The Annual Tax Act 2019 came into force on 1 January 2020. In addition to measures for tax incentives for electromobility, changes have been made to, inter alia, the Income Tax Act, the Trade Tax Act and the Value Added Tax Act. Some of the new amendments that are particularly relevant for shareholders, employers and commercial enterprises are briefly presented in this newsletter article.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2020-03-09 15:29:032020-03-09 15:35:00honert consults Klinge Pharma on the acquisition of various brands of dermatology products in Europe and Latin America
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2020-03-06 17:34:202020-03-06 17:37:27honert advises NeraCare GmbH for Series A financing round and contribution of Synvie GmbH
In a recently published judgment (default judgment of 11 July 2019 – case no. IX ZR 210/19), the Insolvency Senate of the Federal Court of Justice [Bundesgerichtshof – BGH] affirmed that the practice of deferring claims arising from intra-group exchange contracts, which is quite common in many groups, is contestable under insolvency law – which, in view of the extensive insolvency law consequences of repayment to the insolvent assets, requires the greatest attention, particularly in times of an economic downturn.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2019-12-19 10:00:002019-12-19 12:32:07CAUTION: INSOLVENCY CONTESTABILITY IN THE CASE OF DEFERRING CLAIMS FROM EXCHANGE AGREEMENTS IN INTRA-GROUP RELATIONS
In its decision of 24 January 2019 the Vienna Supreme Court [Oberster Gerichtshof – OGH] determined for the first time that so-called gender clauses in the company agreements of commercial partnerships are unethical and thus void because they violate the principle of equality guaranteed under constitutional law. The decision issued under Austrian law is considered to have a signaling effect on German corporate law. Against this background, regulations in regard to corporate succession should be critically reviewed and adjusted, if necessary.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2019-12-19 09:50:002019-12-19 12:41:13NOT WITHOUT MY DAUGHTER! ON THE DESIGN OF SUCCESSION CLAUSES IN COMPANY AGREEMENTS (OF PARTNERSHIPS)
The Federal Ministry of Justice and Consumer Protection presented under the name “Corporate Liability Law [Verbandssanktionengesetz]” the draft bill on combating corporate crime. If the Grand Coalition implements this draft in its planned form in the legislative process, practice will face far-reaching challenges. It is therefore advisable to already familiarize with the planned changes.
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2019-12-19 09:40:002019-12-19 12:42:20DRAFT BILL ON CORPORATE LIABILITY LAW – THE CRIMINAL CODE FOR ENTREPRENEURS?
TAX AMENDMENTS ARISING FROM THE ANNUAL TAX ACT 2019
/in 2020 Q1/by Ester HahnThe Annual Tax Act 2019 came into force on 1 January 2020. In addition to measures for tax incentives for electromobility, changes have been made to, inter alia, the Income Tax Act, the Trade Tax Act and the Value Added Tax Act. Some of the new amendments that are particularly relevant for shareholders, employers and commercial enterprises are briefly presented in this newsletter article.
honert consults Klinge Pharma on the acquisition of various brands of dermatology products in Europe and Latin America
/in Deal Announcements, Deal Announcements/by Ester Hahnhonert advises NeraCare GmbH for Series A financing round and contribution of Synvie GmbH
/in Deal Announcements, Deal Announcements/by Ester HahnCAUTION: INSOLVENCY CONTESTABILITY IN THE CASE OF DEFERRING CLAIMS FROM EXCHANGE AGREEMENTS IN INTRA-GROUP RELATIONS
/in 2019 Q4, 2019 Q4/by Ester HahnIn a recently published judgment (default judgment of 11 July 2019 – case no. IX ZR 210/19), the Insolvency Senate of the Federal Court of Justice [Bundesgerichtshof – BGH] affirmed that the practice of deferring claims arising from intra-group exchange contracts, which is quite common in many groups, is contestable under insolvency law – which, in view of the extensive insolvency law consequences of repayment to the insolvent assets, requires the greatest attention, particularly in times of an economic downturn.
NOT WITHOUT MY DAUGHTER! ON THE DESIGN OF SUCCESSION CLAUSES IN COMPANY AGREEMENTS (OF PARTNERSHIPS)
/in 2019 Q4, 2019 Q4/by Ester HahnIn its decision of 24 January 2019 the Vienna Supreme Court [Oberster Gerichtshof – OGH] determined for the first time that so-called gender clauses in the company agreements of commercial partnerships are unethical and thus void because they violate the principle of equality guaranteed under constitutional law. The decision issued under Austrian law is considered to have a signaling effect on German corporate law. Against this background, regulations in regard to corporate succession should be critically reviewed and adjusted, if necessary.
DRAFT BILL ON CORPORATE LIABILITY LAW – THE CRIMINAL CODE FOR ENTREPRENEURS?
/in 2019 Q4, 2019 Q4/by Ester HahnThe Federal Ministry of Justice and Consumer Protection presented under the name “Corporate Liability Law [Verbandssanktionengesetz]” the draft bill on combating corporate crime. If the Grand Coalition implements this draft in its planned form in the legislative process, practice will face far-reaching challenges. It is therefore advisable to already familiarize with the planned changes.