In the event of disputes about the voidability of shareholders’/partners’ resolutions, the parties are usually interested to clarify such dispute fast and silently without recourse to the ordinary courts. However, the special features of German company law made arbitration agreements/clauses for such disputes difficult, especially for corporations such as a GmbH (limited liability company), but […]
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2017-09-26 10:05:432017-11-23 13:48:47ALL UNCLEAR – BGH (FEDERAL COURT OF JUSTICE) RULING ON THE ARBITRABILITY OF DISPUTES REGARDING THE VOIDABILITY OF PARTNERSHIPS’ RESOLUTIONS
The German Federal Government has enacted stricter rules for the review of foreign investments in Germany with effect as of 18 July 2017. The review criteria remain for the time being whether or not a foreign investment endangers the national security or the public security and order of the Federal Republic of Germany. The interpretation […]
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2017-09-26 10:00:492017-10-02 16:38:40STRICTER RULES FOR THE REVIEW OF FOREIGN INVESTMENTS IN GERMANY
The transparency register is expected to be available online on 27 December 2017 as a new electronic register in addition to existing registers such as the commercial register. The transparency register will contain and make available to third parties information about the “beneficial owner” of legal entities under private law (e.g. GmbH) and registered partnerships […]
There are good news for corporations with tax loss carry-forwards in the case of an exchange of shareholders: after the introduction of § 8d KStG, tax loss carry-forwards already existing can still be used provided that the current business operations of the corporation are continued and the loss carry-forwards are used in these business operations […]
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2017-06-27 12:45:262017-11-23 13:44:15NEW LEGAL PROVISION OF § 8d KStG (CORPORATE TAX ACT) – TAX LOSS CARRY-FORWARDS OF CORPORATIONS CAN BE SAVED IN SOME CASES WHEN THERE IS AN EXCHANGE OF SHAREHOLDERS
The prevention of the use of international tax arrangements, where in particular divergent tax system are being “played off” against each other (OECD’s BEPS project/G-20), is in the centre of attention of the current and future tax legislation: A shareholder’s personal expenses can no longer be deducted as special business expenses, as long as these […]
From May 2018 the General Data Protection Regulation (GDPR) applies, which standardizes and completely revises the data protection law within the EU. In this process the German data protection law, in particular the Federal Data Protection Act, is automatically superseded. The good news is that the European legislator followed German law in many aspects. The […]
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2017-06-27 12:00:012018-01-26 11:13:19THE REQUIREMENTS OF THE NEW GENERAL DATA PROTECTION REGULATION
ALL UNCLEAR – BGH (FEDERAL COURT OF JUSTICE) RULING ON THE ARBITRABILITY OF DISPUTES REGARDING THE VOIDABILITY OF PARTNERSHIPS’ RESOLUTIONS
/in 2017 Q3/by Ester HahnIn the event of disputes about the voidability of shareholders’/partners’ resolutions, the parties are usually interested to clarify such dispute fast and silently without recourse to the ordinary courts. However, the special features of German company law made arbitration agreements/clauses for such disputes difficult, especially for corporations such as a GmbH (limited liability company), but […]
STRICTER RULES FOR THE REVIEW OF FOREIGN INVESTMENTS IN GERMANY
/in 2017 Q3/by Ester HahnThe German Federal Government has enacted stricter rules for the review of foreign investments in Germany with effect as of 18 July 2017. The review criteria remain for the time being whether or not a foreign investment endangers the national security or the public security and order of the Federal Republic of Germany. The interpretation […]
THE NEW TRANSPARENCY REGISTER
/in 2017 Q2/by Ester HahnThe transparency register is expected to be available online on 27 December 2017 as a new electronic register in addition to existing registers such as the commercial register. The transparency register will contain and make available to third parties information about the “beneficial owner” of legal entities under private law (e.g. GmbH) and registered partnerships […]
NEW LEGAL PROVISION OF § 8d KStG (CORPORATE TAX ACT) – TAX LOSS CARRY-FORWARDS OF CORPORATIONS CAN BE SAVED IN SOME CASES WHEN THERE IS AN EXCHANGE OF SHAREHOLDERS
/in 2017 Q2/by Ester HahnThere are good news for corporations with tax loss carry-forwards in the case of an exchange of shareholders: after the introduction of § 8d KStG, tax loss carry-forwards already existing can still be used provided that the current business operations of the corporation are continued and the loss carry-forwards are used in these business operations […]
PREVENTION OF A DOUBLE DEDUCTION OF OPERATIONAL EXPENSES (§ 4i EStG (German Income Tax Act) – NEW)
/in 2017 Q2/by Ester HahnThe prevention of the use of international tax arrangements, where in particular divergent tax system are being “played off” against each other (OECD’s BEPS project/G-20), is in the centre of attention of the current and future tax legislation: A shareholder’s personal expenses can no longer be deducted as special business expenses, as long as these […]
THE REQUIREMENTS OF THE NEW GENERAL DATA PROTECTION REGULATION
/in 2017 Q2/by Ester HahnFrom May 2018 the General Data Protection Regulation (GDPR) applies, which standardizes and completely revises the data protection law within the EU. In this process the German data protection law, in particular the Federal Data Protection Act, is automatically superseded. The good news is that the European legislator followed German law in many aspects. The […]