Tuesday, December 16, 2008

How To Make Bellydance Gauntlets

AG Hamburg to the new bankruptcy status of the shareholders of the date of MoMiG

The AG Hamburg (67c IN 478/08) has the new requirement for bankruptcy of the shareholders pursuant to § 15 paragraph 1, sentence 2 Insolvency Act in conjunction with § 15a Paragraph 3 of Insolvency Act in its decision of 27.11.2008, as follows:

"of leadership" within the meaning of § 15 paragraph 1 p.2 new version only exist if the organschaftliche the Company's fact and law no longer exists. An "unknown residence" is not enough.

Thus, the Court has previously expressed the opinion of Römermann, NZI 2008, 641, 654, connected . It continues from: After the receiver objective horizon this provision as meaning that the representative organschaftliche law or in fact may no longer exist.
The opposite view in the literature, however, wanted to affirm the lack of leadership, even if the representative body is unwilling or unavailable to act (like this: Gehrlein , BB 2008, 846, 848). The court rejected such a broad interpretation of the new bankruptcy obligation to protect the shareholders but strictly.
Römermann had been rightly been pointed out that the wording of § 15 paragraph 1, sentence 2 InsO with this understanding of the standard is unztreffend, because the requirement to submit meet to does not "also" the interests beside the dead director, but only these.

The protection of shareholders lodged by the court here in the foreground appears, indeed necessary, as it is not sufficiently clear as to when (and for whom exactly) an unavailability of the manager is likely then. Considering, however, that should be made more difficult with the new rules, the so-called corporate funeral, and that these commercial companies Services often use the appointment of not more later-find managers, the dismissal of members appears from its duty as long as actually a manager there is not any doubt sublime.

Tuesday, December 9, 2008

Value Of A 427ss Silverado

review of Carilat

review of www.Carilat.de, December 2008:

change in the world of Indian

"As we are always on the work of missionaries in the Amazon may be - this book is a worthwhile read, it still offers the rare opportunity to learn a lot about the current situation of jungle Indians -. and missionary work, the author tells here is not what was told him - the author himself led Bible studies in
Indian villages far away from civilization, He personally was the one who desires and dreams, everyday life and the hardships of the Indians . Met "
Read full review on Carilat.de

Sunday, November 23, 2008

How To Get Pokemon Diamond On Your Mac

response of the Federal Government to the minor question on the implementation of the MoMiG

How here reported previously, there was an inquiry by the MPs Kerstin Andreae, Jerzy Montag, Birgitt Bender and other members of the Group and Bündnis 90/DIE Greens to implement the Act to Modernize the law and to combat abuses (MoMiG).

reason for this request were reports of trade associations, which from an uncertainty of those interested in starting a business company reported (limited). Major steps of implementation MoMiG towards creating the new society are still unclear.

The federal government here (BT-Drucks. 16/10739) has referred to the individual questions. As previously reported, there contrary to the request no uncertainty as to the issues raised by the entrepreneurial society. The UG is not a new independent legal status in Germany, but only a special variant of the Ltd. This has the response of the federal government once again clearly emphasized.

regard to the request again raised notary costs, I recommend the essay by:
Sikora / controller / Tiedtke: The effects of MoMiG to the notary fees, MittBayNot 2008, 437ff.
The authors explain with specific examples in detail the relevant constellation the entry into force of the MoMiG.

Monday, November 17, 2008

Random Funny Words In Spanish

Updated MoMiG

The insolvency law provides portal an updated synopsis for MoMiG available. Included is not only the GmbHG nF but especially the changes in the Insolvency Act (although it is still performed the old term indebtedness).


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Saturday, November 15, 2008

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Synopsis The new bankruptcy law: "Back to the Future?" Prof. Haas

Professor Haas has changed in the current issue State law (SR) of 07.11.2008, issue 11, pages 359-360 deals with the changes in the indebtedness of affairs by the Financial Markets Stabilization Act.
He illustrates the differences and similarities between the previous version of § 19 paragraph 2 of Insolvency Act and the "new" term indebtedness, which corresponds to the bankruptcy of the old order. In his opinion, he is then expressed critical of the length of the receiver circuit and the loss of the legislature has sought bankruptcy "objectification", which should avoid delaying the insolvency application scenarios based on hope now. He concluded that the new rule, therefore, to higher Securityholder lead cases and more cases of mass dismissals for lack of will.

A highly readable contribution to the criticism, given the still low insolvency rates and the high number of rejections for lack of assets (§ 26 Insolvency Act) is well understood. Taking into account also the so far limited importance of insolvency trigger offense of indebtedness to the insolvent, the further postponement of the onset of indebtedness by the new version from the perspective of creditor protection is dangerous.

finds the reasoning of the legislature here
( BT-pressure. 16/10600, p. 21) .
Excerpt: "The current Financial crisis has led to large falls in value especially in equities and real estate. This can be for companies that are particularly heavily affected by these losses, leading to an accounting insolvency. Can not these losses are offset by other assets, the institutions were committed to this company to provide, within three weeks of entering this calculated indebtedness for bankruptcy. This would apply even if it can be made for the company in itself a positive continuation forecast and the turnaround is already looming in a few months "

more comments.
also dealt Schmidt, DB, 2008, S. 2467ff. with the new version.

Friday, November 14, 2008

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New essays on MoMiG

The blog justicio.de provides an ongoing list of current journal articles to MoMiG.

addition to the above articles, I recommend with regard to the former equity compensation law nor the recent article by:
  • Schmidt , use, leasing under the Reform of Company Law, DB, 2008, 1727ff; and
  • shepherd The new rules of law. the (previously: for capital) by the shareholder loans MoMiG, WM 2008, 1429ff.
not only from the perspective of capital replacement is pretty interesting:
  • Wedeking, The transitional provisions of the MoMiG - which must respect existing limited liability companies? GmbHR 2008, 1131ff.

Sunday, November 2, 2008

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Small request of Alliance 90/The Greens for the implementation of the law on MoMiG on the entrepreneurial society (UG)

is hardly MoMiG entered into force, already the first questions regarding the new entrepreneurial society are raised: The Alliance 90/The Greens is interested in a little request for the implementation of the Act to Modernize the law and to combat abuses (MoMiG) ( 16/10678) .

content, it goes to the following questions: first
As with implementation of the MoMiG clear whether the Founders can be an entrepreneurial company private persons, legal persons or both?
second What will determine whether the entrepreneurial society itself a shareholder in another company may be such as a basement or Co KG?
third What will be the advertised with the law model protocol for such a society and the working aids are provided in this context?
4th What costs are incurred in the application of entrepreneurial society with the help of the model protocol at the notary and these are cheaper than other business applications without standard record?
5th How will the requirement to specify the precise and how accurate it takes on the name listed in the Act Reference?
6th What, by when and by which agency should the effects of MoMiG
on business start-ups will be evaluated?
7th How is the possible transfer of a business carried mbH, a limited liability company on the Thesaurierungsvorschrift of profits to the achievement of the 25 000 € equity also going exactly?

Source: German Bundestag (hib-release) .

course is the reasoning of the Law Committee MoMiG to some of the issues already information: So be only mentioned that the model printed in Annex (Annex 1 to Article No. 50) specifically states that it is also about the founders a legal person can (Question 1). As for the basement with all standards of the GmbH law and German law, all except the special scheme of § 5a GmbHG apply (see scheme MoMiG, p. 31), the UG is to be a shareholder of other companies in terms of their ability, otherwise to assess than the GmbH. In the basement is not a new legal form but a sub-case of the GmbH (Question 2). With regard to the notary fee, I can here on these previously published entry point (question 4).

Tuesday, October 28, 2008

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entry into force of MoMiG on 1.11.2008

was today proclaimed the law to Modernize the law and to combat abuses (MoMiG) in the Gazette. Under Article 25 of Law MoMiG is thus enter into force on 1.11.2008. Thus one finds in 2005 with the planned abolition of the minimum share capital had begun the legislative process to a close.

see: Federal Law Gazette 2008 Part I No. 48

for procedures that were opened before the entry into force of MoMiG, it remains at the previously applicable law (Article 103d EGInsO). Occasionally, however, thought that at least the legal regulation of the entry into force of the grant of use already MoMiG should be applicable (Holzer, ZVI 2008, 374).

Wednesday, September 24, 2008

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special edition German Law Journal: Entrepreneurs Society (UG) vs Limited Liability

The German Law Journal published A special issue a series of interesting articles on the reform of the German GmbH law. The following publications are available online (pdf format):

especially the article by Dr. J. Schmidt contains a proper comparison between the new German business chief rival of the company and the recent GmbH , the English private company limited by shares. It identifies the basis of the main structures of the two societies, the improvements of the German GmbH law but also the continuing differences.
is rightly emphasized here that one of the main reasons for the current choice of English Ltd. in Germany - the low minimum capital requirement - Will disappear by the creation of the UG. Similarly, pointed out the disadvantages for shareholders and managers, which have resulted from the choice of English law form, despite the sole business in Germany so far. As a still existing differences between UG and Ltd.. Others will have to lead to the German requirement that deviates from the regular GmbH legal form noted, as the stricter German legislation of raising capital. Also, it was not yet succeeded with the MoMiG continue to speed up a Ltd. to achieve. It also addresses some interesting details, such as the still existing possibility of English law or a legal person as a "director" should be used.
could result in the UG, the "invasion" of the Ltd. Although not completely cancel, but was a very attractive rival.
A "must read" for any potential founder of a basement or Ltd.. in Germany.

Saturday, September 20, 2008

Women Playing With Them

notary costs MoMiG to the LLC and the UG (limited)

MoMiG This allows an easier incorporation of the GmbH and the entrepreneurial society (UG). , § 2 allows Abs.1a GmbHG the use of a legal standard record if the company more than three members and one manager has. This document will also participate as shareholders' list. The
memento Publisher In its overview of the Reform of Company once the notary costs identified after the reform:

In relation to the notary costs of certifying the model protocol to other GmbH-company contracts being given priority by the minimum business value of 25,000 €, which is otherwise a starting point for the calculation of costs, when using the standard record (not KostO § 41d-new) applies. This fall, the notary fees at a UG (limited liability) that uses the protocol to something lower than when using an individual partnership agreement. In a one-person UG (limited liability) with a capital of up to 1,000 € triggers the notarization of the model protocol, including the company registration application notary fees totaling € 20 from. The "classical" Ltd. with a minimum registered capital of 25.000 €, there is no savings. This fall at a one-person creation (stock capital € 25,000) € 126 in fees to (84 € for the authentication of the social contract and 42 € for registration), regardless of whether the model protocol is used, or an individual partnership agreement.

Source: The GmbH reform 2008 of the memento publishing (pdf format)

Milena-velba с мужем

MoMiG: Reform of Company Law passed by the Bundesrat

The Federal Council yesterday the Act to Modernize the law and to combat abuses (MoMiG) approved . What was to take (see previous message ), was not a request to convene the conciliation committee made. This MoMiG experienced no changes, and as amended by the Law Committee, as the Bundestag on 26 June, decided in 2008, become law. This is - like Prof. Noack suspected in his blog - may already be the 1.11.2008.
This will also occur no more delays, which is pleasing given the length of the legislative process. At the same time are so numerous but also - significant - Was taken up proposals to the government draft, unfortunately. In the area of the former capital compensation law remain to coexist with many positive modifications, a number of inconsistencies. Further remains to be seen how will insert the new law in the European fundamental freedoms and the goal of acquisition of foreign companies may be thus achieved in practice.

Source: Press release the Federal

see also: Business Legal notes (Prof. Noack)

Tuesday, September 16, 2008

Walking Stick With Seat

MoMiG in the Bundesrat: The Legal Committee recommends to approve the law by not conciliation.

Update: Based on the preview for the 847th Plenary meeting of the Federal Council can be seen that the Legal Committee recommends to approve the law by not conciliation. It seems to - presumably - to be no further delays to the entry into force of MoMiG.

Source: preview the Federal

Act to modernize the GmbH law and to combat abuses (MoMiG)

printed matter 615/08

The law wants the international competitiveness of German company with limited liability increase. Start-ups are easier in the future and registry entries faster. Is complicated, however, the improper handling of distressed or insolvent companies by "Company Services".

The German Bundestag adopted the bill by the government in a new version and it picked up many suggestions of the Federal Council of its opinion of July last year. Thus, the passages for easier incorporation were changed also, in the covert kind. Instead of criticizing the countries of model statutes, the law now in front of an endorsed standard cases establishing protocol. It remains at the level of minimum capital of 25,000 € for the "classical" GmbH. New is the possibility of a capital in the form of authorized capital. The equity compensation law in the Bankruptcy Act is supplemented by regulations on capital-replacing grant of use.

Committee recommendation : The Legal Committee recommends to approve the law by not conciliation.

Monday, June 9, 2008

Clearblue Easy Ovulation False Positive

review of Amerindian Research

review in Amerindian RESEARCH , Issue 2 / 2008, p. 124f.

" This small volume provides an entertaining reading about the daily life of the Candoshi and Caquinte, small Indian groups in the Amazon region of Peru. The author travels as a missionary to Peru, where he spent nearly seven years.

In the book he describes in particular his first impressions, reflects his thoughts on the situations of today's Indians are this author chosen. Encounters described. Encounters, describing the clash of completely different cultures. But while the first missionary efforts in Peru, just after the conquest, were accompanied by violence, the current estimate Missionsierungsversuche are completely different. Today the missionary to the Indians no longer required. In contrast to them, the missionaries have now often the only way to read and write to learn. So they get the basics for a good education.

In the book it becomes clear that the author of the new situation is quite aware. Today's missionary work has lost its terrors, the Indians now offers help, not religious coercion. And reading it is clear that the missionary to his current role quite important
realize. He is like an ethnologist was able to deal extensively with the everyday life of contemporary Indians of the Amazon lowlands. He learned how these people live and think. And he has won understanding for their situation. A fact that is in today's time
quite important. For the natives in the Americas much need assistance in their integration into today's society. It comes as the Church
trust institution to a major role.
If it has become just a thin little book, the content is for anyone concerned with the address the current situation of Indian natives, very interesting. "MK

publication with permission from Dr. Mario Koch, Amerindian Research