All articles by Christoph Schmitz-Schunken
CORPORATE
Managing director in a start-up? You should be aware of this!
The GmbH is the most frequently chosen legal form for start-ups in Germany. It is quick and easy to set up, well-established with investors and offers a wide range of legal structuring options. However, the appointment as managing director not only brings prestige but also considerable legal and economic responsibilities.
CORPORATE
The value of a company: How to choose the right valuation method!
CORPORATE
Is an internal or external succession solution better for company succession?
CORPORATE
When should you start preparing for company succession?
TAX
Inbound investment to Germany – spotlight on three selected aspects
Insights into foreign investment in Germany with a focus on convertible loan agreements, tax updates in accordance with the Growth Opportunities Act 2024, and the transformative effects of the MoPeG Einblicke in ausländische Investitionen in Deutschland mit Fokus auf wandelbaren Darlehensverträgen, Steueraktualisierungen gemäß Wachstumschancengesetz 2024 und transformative Auswirkungen des MoPeG
CORPORATE
Corporate Directors and Officers Personally Liable for Insufficient Insurance Coverage, D&O-Insurace counts
The verdict from the German Higher Regional Court in the city of Kiel dated February 26, 2024, Case No. 16 U 93/23, casts a spotlight on the essential duties of corporate management within the framework of operational risk prevention and insurance management. In a world where companies are increasingly exposed to complex risks, from natural disasters to cyber-attacks, this verdict holds particular significance. It concerns not only the specific situation of a bakery that suffered considerable damage from a fire but also the fundamental question of how meticulously directors and officers must review and adjust their company’s insurance coverage.
COMMERCIAL
Jurisdiction agreement and private autonomy
Establishment of the foreign connection within the meaning of Art. 25 Brussels Ia Regulation by party agreement
CORPORATE & TAX
Inheritance tax / estate planning / business succession
Sections 13a–13c of the German Inheritance Tax Act (ErbStG) grant privileges for the acquisition or transfer of business assets, shares in corporations, and agricultural and forestry businesses, which may, under certain circumstances, ensure that the transfer of these assets is completely tax-exempt. The individual requirements for this are very complex and multifaceted.
CORPORATE
Dismissal of the GmbH managing director
When it comes to dismissing managing directors of a limited liability company (GmbH), it is important to be aware of the legal process and possible consequences. Wenn es um die Abberufung von Geschäftsführern einer GmbH geht, ist es wichtig, sich über den rechtlichen Prozess und mögliche Konsequenzen im Klaren zu sein.
CORPORATE