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    Auf Wiedersehen to the tax privilege on restructuring gains - a blow to the German restructuring tool kit
    2017-03-08

    A recent judgment of the German Federal Fiscal Court (FFC) will have significant impact on the restructuring tool kit afforded under German law. The FFC has found that the existing practice of permitting a tax liability arising from restructuring gains to be deferred and (eventually) waived violates fundamental principles of German law. The ruling has created uncertainty regarding the proper tax treatment of restructuring gains, which may have the effect of diminishing the prospect of success of a restructuring for a company in financial distress.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Tax, White & Case LLP
    Authors:
    Riaz K. Janjuah
    Location:
    Germany
    Firm:
    White & Case LLP
    AIPPI's resolution on "IP Licensing and Insolvency": will this re-ignite legislative initiatives in Germany?
    2014-11-04

    During its 44th congress in Toronto, on September 17, 2014, the International Association for the Protection of Intellectual Property (AIPPI) adopted a resolution on "IP Licensing and Insolvency". The resolution regarding "Question Q241" can be accessed via AIPPI's website using the following link:https://www.aippi.org/download/commitees/241/RS241English.pdf.

    The Resolution 

    Filed under:
    Germany, Global, Insolvency & Restructuring, Intellectual Property, White & Case LLP, Right of first refusal
    Location:
    Germany, Global
    Firm:
    White & Case LLP
    The new German laws governing the restructuring of companies
    2012-03-06

    German Insolvency Law – a Leap Forward

    Creditors have often complained that German insolvency law does not give them sufficient influence in insolvency proceedings. On 1 March 2012 new amendments to the German bankruptcy code came into force which go some way towards ameliorating this concern and make a host of changes which should improve German insolvency law to facilitate an insolvency culture which facilitates reorganisation rather than liquidation of assets.  

    Filed under:
    Germany, Insolvency & Restructuring, White & Case LLP, Shareholder, Debtor, Liquidation
    Authors:
    Leïla M. Röder , Dr. Tom Oliver Schorling , Stephen Phillips
    Location:
    Germany
    Firm:
    White & Case LLP
    The new German laws governing the restructuring of companies - it's time for change!
    2011-06-06

    On the bill of the Federal German Government for an Act Serving the Further Facilitation of the Reorganization of Enterprises (ESUG)

    Filed under:
    Germany, Insolvency & Restructuring, White & Case LLP, Legal personality, Shareholder, Debtor, Unsecured debt, Balance sheet, Commercial law, Debtor in possession
    Authors:
    Leïla M. Röder , Dr. Tom Oliver Schorling , Dr. Sven-Holger Undritz
    Location:
    Germany
    Firm:
    White & Case LLP
    Bundesfinanzhof verwirft Sanierungserlass
    2017-02-08

    Welche Folgen hat die Entscheidung für abgeschlossene Verfahren? Was bedeutet sie für die Zukunft?

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Tax, Freshfields Bruckhaus Deringer LLP
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Subordination of certain unsecured debt Instruments in Germany under the Resolution Mechanism Act
    2015-12-03

    Overview

    In November 2015, the German legislator passed the Resolution Mechanism Act (Abwicklungsmechanismusgesetz, AbwMechG). The law introduces, among other things, Section 46f (5) et seqq. of the German Banking Act (Kreditwesengesetz, KWG), which requires that claims under certain unsecured debt instruments be subordinated to general senior unsecured obligations in an insolvency proceeding involving a German bank.

    Filed under:
    Germany, Banking, Capital Markets, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Unsecured debt
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Law on restricting of financial institutions passed
    2010-11-18

    The German parliament (Deutscher Bundestag) has recently passed a law on the restructuring and dissolution of distressed financial institutions, establishing a sector-wide restructuring fund and extending the statute of limitations for the liability board members (Restructuring Act).

    Filed under:
    Germany, Banking, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Statute of limitations, Board of directors, Distressed securities, Bundestag
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Insurance and reinsurance news
    2010-02-18

    the recent equitable life case, decided by the higher regional court of celle (the olg celle), is the first example of a german court considering the recognition of a uk creditors' scheme of arrangement.

    Filed under:
    Germany, United Kingdom, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Reinsurance
    Location:
    Germany, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Commercial leases in the COVID-19 pandemic
    2021-03-15

    The COVID-19 pandemic in Germany is significantly affecting commercial landlords and tenants. The German legislator has taken various measures to mitigate the consequences of officially ordered business closures during lockdown and other pandemic-related adverse effects. 

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Real Estate, Tax, Freshfields Bruckhaus Deringer LLP, Private equity, Coronavirus, Commercial tenant, Federal Court of Justice
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Turbulent times ahead for struggling European businesses or more extensions? The upcoming spring ‘cliff edge’ or a softer landing?
    2021-02-17

    Over the last 12 months, global markets have been amazingly resilient, indeed even buoyant, aided in large part by governments around Europe and the world providing seemingly unlimited funding and extensive financial stabilisation measures, such as quantitative easing.

    This, coupled with protective legislation for companies to prevent insolvency filings and to ensure continued trading – for example, moratoriums, relaxations on insolvency filing obligations and restrictions on creditor actions – has given businesses significant breathing space and prevented widespread failures.

    Filed under:
    Germany, Global, Netherlands, Spain, United Kingdom, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Coronavirus
    Authors:
    Richard Tett , Lindsay Hingston
    Location:
    Germany, Global, Netherlands, Spain, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP

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