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 […]
By decision of 29 March 2017 the Federal Constitutional Court (Bundesverfassungsgericht) declared the partial lapse of loss deduction in the case of a detrimental exchange of shareholders in the amount of over 25% to 50% to be unconstitutional in all law versions between 2008 and 2015. The legislator is obliged to revise the law with […]
https://honert.de/wp-content/uploads/honert_logo_270px.png00Ester Hahnhttps://honert.de/wp-content/uploads/honert_logo_270px.pngEster Hahn2017-09-26 10:10:162017-11-23 13:46:57KARLSRUHE DEALS A SEVERE BLOW: THE LAPSE OF LOSS CARRY FORWARD UPON ACQUISITION OF DETRIMENTAL PARTICIPATION ACCORDING TO § 8c SEC. 1 SENTENCE 1 KSTG IS UNCONSTITUTIONAL
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 […]
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 […]
KARLSRUHE DEALS A SEVERE BLOW: THE LAPSE OF LOSS CARRY FORWARD UPON ACQUISITION OF DETRIMENTAL PARTICIPATION ACCORDING TO § 8c SEC. 1 SENTENCE 1 KSTG IS UNCONSTITUTIONAL
/in 2017 Q3/by Ester HahnBy decision of 29 March 2017 the Federal Constitutional Court (Bundesverfassungsgericht) declared the partial lapse of loss deduction in the case of a detrimental exchange of shareholders in the amount of over 25% to 50% to be unconstitutional in all law versions between 2008 and 2015. The legislator is obliged to revise the law with […]
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 […]