Kategorie: Politics Law Society

Marc Klaas at MTR Rechtsanwälte ranked among “Best M&A Lawyers” The German business newspaper Handelsblatt has published its list of “Germany”s best lawyers in 2020,” featuring Marc Klaas at MTR Rechtsanwälte in the category “mergers and acquisitions.” Each year, Handelsblatt identifies the best lawyers in various legal fields in collaboration with the U.S. publisher Best Lawyers. This distinction is one that lawyers particularly prize, as it shows that their skills and expertise are recognized and held in high esteem not only by colleagues at their own law firm but also…

Commercial Agency Law: COVID-19, Commission & Contract Design The coronavirus crisis marks the beginning of difficult times for many commercial agents. It also raises a number of legal issues in connection with commission payments, claims for compensatory adjustment, etc. Despite the effects of the coronavirus pandemic, commercial agents can still maintain contact with their clients via telephone, email, etc. Personal contact in the form of one-to-one meetings in familiar environments, on the other hand, is no longer feasible in most cases. This, of course, makes the work of commercial agents…

Commercial tenancy law – The devil is in the detail There are a number of material differences between commercial tenancy law and tenancy law as it applies to private sector housing. The way in which leases for commercial premises are formulated is therefore a matter of particular importance. Commercial tenancy law is not a field of law unto itself. As in the case of residential tenancy law, it is regulated by the provisions of the German Civil Code (Bürgerliches Gesetzbuch, BGB) dedicated to tenancy law. That being said, these reflect…

Family law: Benefits of a prenup A prenuptial agreement may not be romantic, but it does afford protection to spouses and allow all the major issues – including, of course, financial matters – to be clarified when times are good. We at the law firm MTR Rechtsanwälte admit that when couples are planning to tie the knot, separation is unlikely to be at the forefront of their minds. A prenuptial agreement is perceived by many brides and grooms-to-be as unromantic, but it is in fact a key component of planning…

Compliance – Preventing economic loss Compliance is an important topic not only for large corporations but also small and medium-sized enterprises that want to avoid breaking the law and incurring penalties as a result. Compliance with contractual provisions and legislation is a key issue for every business, irrespective of its size. Businesses need to make sure that each of their employees consistently complies with the law. We at the commercial law firm MTR Rechtsanwälte note that efficient compliance management systems can ensure that violations are not committed by anyone from…

BFH: Only legacies and gifts from legal father enjoy privileged status The legal father and the biological father may not be the same person. This has tax implications, as only legacies and gifts from the legal father fall under tax bracket I, the most favorable tax bracket. A child or stepchild who inherits from his legal father will come under tax bracket I, the more favorable tax bracket. This also applies to gifts. We at the commercial law firm MTR Rechtsanwälte note that tax bracket I offers significant advantages over…

Changes to German stock corporation law due to COVID-19 – Virtual general meetings The impact of the coronavirus pandemic extends to German stock corporation law. To ensure that businesses remain capable of functioning effectively, stock corporations can now also hold virtual general meetings. The general meeting is a key governing body within a German stock corporation that facilitates communication between the executive and supervisory boards and shareholders. Its primary function is to adopt resolutions. The German Stock Corporation Act (Aktiengesetz, AktG) provides that general meetings require personal attendance. The stock…

Applying to register a trademark with no intention of using it – Abuse of injunction suits and damages claims Anyone seeking to register a trademark should actually intend on using it. According to a ruling of Germany”s Federal Supreme Court, the Bundesgerichtshof (BGH), holding a trademark with the sole intention of asserting claims against third parties represents an abuse of the law. It is only the proprietor of a trademark who benefits from trademark protection, i.e. only he may make use of the trademark. We at the commercial law firm…