09:35:002023-01-31 10:36:21honert advises Kraftanlagen Energies & Services GmbH on the acquisition of H & R Industrierohrbau GmbH
ELECTRONIC SIGNATURES AND EXECUTIONS IN LEGAL TRANSACTIONS
/in 2023 Q1/by Ester HahnDigital solutions are increasingly being used in practice to sign contracts and other binding declarations. The method to date of printing out a declaration, signing it, scanning it and then sending it has proven to be too time-consuming. Electronically generated documents and signatures can simplify the signing process. However, public administration has so far been reluctant to adopt to new digital solutions. On the occasion of a recent ruling by the Berlin Court of Appeal on the requirement for proof of changes to be entered in the commercial register that are based on an shareholders’ resolution that did not require any form, this article aims to demonstrate the possibilities for digitally designing the signing of contracts and declarations.
BFH RECOGNIZES INCONGRUENT RESOLUTION ON ADVANCE PROFIT DISTRIBUTION BREACHING ARTICLES OF ASSOCIATION
/in 2023 Q1/by Ester HahnContrary to the view of the tax authorities, the Federal Fiscal Court (Bundesfinanzhof – BFH) recognizes the validity under civil law of a unanimous resolution on an incongruent advance distribution, requiring the distribution resolution to be used as the basis for taxation. In contrast to the tax authorities, the BFH, in its ruling of 28 September 2022 – VIII R 20/20 – sees such a resolution neither as a hidden profit distribution nor as an abuse of the tax system under § 42 German Fiscal Code.
NEW REAL ESTATE TRANSFER TAX PITFALLS IN SHARE DEAL TRANSACTIONS
/in 2023 Q1/by Ester HahnIf the signing and the closing of the share deal occur at different times, the tax authorities consider that there are two transactions that are each subject to real estate transfer tax. As a result, real estate transfer tax may be assessed more than once for one and the same transaction. According to a new procedural norm, the risk of double taxation can be avoided, if a notification has been made in due time and complete in all parts both at the signing and at the closing.
honert advises the enventa Group on the acquisition of syska GmbH
/in Deal Announcements/by Ester Hahnhonert provided comprehensive legal advice to the enventa Group, Karlsruhe, on the acquisition of syska GmbH.
honert advises Munich-based fintech startup finway in series-a financing round of EUR 9.2 million
/in Deal Announcements/by Ester Hahnhonert provided comprehensive legal advice to fintech startup finway, Munich, in its Series A financing round with early-stage venture fund Capital 49 and other investors.
honert advises Kraftanlagen Energies & Services GmbH on the acquisition of H & R Industrierohrbau GmbH
/in Deal Announcements/by Ester Hahnhonert provided comprehensive legal advice to Kraftanlagen Energies & Services GmbH in Munich on the acquisition of Frankfurt-based H & R Industrierohrbau.