In its ruling of 30 March 2022 (12 U 1520/19), the Nuremberg Higher Regional Court decided that managing directors are obliged to set up a compliance management system, with the consequence that they are liable for any resulting damage if they fail to do so. The ruling additionally specifies the specific monitoring obligations of the managing director.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2022-10-04 08:30:002022-10-04 14:24:27MANAGING DIRECTOR OF A GMBH OBLIGED TO SET UP A COMPLIANCE MANAGEMENT SYSTEM
In its ruling of 15 February 2022 (II ZR 235/20), the German Federal Court of Justice (Bundesgerichtshof – BGH) abandoned its previous case law according to which the legal concept of § 179a German Stock Corporation Act (Aktiengesetz – AktG) also applies to limited partnerships. § 179a AktG is not (any longer) analogously applicable to the limited partnership.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2022-10-04 08:20:002022-10-04 14:17:04NO ANALOGOUS APPLICATION OF § 179A AKTG TO THE LIMITED PARTNERSHIP
In the course of the Inheritance Tax Reform Act of December 24, 2008, the legislator revised the tax exemption for the donation of a family home and extended it to cases of acquisition upon death. A ruling by the BFH (German Federal Fiscal Court) dated December 01, 2021 (II R 18/20) on the question of the circumstances under which the self-use of the family home by the heir may be abandoned without losing the benefit of the tax exemption provides an opportunity to discuss the basic functioning and background of the tax exemption.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2022-10-04 08:10:002022-10-04 14:08:34THE TAX-EXEMPT DONATION OF A FAMILY HOME IN GERMAN INHERITANCE AND GIFT TAX LAW
As of 1 August 2022, the new version of the Documentation Act came into force, which implemented the EU Directive on Transparent and Predictable Working Conditions („Working Condition Directive“). This results in numerous additional necessities with regard to the written confirmation of the essential working conditions by the employer to the employees.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2022-10-04 08:00:002022-10-04 14:06:16THE NEW VERSION OF THE GERMAN LAW ON DOCUMENTING ESSENTIAL APPLICABLE CONDITIONS FOR EMPLOYMENT RELATIONSHIPS (“NACHWEISGESETZ”, HEREINAFTER REFERRED TO AS “DOCUMENTATION ACT”) CONTAINS MORE EXTENSIVE OBLIGATIONS OF THE EMPLOYER TO CONFIRM WORKING CONDITIONS IN WRITING
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2022-09-19 13:57:192022-09-19 13:57:20honert among the “top law firms 2022” in all core areas
https://honert.de/wp-content/uploads/honert_logo_270px.png00Mandy Prokofhttps://honert.de/wp-content/uploads/honert_logo_270px.pngMandy Prokof2022-09-13 14:41:332022-09-13 14:49:13honert advises sellers of Giftge Consult GmbH on sale to Arcadis
MANAGING DIRECTOR OF A GMBH OBLIGED TO SET UP A COMPLIANCE MANAGEMENT SYSTEM
/in 2022 Q3, 2022 Q3/by Ester HahnIn its ruling of 30 March 2022 (12 U 1520/19), the Nuremberg Higher Regional Court decided that managing directors are obliged to set up a compliance management system, with the consequence that they are liable for any resulting damage if they fail to do so. The ruling additionally specifies the specific monitoring obligations of the managing director.
NO ANALOGOUS APPLICATION OF § 179A AKTG TO THE LIMITED PARTNERSHIP
/in 2022 Q3, 2022 Q3/by Ester HahnIn its ruling of 15 February 2022 (II ZR 235/20), the German Federal Court of Justice (Bundesgerichtshof – BGH) abandoned its previous case law according to which the legal concept of § 179a German Stock Corporation Act (Aktiengesetz – AktG) also applies to limited partnerships. § 179a AktG is not (any longer) analogously applicable to the limited partnership.
THE TAX-EXEMPT DONATION OF A FAMILY HOME IN GERMAN INHERITANCE AND GIFT TAX LAW
/in 2022 Q3, 2022 Q3/by Ester HahnIn the course of the Inheritance Tax Reform Act of December 24, 2008, the legislator revised the tax exemption for the donation of a family home and extended it to cases of acquisition upon death. A ruling by the BFH (German Federal Fiscal Court) dated December 01, 2021 (II R 18/20) on the question of the circumstances under which the self-use of the family home by the heir may be abandoned without losing the benefit of the tax exemption provides an opportunity to discuss the basic functioning and background of the tax exemption.
THE NEW VERSION OF THE GERMAN LAW ON DOCUMENTING ESSENTIAL APPLICABLE CONDITIONS FOR EMPLOYMENT RELATIONSHIPS (“NACHWEISGESETZ”, HEREINAFTER REFERRED TO AS “DOCUMENTATION ACT”) CONTAINS MORE EXTENSIVE OBLIGATIONS OF THE EMPLOYER TO CONFIRM WORKING CONDITIONS IN WRITING
/in 2022 Q3, 2022 Q3/by Ester HahnAs of 1 August 2022, the new version of the Documentation Act came into force, which implemented the EU Directive on Transparent and Predictable Working Conditions („Working Condition Directive“). This results in numerous additional necessities with regard to the written confirmation of the essential working conditions by the employer to the employees.
honert among the “top law firms 2022” in all core areas
/in Deal Announcements, Deal Announcements/by Ester Hahnhonert advises sellers of Giftge Consult GmbH on sale to Arcadis
/in Deal Announcements/by Mandy Prokof