// Economy law

Modernisation of German partnership law

The expert commission set up by the Federal Ministry of Justice and Consumer Protection issued a statement on 20. 04. 2020 a draft law for the modernisation of the law on partnerships was presented. The draft provides for comprehensive reforms of German company law, some of which dates back to the 19th century. It is to be adapted to the practice of corporate law and to the needs of modern business life. In particular, the reforms affect the legal form of GbRs, for which a register similar to the commercial register is to be introduced in which they can - voluntarily - register themselves. Furthermore, the draft MOPEG is intended to explicitly enshrine the freedom to structure articles of association in the law. Commercial partnerships should also be available for freelancers (i. e. for example B. architects, dentists or lawyers), as far as the respective #professional law allows it. The expert commission has not yet proposed a specific date for the entry …
read more
// Economy law

Necessary business assets in the case of a leased agricultural and forestry holding

In its ruling of 19 December 2019, the Federal Court of Finance (BFH) decided that a leased agricultural property acquired by the lessor of a dormant agricultural and forestry lease is only to be allocated to the necessary business assets of the leasing company if it is incorporated into the existing lease of the agricultural holding or in the case of parcel-wise leasing, is included in one of the existing leases. If the lessee does not intend to use the purchased land, nor is it possible for him to use it within a foreseeable period of time, he can assign the purchased land to the business assets of the company if he clearly and unambiguously states his intention. The profit from the sale of the properties was not included in the income from agriculture and forestry (§ 4a par. 2 No. 1 sentence 1 EStG) must still be recorded for income from private sales transactions within the meaning of § 23 EStG.
read more
// Economy law

Obligation to file for insolvency is to be suspended due to the corona virus

Section § 15a InsO stipulates that managing directors of a GmbH and management board members of an AG must file for insolvency without undue delay, but no later than three weeks after the occurrence of insolvency or overindebtedness if their company becomes insolvent or overindebted. On 20. 03. 2020, the BMJV presented a draft law (CorInsAG) according to which this obligation to file for insolvency for companies affected by the Corona pandemic is to be suspended until 30. 09. 2020, unless the insolvency is not due to the effects of the COVID 19 pandemic or there is no prospect of eliminating an inability to pay that has occurred. It also creates incentives to inject new liquidity into the companies concerned and maintain business relations with them. In addition, for a three-month transitional period, the right of creditors to request the opening of insolvency proceedings will also be suspended. In addition, the draft law for the BMJV contains an authoriz…
read more
// Economy law

Claim for land register correction vs. legal situation in rem

A judgment on a land register correction claim does not at the same time also determine the legal situation in rem. This was decided by the BGH in a ruling of February 2018, thus positioning itself on a question that has long been controversial in jurisprudence and literature. In the specific case, legal advisers had sued on behalf of their clients for rectification of the land register, rather than for restitution of property with obtaining a corresponding priority notice. In the opinion of the BGH, this application was not far-reaching enough. Rather, a decision on the ownership situation of the property should have been requested in order to meet the interests of the clients. (BGH, judgment of 09. 02. 2018 - Az. : V ZR 299/14)
read more
// Economy law

Concretisation into a citizen energy company in the EEG 2017

In its decision of 5th September 2018, the Higher Regional Court (OLG) of Düsseldorf has determined the requirements for a citizen energy company and for the permissible form of the management authority in a GmbH & Co. KG in concrete terms. Accordingly, the authority of the management of a civil energy partnership to decide on the amount of the bids to be submitted, to increase limited partnership contributions or to accept limited partners does not lead to an erosion of the voting rights of the shareholders of a civil energy partnership contrary to the purpose of § 36g EEG 2017. (OLG Düsseldorf, Decision of 05.09.2018 - Case No.: 3 Kart 80/17 (V))
read more
Windrad vor blauem Himmel
// Economy law

BVVG has no claim for payment on erecting wind turbines

On 14 September 2018 the BGH announced a judgment eagerly awaited by the wind industry. The BVVG has no claim to payment or right of repurchase for the construction of wind turbines on agricultural land which the property owner has acquired at a reduced price from the BVVG. Accordingly, a provision in the purchase agreement is invalid under which the BVVG can skim off from the purchaser the payments received from the wind turbine operator for the permit. The BVVG had justified this provision by averting the exercise of a BVVG repurchase right. However, the BGH did not accept that argument, as a right of repurchase would not be triggered at all by the use of the land for wind turbines. The BVVG may also have a right of withdrawal only if substantial parts of the sold land are no longer used for agricultural purposes but for wind power generation purposes, which was not the case here. (BGH: Decision from 14.09.2018 – Case Number.: V ZR 12/17)
read more
<