RECOMMENDATIONS TO PREPARE THE GENERAL MEETING FOR THE MINORITY SHAREHOLDERS OF THE S.L

Remember: It is important to identify yourself correctly. Request the information for 25% of the share capital to avoid being denied. 5% of the share capital to request the appointment of Accounts Auditor. 5% of the share capital to request a notary presence in the Meeting. 5% of the share capital to request the complement […]

GRP Rainer Rechtsanwälte: Reviewing franchise agreements

The key arrangements between franchisees and franchisors are set out in the franchise agreement. For this reason, both parties ought to closely scrutinize this document. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Various different fields of law play a role when it comes to […]

Michael RainerManaging Partner, MTR Rechtsanwälte

OLG Dresden: Representation or accompaniment at general meeting of shareholders

GmbH shareholders can be represented by a proxy at the general meeting of the shareholders. In addition, it may be permissible according to a ruling of the Oberlandesgericht (OLG) Dresden [Higher Regional Court of Dresden] for them to bring an adviser along to the meeting.   GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, […]

Michael RainerManaging Partner, MTR Rechtsanwälte

BGH on liability of managing directors if social security contributions not paid

The managing director of a GmbH, a type of German private limited company, is responsible for ensuring proper payment of social security contributions. Failure to fulfil his duties can render him personally liable.  GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: While a managing director […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Family foundations and business succession

Establishing a family foundation can be a sensible means of preventing disputes from arising among heirs as well as resolving the issue of business succession. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: In the case of many family-run companies, the issue of business succession […]

Michael RainerManaging Partner, MTR Rechtsanwälte

EVERYTHING ON THE SECOND CHANCE LAW FOR ENTREPRENEURS

Following international claims for the establishment of a real and effective second chance system, the Second Chance Law was enacted in July 2015 (Act 25/2015, second-chance mechanism, reduction of the financial burden and other corporate measures). With the new regulation, it is possible for the debtor to see the outstanding liability forgiven after the liquidation […]

BAG on effectiveness of ordinary notice of dismissal issued as an alternative

The Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, has ruled that an ordinary notice of dismissal was effective despite a lack of information regarding when the employment relationship was to come to an end (Az.: 6 AZR 782/14). GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: […]

Michael RainerManaging Partner, MTR Rechtsanwälte

BAG: Exceptional notice of dismissal for breach of trust effective

Even if the financial loss suffered due to an employee’s breach of duty is minor, the resulting breach of trust can justify exceptional notice of dismissal. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: A cashier lost her job over a few euros. She had […]

Michael RainerManaging Partner, MTR Rechtsanwälte

BAG on employer’s default of acceptance

A ruling of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, shows that if an employee is at fault for not being able to carry out his work as prescribed in the employment contract, his right to payment of wages may lapse. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Adoption rate of employee share plans

It is interesting to learn how many employers in the UK adopt HMRC approved share plans.  We set out below the available information published by HMRC as a guide. Headline points Adoption rates are increasing for employee share plans. HMRC have withdrawn the very helpful service which enabled private companies to check with HMRC the taxable […]

LAG Köln: Informally admonishing an employee not necessary before issuing formal written warning

An employer is allowed to issue a formal written warning without having previously informally rebuked an employee for his misconduct. That was the verdict of the Landesarbeitsgericht (LAG) Köln [Regional Labour Court of Cologne] (Az.: 12 Sa 381/16). GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London […]

Michael RainerManaging Partner, MTR Rechtsanwälte