Recently been converted to an electronic format The trade registers have recently been converted to an electronic format and it is now no longer possible to file hardcopy documents. Parallel to the local registers, the Federal Gazette maintains a database of registered businesses. It is open to interrogation by membersRead More →
Acquire a domestic company Types of investments Basically, foreign investors can set up a new domestic company or acquire a domestic company. This decision depends on a number of geographical, financial and industrial factors, all of which need to be considered. A cost-beneft analysis or refer- ence analysis always hasRead More →
Wide range of measures for insurance supervision Ladder of actions for insurance supervision: The Insurance Act provides BaFin with a wide range of measures for insurance supervision, from the prudential and consumer protection perspectives. These measures, however, have not been translated into a formal “ladder of actions” to guide interventionsRead More →
Trade registers Trade registers Each entity carrying on a trade or business in Germany must register with the local registry court (trade register) for the town of its seat or of its principal place of business. Branches in other towns must also be registered if the branch effectively trades independently,Read More →
A decree of the German Finance Ministry According to a decree of the German Finance Ministry the following criteria could be used in order to determine whether a foreign entity qualifes as a corporation or as a partnership from a German perspective. List of possible criteria determining a corporation orRead More →
2013 a formal“ladder of actions” for banking supervision Ladder of actions for banking supervision: BaFin adopted in December 2013 a formal “ladder of actions” for banking supervision that sets out a series of supervisory actions and measures when deficiencies are identified in organisational matters, capital adequacy or liquidity. Although theRead More →
Initiated legislation to limit the remuneration of directors In one of the first reactions to the worldwide financial crisis, the government initiated legislation to limit the remuneration of directors of, particularly, public companies to levels justified by the performance of the company and by the market generally. Company performance mustRead More →
GmbH&Co. KG is a typical combination German company law also allows for combinations between partnerships and corporations. The GmbH&Co. KG is a typical combination allowing for direct proft allocation at the level of the partners while avoiding the required unlimited personal liability of a partner. There is also the optionRead More →
Timely and effective supervisory intervention Timely and Effective Intervention Timely and effective supervisory intervention that is commensurate with the nature and severity of identified issues ensures that the institution takes appropriate corrective actions. An important tool in this respect is a “ladder of supervisory actions”: EU Forecast euf:ba.18.j:25/nws-01Read More →
Corporate management boards are held to a semi-voluntary code of conduct Corporate governance Corporate management boards are held to a semi-voluntary code of conduct and disclosure, the Code of Corporate Governance. The text of this code is periodically updated and is maintained by the Federal Ministry of Justice. As such,Read More →
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