Prof. Dr. Sabine Otte-Gräbener (Berner Fleck Wettich) deals in her contribution to the commemorative publication for Volker Triebel with the legal issues and consequences in practice of the temporary exception provided for in section 2 COVMG pursuant to which shareholders can adopt resolutions by circular resolution without the consent of all shareholders notwithstanding section 48 (2) German Private Limited Companies Act (GmbHG). Besides, she presents concrete proposals for a (permanent) reform of section 48 (2) GmbHG.
Dr Carsten Wettich (Berner Fleck Wettich) deals with the applicability of the One-Third Participation Act in issue 11/2021 of the journal “GWR”. In its decision of 25 November 2020 (38 O 4505/20), the Regional Court of Munich I ruled that the number of employees to be determined for exceeding the threshold of 500 employees within the meaning of the One-Third Participation Act is not to be determined by counting on a certain reference date, but by taking into account the past and future development. Dr Carsten Wettich welcomes the fact that the court thus extends the principles already recognised for the question of the applicability of the MitbestG to the DrittelbG.
In the same issue, Prof. Dr. Sabine Otte-Gräbener deals with the authority of the insolvency administrator to release a professional secrecy holder from its duty of confidentiality. If a legal entity has a protected relationship of trust with a professional secrecy holder (such as an auditor), the current representative body can release the latter from its duty of confidentiality.
As in previous years, the seminar on the tax and foundation law support of family foundations in practice, organised by the FORUM together with the law firms Peters, Schöneberger & Partner from Munich and Berner Fleck Wettich from Düsseldorf, will take place in Frankfurt on 21 September 2021. Dr. Thilo Fleck lectures on foundation law topics, including the legal position of beneficiaries and foundation bodies (employment, remuneration, liability) as well as on the maintenance of the articles of association, structural change and reform of foundation law. The effects of the corona crisis on family foundations are also examined.
If you are interested in the event, please contact us for a discount on the participation fee for clients of Berner Fleck Wettich.
You can find more information (in German) about the event and the possibilities of registration here.