Deutsches Recht: Blick zurück 2016

Unternehmens- und Gesellschaftsrecht

Year in Review - German Law in 2016

Corporate and Commercial

Amendment to the Stock Corporation Act: The Amendment to the Stock Corporation Act 2016 (Aktien-rechtsnovelle 2016) introduced, among other things, the option to issue preference shares without subsequent payment, an extended conversion right for convertible bonds, a limitation of the issue of bearer shares for non-listed companies and new provisions on the due dates of dividend payments.

Ausgangssituation

In retrospect, 2012 likely will be remembered as another year of manifold challenges in the Eurozone and of slow consolidation rather than one of fundamental reform or renaissance. However, the policy of Mr. Draghi, the chairman of the European Central Bank, appears to have stabilized the markets and the Euro since last summer, Germany's economy is prospering and the stock markets are almost back to pre-2008 levels. Nonetheless, there are fundamental doubts that the measures taken have a lasting effect and will fundamentally reform the economies in the Eurozone.

In two recent judgments, the Federal Court of Justice (BGH) dealt with the resistance to insolvency of the statutory claim for deletion of a land charge and the resistance to insolvency of the claim for restitution of higher or equal ranking land charges which has been assigned for security purposes. Abandoning its existing case law, the BGH answered the question of resistance to insolvency of the statutory claim for deletion from the register as per section 1179a of the German Civil Code in the affirmative in its judgment dated 27 April 2012 (BGH, judgment of 27.04.2012 – V ZR 270 / 10).

HansOLG Hamburg, decision of February 3, 2012 - 8 U 39/11

30 March – 5 April 2020 COVID-19 Weekly Report | 06/04/2020 © Copyright LBR 2020 2 Table of contents 1. Executive summary............................................................................................................................................ 3 2. Key legal issues this week ................................................................................................................................. 4 3. Recent developments ........................................................................................................................................ 5 4.

A SUMMARY OF MAJOR DEVELOPMENTS IN KEY AREAS GENERAL COUNSEL UPDATE 27 February 2014 LEGAL GUIDE EDITION 37

ICELAND INTRODUCES A PLAN TO LIFT CAPITAL CONTROLS

In a move that creditors have been waiting patiently forsince 2008, the Icelandic government has finally taken a step towards the lifting of capital controls which were imposed in Iceland after the financial crisis that will impact the main three failed banks;Kaupthing, Landsbanki and Glitnir.

Hong Kong’s notoriously landlord-friendly leases make it hard to renegotiate terms during an economic downturn, tying many tenants into leases well above market values. The territory’s high rents, added to 24 months of declining retail sales, have left retailers in Hong Kong feeling the chill. Many tenants may wish to look beyond their contractual rights and obligations to find a commercial solution. In such difficult circumstances, there are six options retailers could consider.

1. Rent restructure