Friedrich Graf von Westphalen & Partner
Friedrich Graf von Westphalen & Partner

Dear clients, partners and friends,

As the end of the year is approaching, everybody is feeling the spirit of the Holidays – even though in most places in Germany our famous Christmas Markets are closed this year and we are drinking our mulled wine at home. 2021 might not be remembered as the best year ever, but it also had its good sides: for us as a firm and also for many of our clients, friends and partners, it was a year of steady growth. We therefore look into the future with confidence and towards the challenges and opportunities 2022 will bring.

Since December 8th, 2021, Germany has a new Federal Government. While Angela Merkel left office with a twinkle in her eye, choosing the song of a female punk rocker well-known in Germany to be played by a marching band during her farewell ceremony, the new „traffic light“ coalition started their agenda with ambitious plans, some of which we will go into little more detail in our article on Germany below.

So, perhaps with a mug of mulled wine in your hand, we invite you to enjoy reading our newsletter and wish you a peaceful time around Christmas and a refreshed and courageous start into the new year!

Yours sincerely,

Friedrich Graf von Westphalen & Partner

Legal News Germany

Coalition agreement 2021: Planned changes in corporate and company law
The "Dare to make more progress" coalition agreement between the SPD, Bündnis 90/Die Grünen and FDP contains only a few and ultimately expected plans for legislative changes in corporate and company law. For an initial overview continue reading here >

Corporate Law: Necessity of electronic confirmation of receipt when voting rights are exercised electronically at annual general meetings
Usually, the virtual general meeting is also associated with electronic voting. But even independent of the pandemic, it is possible to enable shareholders to participate virtually and to exercise their voting rights electronically. The prerequisite for this is that the Articles of Association provide for this or authorize the executive board to do so. read more >

Corporate Law: The foundation costs of limited liability corporations
The (reasonable) foundation costs for a UG (limited liability) or limited can exceptionally be imposed on the company. This requires careful handling: Such shifting of costs to the company requires an explicit provision in the articles of association as well as a careful assessment if the costs are reasonable. read more >

Labor Law: Unilateral Orders for Employees to Return from the Home Office?
If an employer - also against the background of the Corona pandemic and the relevant occupational health and safety regulations - had allowed his employee to perform his work from home, can he then unilaterally order the return from the home office for operational reasons? The Munich Regional Labor Court had to decide on this. read more >

Labor Law: Delivery service must supply bicycle couriers with bike and cell phone
Bicycle delivery drivers (so-called "riders") who deliver food and drinks and receive their orders via a smartphone app are entitled to have their employer provide them with the work equipment that is absolutely necessary for them to carry out their work. This was decided by the Federal Labor Court in its ruling of November 10, 2021. read more >

Leadership Positions Act II: Women's Quota also for Board Members and the Right to Take Time Off
The Second Leadership Positions Act ("FüPoG II") came into force on August 12, 2021. It represents a further development of the FüPoG which came into force in 2015: The women's quota introduced at that time for supervisory boards of listed companies and companies with equal co-determination is extended to the management boards of these companies. read more >

Tax Law: Tightening of exit taxation at the turn of the year
On May 21, 2021, the German Bundestag passed the Anti-Tax Avoidance Directive Implementation Act (ATAD Implementation Act). The Bundesrat gave its approval on June 25, 2021. To learn more about the main changes please continue reading here >

Brexit Legal News

Brexit: Legal capacity and party capacity of a British limited company
A British limited company with its administrative headquarters in Germany cannot be the bearer of rights and obligations: it does not have legal capacity or party capacity in Germany and therefore cannot conduct legal proceedings here. This was recently decided by the Munich Higher Regional Court. read more >

EU Law

Whistleblower Directive: New Compliance requirements for numerous companies
The "Lux Leaks" and "Panama Papers" financial scandals have one thing in common: they were made public by whistleblowers. The personal consequences for whistleblowers are often serious. The EU took this as an opportunity to issue a directive on the protection of whistleblowers. read more >

Germany Good to Know

Germany’s new government – new faces, new plans
After 16 years of chancellorship of Angela Merkel, Germany has a new Federal Government under Chancellor Olaf Scholz. The new government has ambitious plans for Germany. read more >

Accolades

FGvW Again Recognized as a Leading Business Law Firm in 2021/2022
In the 24th edition of the "JUVE Handbook of Business Law Firms", FGvW is again ranked among the top 50 German law firms. JUVE particularly highlights our strong performance in the areas of corporate law and M&A, insurance law with a focus on product liability and manager liability, trademark and competition law, distribution law, labor law and advice on healthcare and startups. read more >

"Focus Spezial" - Law and Advice 2021: FGvW Once Again Named Top Commercial Law Firm
Once again this year, the news magazine Focus has included Friedrich Graf von Westphalen & Partner in its ranking of "Germany's leading lawyers and corporate law firms". read more >

Inside FGvW

FGvW expands product liability and food law practice - Hildegard Schöllmann joins as Local Partner in Cologne
Hildegard Schöllmann (45) will strengthen our product liability practice in the areas of food and consumer goods law as Local Partner as of December 1, 2021. In addition, Hildegard Schöllmann will further promote the comprehensive advice in food and consumer goods law issues at our Cologne office. read more >

FGvW Appoints two New Local Partners in Information Technology and Labor Law
With effect from January 1, 2022, we have appointed our experienced lawyers Birgit Münchbach (M&A/Corporate, Information Technology) and Annette Rölz (Labor Law) as Local Partners. read more >

Print
www.fgvw.de
Imprint

Friedrich Graf von Westphalen & Partner mbB | Rechtsanwälte. Managing Partners:

Carsten Laschet, Cologne
carsten.laschet@fgvw.de

Dr. Barbara Mayer, Freiburg
barbara.mayer@fgvw.de
If the newsletter is not displayed correctly, please go to our webview.
If you do not wish to receive our international newsletter, please click > here < to unsubscribe.