While the announced reform of the Real Estate Transfer Tax Act continues to be a long time coming, there has been a fundamental realignment with regard to internal group restructurings. Several rulings of the Federal Fiscal Court as well as a recent application decree of the tax authorities largely put an end to the discussions on the interpretation of sec. 6a GrEStG. As a result of the legal and planning certainty that has now been achieved, the exemption provision will become considerably more important in practice.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2020-12-22 06:10:002020-12-22 06:10:49REAL ESTATE TRANSFER TAX EXEMPTION IN THE CASE OF INTERNAL GROUP RESTRUCTURINGS
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.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2020-12-22 06:00:112020-12-22 06:00:49PRACTICALLY RELEVANT QUESTIONS AND NO PRACTICABLE ANSWERS – THE NEW FAQS ON THE TRANSPARENCY REGISTER
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2020-12-18 11:11:252020-12-18 11:14:38honert advises Spryker Systems GmbH on Series C financing round
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2020-12-15 14:39:002020-12-16 14:42:59honert advises founder of PERBILITY GmbH on the sale of a majority stake to Main Capital
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2020-12-08 18:40:002020-12-15 18:41:53honert is represented in the JUVE handbook 2020/2021 in four categories
When concluding a management board service agreement, a joint-stock company is represented by the supervisory board which must pass a resolution on the conclusion of the service agreement. When the agreement itself is subsequently concluded, the supervisory board is usually represented by its chairman. The Regional Court Munich I (ruling dated 13 February 2020; file no. 5 HK O 2393/19) has now dealt with the question of whether a supervisory board chairman who concludes a service agreement in the name of the company with a designated management board member in the absence of a corresponding supervisory board resolution is obliged to pay damages to the designated management board member.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2020-09-30 08:50:002020-09-30 08:50:02NO CLAIMS FOR DAMAGES AGAINST A SUPERVISORY BOARD CHAIRMAN AS A REPRESENTATIVE WITHOUT POWER OF REPRESENTATION IN THE EVENT OF CONCLUDING A MANAGEMENT BOARD SERVICE AGREEMENT WITHOUT A SUPERVISORY BOARD RESOLUTION
REAL ESTATE TRANSFER TAX EXEMPTION IN THE CASE OF INTERNAL GROUP RESTRUCTURINGS
/in 2020 Q4/by Ester HahnWhile the announced reform of the Real Estate Transfer Tax Act continues to be a long time coming, there has been a fundamental realignment with regard to internal group restructurings. Several rulings of the Federal Fiscal Court as well as a recent application decree of the tax authorities largely put an end to the discussions on the interpretation of sec. 6a GrEStG. As a result of the legal and planning certainty that has now been achieved, the exemption provision will become considerably more important in practice.
PRACTICALLY RELEVANT QUESTIONS AND NO PRACTICABLE ANSWERS – THE NEW FAQS ON THE TRANSPARENCY REGISTER
/in 2020 Q4/by Ester HahnWith 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.
honert advises Spryker Systems GmbH on Series C financing round
/in Deal Announcements/by Ester Hahnhonert advises founder of PERBILITY GmbH on the sale of a majority stake to Main Capital
/in Deal Announcements/by Ester Hahnhonert is represented in the JUVE handbook 2020/2021 in four categories
/in Deal Announcements/by Ester HahnNO CLAIMS FOR DAMAGES AGAINST A SUPERVISORY BOARD CHAIRMAN AS A REPRESENTATIVE WITHOUT POWER OF REPRESENTATION IN THE EVENT OF CONCLUDING A MANAGEMENT BOARD SERVICE AGREEMENT WITHOUT A SUPERVISORY BOARD RESOLUTION
/in 2020 Q3/by Ester HahnWhen concluding a management board service agreement, a joint-stock company is represented by the supervisory board which must pass a resolution on the conclusion of the service agreement. When the agreement itself is subsequently concluded, the supervisory board is usually represented by its chairman. The Regional Court Munich I (ruling dated 13 February 2020; file no. 5 HK O 2393/19) has now dealt with the question of whether a supervisory board chairman who concludes a service agreement in the name of the company with a designated management board member in the absence of a corresponding supervisory board resolution is obliged to pay damages to the designated management board member.