By resolution dated 28 November 2016, file number GrS 1/15, the Grand Senate of the Federal Fiscal Court (BFH) declared the so-called restructuring decree illegal. The legislator recognized the needs for the restructuring of companies and created a new legal basis for the tax exemption of restructuring profits (see our newsletter article in 2017 | […]
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2017-12-18 16:30:272018-04-05 15:15:57RESTRUCTURING DECREE – NO LEGITIMATE EXPECTATIONS IN SO-CALLED OLD CASES AFTER ALL
Basically, the managing director of a limited liability company can quit his position as managing director at any time and without notice period by simple notification. However, such resignation from his position is subject to certain restrictions. In particular, if the resigning managing director is the sole shareholder and managing director of the limited liability […]
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2017-12-18 16:15:352018-04-05 15:16:11RESIGNATION OF THE MANAGING DIRECTOR OF A “ONE PERSON LIMITED LIABILITY COMPANY” (“EIN-MANN-GMBH”): RISK OF INVALIDITY DUE TO ABUSE OF LAW
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?
RESTRUCTURING DECREE – NO LEGITIMATE EXPECTATIONS IN SO-CALLED OLD CASES AFTER ALL
/in 2017 Q4/by Ester HahnBy resolution dated 28 November 2016, file number GrS 1/15, the Grand Senate of the Federal Fiscal Court (BFH) declared the so-called restructuring decree illegal. The legislator recognized the needs for the restructuring of companies and created a new legal basis for the tax exemption of restructuring profits (see our newsletter article in 2017 | […]
RESIGNATION OF THE MANAGING DIRECTOR OF A “ONE PERSON LIMITED LIABILITY COMPANY” (“EIN-MANN-GMBH”): RISK OF INVALIDITY DUE TO ABUSE OF LAW
/in 2017 Q4/by Ester HahnBasically, the managing director of a limited liability company can quit his position as managing director at any time and without notice period by simple notification. However, such resignation from his position is subject to certain restrictions. In particular, if the resigning managing director is the sole shareholder and managing director of the limited liability […]
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.