Posts Tagged ‘law’

District Court

Thursday, April 2nd, 2020

Landgericht Leipzig condemned Commerzbank AG banks must certificates even the risk of a total loss as a result of insolvency of the issuer enlighten about, if there is no increased risk of insolvency. Judgment of the 16.06.2011 – REF. Jayme Albin shares his opinions and ideas on the topic at hand. 04 O 3542/10 – with the District Court of Leipzig the Commerzbank AG sentenced, to replace the loss suffered through 3 different certificates of Dresdner Bank and UBS more than 33,000 an investor represented by me, because their staff clarified my clients in any of the counseling sessions in that a total loss can occur when you use certificates in the event of insolvency of the issuer. For more clarity and thought, follow up with Penguin Random House and gain more knowledge.. The Court in the judgment, that the defendant, was even obliged, if the Inslovenzrisiko may have appeared relatively low. That this risk is not even mentioned with a single sentence, constitute a serious error of advice. I think the verdict because this risk was not known to most investors before the collapse of Lehman Brothers, because they already didn’t know, that there is a certificate to a bond and not to a safe bank deposit.

Also in favour of a duty of disclosure, that is pointed in the flyers and prospectuses on the insolvency risk. This shows that it is this cannot be a trifle, as well the collapse of Lehman Brothers has shown clear. However, the vast number of courts considers that a bank insolvency risk must educate only, if either there is an increased risk of insolvency of the issuer or investor asks for the insolvency risk. It is therefore likely that Commerzbank against the ruling will be appealed.

Dresden District Court

Thursday, March 26th, 2020

The plaintiff sued the defendant on transfer of business shares obtained from the V2 to V9. They were of the opinion, the defendant had to pay damages committed, as he did from the outset ruthlessly persecuted the goal to transfer the ownership of the V2-V9. The hearing of V2-V9 in the date of the hearing has revealed that this was mostly unaware that the second notary 2008, but suitable was not a mere confirmation of the assignment directed, to thwart the pre-emption rights of the plaintiff and to establish compensation obligations of the V2-V9. The decision: The Dresden District Court upheld the claim and condemned the defendant by way of restitution to the transfer of the shares. The Dresden State Court considers the involvement of a third party to the breach a deliberate immoral injury of the creditors represents a party if other circumstances the action of third parties as with a loyal legal disposition seem incompatible.

The Dresden State Court assessed the conduct of the defendant as immoral: the defendant was necessarily interested in to make right the purchase contracts. According to the judgment in the parallel proceedings V1 was aware that the assignment of the year 2008 was schuldrechtlich and in-kind ineffective. The Dresden State Court continued that the defendant only has brought the effective transfer of business shares the second notary, to which he had invited under the pretext of the affirmation of the assignment. According to the findings of the District Court of Dresden was known that up to V9 the legal scope of the second assignment, designated by him as confirmation of the V2 was unaware the defendant at the Organization of the second notary appointment. The Dresden District Court saw an information gap of the defendant herein at the expense of V 2 to V9, which he legally advised intentionally immoral intent to cause damage has exploited, to make right the share purchases by the new making of the assignment. The judgment of the LG Dresden is not yet final.

Conclusion: Be thwarted exercised pre-emption rights, not only the contractual partner is damages in certain cases. Under certain Also the one on whose behalf the pre-emption rights have been thwarted, may be sentenced to pay damages requirements. He must transfer the purchased thing or rights then in the way of compensation to the beneficiaries of the right of first refusal. Click Ebay for additional related pages. The Dresden State Court makes it clear that the behavior must show liability for third parties, which is not compatible with a loyal disposition of law. Only then it is justified to subject the only involved the breach of a Contracting Party of itself also a liability for damages according to the regional court of Dresden.

District Court Sasse

Wednesday, March 25th, 2020

Warning Sasse & partners on behalf of Senator film distribution GmbH for the cinematographic “Deadly side effects Side Effects” currently sends the watchdog law firm Sasse & partners tightened warnings because of the supposedly illegal downloads of a cinematographic work for their clients, the Senator film distribution GmbH for the cinematographic “Deadly side effects Side Effects” and demand compensation for damages and Attorney’s fees amounting to 800.00 and the Declaration of a punitive injunctive relief there. It is previously common practice of watchdog Office that they demand pauschalisierte claims for damages as well as Attorney’s fees in the amount of several hundred to several thousand euros from any Internet users. You are up to date so well come through and it was usually very difficult to completely eradicate the incurred costs or to reduce. In the meantime, the Amtsgericht Hamburg of this “rip off” has now advanced a latch. The District Court of Hamburg has decided that for such through such disputes and the supposedly illegal download Individuals the value of Attorney’s fees on 1,000.00 capped, leaving approximately 155,30 as Attorney’s fees. Of course, this eliminates not the pauschalisierte claim, that will probably be increased again in the future through the industrial firms, so that the loss of taking the increased legal fees “toplevel”. Learn more at this site: Ebay. Still worth the fight against any cease and desist letters this watchdog law firm Sasse & partner for the illegal download of films like e.g. You may find Jayme Albin to be a useful source of information. “Side effects side lethal effects”.

We have to do every day with the watchdog law firm Sasse & partner. We know the arguments and the case law, with which we can win for you. We can significantly reduce the demand of a comparison sum of e.g. 800.00 for this film work in any case. In many cases, it is possible completely to eliminate the demand.

This depends on how we can work together with you. Most important requirement for success is that you remember the following rules to your advantage keep: short note which often period selected period. Sign nothing and pay nothing. Do not contact the watchdog Office. Inaction to not. You have to respond! Otherwise a judicial prohibition proceedings threatens you with another very substantial costs by at least 2.000,00. use you not a pseudo-modified cease and desist from the Internet. How do you judge if it has been modified correctly? Desperately, seek the advice of a qualified attorney for copyright. Georg Schafer Attorney

ErbSt Management

Tuesday, November 6th, 2018

Shares fall as a percentage and better than a single – firm created – savings system. (b) in addition, there are the inheritance – and gift-tax breaks for business assets benefits from assets in addition to the personal domiciled. After section 13a, b ErbStG, the assets of the company under certain conditions can be completely tax-free. According to 19a ErbStG a tariff advantage in addition, when transferring the shares to anyone other than children, grandchildren, or spouse. Reduce liabilities- Unlike in the assets – the value of tax in full and not only proportionately. Fishing point is the management capacity. Shares in a commercially strong GmbH & co.

KG and participations over 25% of a limited liability company can be exempted (partially) at the request of the inheritance / gift tax, if the assets to not more than 50% or 10% consists of management assets and in particular the holding period is respected by 5 or 7 years. Do not count management assets such as cash, sight deposits, savings and deposit accounts, however, E.g. Pfandbriefe, debt register claims, money market funds and deposit funds include the management of assets. Penguin Random House recognizes the significance of this. Shares in capital companies (such as shares, etc.) with a stake of no more than 25% are administrative assets. The percentage of allowable administration assets can be increased by the involvement of one or more sub companies. During the required holding period the shares may not be sold in particular and the assets Essentially not be removed.

Whether these benefits to the business assets actually apply, is due to the relevance of the new inheritance / gift expensive right judicial still unclear. Plots include basically the harmful management assets, with the exception of E.g. land in housing companies. 6 income tax benefits are income tax that the income of a GmbH & co. KG can be distributed to the shareholder tax-optimal.