legal insights
24. September 2024
Corporate Law: “eGbR” as the supplement for the legal form of a company can also be used before the actual name of the company
With the Act to Modernize the Law on Civil Law Partnerships (MoPeG), which came into force on January 1, 2024, it is possible for civil law partnerships to be entered in the company register. Registration is then accompanied by the obligation to use the designation “eingetragene Gesellschaft bürgerlichen Rechts” (i.e. registered company under civil law)...
Reading time: 4 min
Corporate law
firm news
FGvW advises Midstad on the acquisition of Kasernenstrasse 6 in Duesseldorf
Our firm recently advised the full-service real estate developer and manager Midstad on the acquisition of the office and commercial building at Kasernenstrasse 6 in Düsseldorf’s city center. Midstad plans to comprehensively develop the property once the transaction has been completed. The approximately 1,650 square meter property is located in the immediate vicinity of the...
Reading time: 1 min
17. September 2024
FGvW advises Fidelity International on the acquisition of a 32,000 square meter logistics property in Erfurt
FGvW has advised the investment company Fidelity International on the acquisition of a 32,000 square meter logistics property located in a freight transport center in the city of Erfurt, Germany, for the Eurozone Select Real Estate Fund. The property is let on a long-term lease to CATL, a major Chinese manufacturer of batteries for electric...
9. September 2024
Product Law: The EU Battery Regulation – challenging for companies
The EU Battery Regulation ((EU) 2023/1542), which came into force on August 17, 2023, has been partly applicable since February 18, 2024. Companies are undoubtedly confronted with a complex piece of legislation that requires both entrepreneurial and legal insight. The practical challenges are multilayered. Overview of the Regulation’s subject matter The Battery Regulation is intended...
Product Liability Law
29. August 2024
The “EU Supply Chain Act” is in force
On July 25, 2024, the so-called “EU Supply Chain Act” (Directive (EU) 2024/1760; hereinafter: “Directive”), which relates to the due diligence obligations of companies with regard to sustainability, entered into force. The EU member states have two years – i.e. until July 26, 2026 – to transpose the Directive into national law. Companies to which...
Reading time: 5 min
Compliance
21. August 2024
Corporate Law: Land register changes for real estate partnerships under civil law require prior entry in the company register
Since the beginning of the year, changes to the shareholder structure of a partnership under civil law (GbR) can no longer be entered in the land register, but only in the company register. This was decided by the Higher Regional Court of Frankfurt – and is one of the first decisions on the new partnership...
Reading time: 3 min
16. August 2024
Requirements for opening legal recourse to the labor courts for managing directors of limited liability companies
The Regional Labor Court of Mecklenburg-Western Pomerania (“LAG”) clarified in its decision of May 15, 2024 – 3 Ta 21/24 that a dismissal from the position of managing director does not automatically turn the underlying contractual relationship into an employment relationship. Facts of the case The plaintiff was entered in the commercial register as a...
Employment law
14. August 2024
Limited liability company law: Dismissal of the managing director by the (unauthorized) shareholders’ meeting
As a rule, managing directors are appointed and dismissed by the shareholders’ meeting. The articles of association may deviate from this and transfer powers to other company bodies. The Federal Court of Justice (BGH) has now decided what applies if the shareholders want to “reclaim” the authority in such a case. The case decided by...
12. August 2024
Land register changes for real estate partnerships under civil law require prior entry in the company register
26. July 2024
Corporate Law: Filing of the beneficial owner in the transparency register in the case of multi-level shareholdings
The beneficial owners of companies must be filed with the transparency register. However, it is not always simple to determine the beneficial owner of a company, especially in complex corporate structures. The fact that there are now repeated rulings on this topic – for example by the Cologne Administrative Court (Verwaltungsgericht Köln) at the beginning...
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