The European Commission has called for public comments on shareholders rights by December 16 in connection with a proposal to ensure shareholders have adequate rights of control over managements.

The Supreme Tax Court has held that a loan from a domestic shareholder to a domestic subsidiary to fund a foreign PE is not a foreign transaction open to income adjustment under the transfer pricing rules.

The Supreme Tax Court has rejected a claim for tax recognition of losses incurred in dealing in securities on the grounds that the operations were not part of a recognisable business

There is a great demand for bank selling and purchasing standards structured for the German loan market.

Wells Fargo & Company, the largest commercial real estate lender in the United States, began to eye the property market in the United Kingdom.

The Securitisation 2024 guide features over 20 jurisdictions. The guide covers the latest developments in insolvency laws, special-purpose entities, the construction of bankruptcy-remote transactions...

Wird die Bebauung einer Fläche angestrebt, müssen für die Erteilung der Baugenehmigung häufig rechtliche Voraussetzungen hinsichtlich der grundbuchlichen Situation geschaffen werden.

The Supreme Tax Court has confirmed the provisions of the Corporation and Income Tax Acts subjecting corporation tax refunds to foreign shareholders to treaty rate dividend withholding tax.

There is a great demand for bank selling and purchasing standards structured for the German loan market.

On 5 April 2011, the German Parliament passed a law designed to "strengthen investor protection and improve the functionality of the capital market".

On June 28, 2006, the German government issued draft legislation for the implementation of Directive 2004/109/EC ("Directive") of the European Parliament and of the Council of 15 December 2004 on the harmonization of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market in Germany.

In 2009, the German Securities Trading Act (WpHG) was changed to extend the pre-existing market manipulation prohibition (which is based on the EU Directive on Market Abuse) to European emission allowances (EUAs) that are traded on an exchange in Germany or on a comparable market in another EU/EEA member state.

Under current law, a limited liability company ("GmbH") must be established by notarial deed. The reform law permits exceptions to this formal requirement if (i) the founders use model articles of association, (ii) the GmbH is incorporated by no more than three shareholders via a cash contribution, and (iii) only one managing director is appointed.

A main focus of the anticipated reform of the law governing limited liability companies by the draft Act on the Modernization of the Law on Limited Liability Companies and the Prevention of Abuse (generally referred to as the “MoMiG” or “Modernization Act”) is the new set of rules relating to shareholder debt financings.

The EU's new Credit Servicers Directive is well on its way to becoming a reality. As part of the process, the European Parliament's ECON committee recently published two reports...

In the context of the transfer of interests in a German limited liability company, a bona fide purchase of the shares from a seller owning such interests was not possible.

Although many legal aspects have to be observed within the course of the sale of distressed loans, there are no legal obstacles in Germany which would bar such sales.

ESMA's advice focuses on loan origination and does not seem to cover AIFs which buy and restructure loans.

The finance ministry has issued a decree summarising recent Supreme Tax Court cases on questions arising in connection with short-term capital gains from the sale of securities held as private assets.

The finance ministry has drafted a new decree to resolve some of the doubts on the application of the thin capital rules following a change in the law for 2004.