Unpaid Taxes in Germany – How can Criminal Liability be avoided?
SUMMARY I. Unpaid Taxes in Germany – First alternative: Just doing nothing, nobody will ever know… At the end of the year, taxes often play an important role. Sometimes taxpayers come to the conclusion that there are taxes they had to pay, but payment has never happened. This can lead to delicate situations as violations […]
Next Stop: German Telecommunications Modernization Act!
SUMMARY I. The German Telecommunications Modernization Act is coming Actually, good news for those invested in the German telecommunications sector: German telecommunications law will be comprehensively revised by the Telecommunications Modernization Act in 2021. The Federal Cabinet adopted the bill on December 16th, 2020. It implements the European Electronic Communications Code (EU Directive 2018/1972) from […]
Compliance Due Diligence of a German Target
SUMMARY I. Compliance liability by acquisition of a company: Compliance due diligence Compliance due diligence of a German targetis of upmost importance in the context of corporate transactions, even if smaller companies are to be sold. Why is that so? It is not the buyer’s fault if the company has not complied with the law […]
What you need to know about the US Department of Labor’s Final Rule to clarify Independent Contractor Status under the Fair Labor Standards Act AND your Global Workforce Strategy
SUMMARY I. Distinction between employee and independent contractor: Current legal situation The Department of Labor’s (DOL) Wage and Hour Division issued a final rule revising its interpretation of independent contractor status under the Fair Labor Standards Act of 1938 (FLSA) on Jan. 6. This is supposed to “promote certainty for stakeholders, reduce litigation and encourage […]
Risk of Class Actions due to Data Breaches rises quickly
SUMMARY I. Data breach landmark ruling from London At the end of 2018, the Court of Appeal in London made a significant decision that seemed to have serious consequences, even beyond the borders of England (Wm Morrisons Supermarkets Plc v Various Claimants [2018] EWCA Civ 2339). According to this ruling, an employer is liable for […]
The Regulatory Regime for Hainan FTP has been Relaxed
SUMMARY I. Gigantic port project – Hainan FTPII. Hainan FTP 2035: World leading commercial heavyweight?III. Background of the expansion of Hainan FTPIV. Which bans have specifically been relaxed or lifted?V. Conclusion: Hainan FTP – a new trade (sleeping) giant is awakening I. Gigantic port project – Hainan FTP The Chinese Ministry of Finance and the […]
The German Supply Chain Act – New Compliance Challenges for Companies in Germany
SUMMARY I. New German Supply Chain Act is about to be passedII. Requirements of the German Supply Chain ActIII. Duty of risk analysisIV. Duty to follow up and make an effortV. The German Supply Chain Act in an international contextVI. Evaluation of the German Supply Chain Act – What can you do? I. New German […]
SEEN FROM A GERMAN PERSPECTIVE – The Chinese Foreign Investment Law
SUMMARY I. German investors benefit from the new Chinese Foreign Investment LawII. Adapted industry catalogs offer opportunitiesIII. The most important advantages for German investorsIV. Uncertainties remain, but risks are controllableV. Special problem -National Security Review-?VI. The leap to China is possible on firmer legal ground I. German investors benefit from the new Chinese Foreign Investment […]
How Foreign Enterprises Set up Branches (Representative Offices) in China
SUMMARY 1. Differences between representative offices and foreign-invested enterprises i. Is the establishment subject to approval? ii. Is there any restriction on the industry available for them? iii. Is there any restriction on the proportion of shares held by investors?2. What is a representative office?3. What can a representative office do?4. Under what circumstances can […]
How Can A Foreign Investor Set up A Limited Liability Company in China?
SUMMARY As explained in my previous post, if foreign investors wish to enter the Chinese market, they may consider setting up a branch (representative office) first. If foreign investors want to further localize their businesses in China, they may then consider setting up a limited liability company. This post will focus on how a foreign […]
