Pursuant to section 112 of the German Stock Corporation Act (AktG), an AG is represented by the Supervisory Board if it acts towards the Management Board. The BGH has recently ruled on when there is no such action towards the Management Board by applying the principles developed with regard to self-dealings in accordance with section […]
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2017-12-18 16:10:022018-04-05 15:16:26CLARIFYING JUDGMENT OF THE FEDERAL COURT OF JUSTICE (BGH) ON THE POWER OF REPRESENTATION FOR ACTIONS OF A STOCK CORPORATION (AG) TOWARDS MEMBERS OF THE MANAGEMENT BOARD
Nowadays, information is not only worth a lot of money, but rather one of the most important assets of a company. The fiscal authority would like to share information with other countries, without the taxpayer’s knowledgement or possibilities for defence. Furthermore, the tax law only offers insufficient protection, so that an alert involvement in the […]
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2017-12-18 16:05:202018-04-05 15:16:43POSSIBILITIES OF LEGAL PROTECTION IN REGARD TO SIMULTANEOUS TAX AUDITS
In the posting directive dating back to 1996, certain minimum conditions concerning the employment of workers at operations abroad within the European Union are provided which have been adopted in Germany through the law on posting of workers. In March 2016 the European Commission initiated a revision of the directive with the purpose of achieving […]
Warranty & Indemnity insurances (W&I) play an increasingly higher role in company sales. The parties to an M&A transaction should familiarize with the fundamental operating principle of this “tool”. This is particularly essential, because meanwhile many sellers require a W&I insurance as a precondition in order to receive a bid during a bidding process.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2017-09-26 10:25:002017-10-02 16:40:17WARRANTY & INDEMNITY INSURANCE FOR COMPANY SALES – GENUINE ADDED VALUE OR UNNECESSARY PASSING FAD?
Letters of comfort are widely used to secure receivables. From the protection provider’s perspective the particular advantage over other means of securing – such as sureties or guarantee bonds – is the flexibility that allows free decisions about the form of fulfillment of the liability duty accepted. In order to avoid that this advantage becomes […]
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2017-09-26 10:20:452017-10-02 17:04:12RISK OF DOUBLE CLAIMS WHEN ISSUING A HARD (EXTERNAL) LETTER OF COMFORT
By passing the law dated 27 June 2017, the tax exemption on restructuring profits was stipulated once again. However, the readjustments will only become effective in case the EU commission signs off on the new legal readjustment with respect to state aid law. The new law is supposed to apply retrospectively to all debt reliefs/restructuring […]
CLARIFYING JUDGMENT OF THE FEDERAL COURT OF JUSTICE (BGH) ON THE POWER OF REPRESENTATION FOR ACTIONS OF A STOCK CORPORATION (AG) TOWARDS MEMBERS OF THE MANAGEMENT BOARD
/in 2017 Q4/by Ester HahnPursuant to section 112 of the German Stock Corporation Act (AktG), an AG is represented by the Supervisory Board if it acts towards the Management Board. The BGH has recently ruled on when there is no such action towards the Management Board by applying the principles developed with regard to self-dealings in accordance with section […]
POSSIBILITIES OF LEGAL PROTECTION IN REGARD TO SIMULTANEOUS TAX AUDITS
/in 2017 Q4/by Ester HahnNowadays, information is not only worth a lot of money, but rather one of the most important assets of a company. The fiscal authority would like to share information with other countries, without the taxpayer’s knowledgement or possibilities for defence. Furthermore, the tax law only offers insufficient protection, so that an alert involvement in the […]
SCHEDULED ALTERATIONS OF POSTING DIRECTIVE
/in 2017 Q4/by Ester HahnIn the posting directive dating back to 1996, certain minimum conditions concerning the employment of workers at operations abroad within the European Union are provided which have been adopted in Germany through the law on posting of workers. In March 2016 the European Commission initiated a revision of the directive with the purpose of achieving […]
WARRANTY & INDEMNITY INSURANCE FOR COMPANY SALES – GENUINE ADDED VALUE OR UNNECESSARY PASSING FAD?
/in 2017 Q3/by Ester HahnWarranty & Indemnity insurances (W&I) play an increasingly higher role in company sales. The parties to an M&A transaction should familiarize with the fundamental operating principle of this “tool”. This is particularly essential, because meanwhile many sellers require a W&I insurance as a precondition in order to receive a bid during a bidding process.
RISK OF DOUBLE CLAIMS WHEN ISSUING A HARD (EXTERNAL) LETTER OF COMFORT
/in 2017 Q3/by Ester HahnLetters of comfort are widely used to secure receivables. From the protection provider’s perspective the particular advantage over other means of securing – such as sureties or guarantee bonds – is the flexibility that allows free decisions about the form of fulfillment of the liability duty accepted. In order to avoid that this advantage becomes […]
REINTRODUCTION OF TAX EXEMPTION ON RESTRUCTURING PROFITS
/in 2017 Q3/by Ester HahnBy passing the law dated 27 June 2017, the tax exemption on restructuring profits was stipulated once again. However, the readjustments will only become effective in case the EU commission signs off on the new legal readjustment with respect to state aid law. The new law is supposed to apply retrospectively to all debt reliefs/restructuring […]