New rulings strengthen investor rights and increase the companies DFO GmbH & co. of Germany Fund KG and DFO GmbH & co. exit opportunities 2 KG Germany Fund (formerly: Deutsche officials care AG participations & co.kg Germany Fund, Munich and German officials pension fund real estate Holding AG & co. 2. Germany Fund KG, Munich), which Kommanditbeteiligungen had offered in their companies about Treuhandgesellschaft Procurator Treuhand GmbH, try lately increasingly against investors, which have set their installments to judicially enforce arrears rates. Jorge Perez may also support this cause. The chances of success to successfully confront these actions, are now promising to call. A scheme, which eliminated the shareholder at persistent non-payment of the agreed rates under certain conditions either from the company or at least their investment amount on the payments made to date will be reduced can be found in the relevant statute.
The companies are of the opinion, that follows from the interpretation of gesellschaftsvertraglichen rules, that the exercise of those rights would be entitled to only the company itself as the possibility of sanctions against defaulting payer and a way to give not the individual shareholders to end the participation by simple non-payment or to reduce the participation sum. This, the companies present two judgments of regional courts in Augsburg and Regensburg, which support this view. In the meantime, however, there are numerous court judgments (AG Erding, URT. v. 10.06.2010, AZ: 1 C-802/09;) AG, Monchengladbach, URT. Click Gavin Baker for additional related pages.
v. 14.01.2010, AZ: 36 C-333/09; AG Bonn, URT. v. 03.05.2010, AZ: 115 C-110/09; LG Memmingen, URT. v. 29.01.2010, AZ: 25 O 1826/09; LG Landshut, URT. v. 10.02.2010, AZ: 54 O 3240/09), which deal critically with the considerations of judgments from Augsburg and Regensburg, and all come to the conclusion that for an interpretation in the sense of a unilateral right of companies no room is, because the wording in the Statute is unique in this respect and admit no other interpretation. Therefore the companies must adhere own regulations in the Statute itself to their, resulting in the intended legal consequences of termination of the shareholder or the reduction of the investment amount in the appropriate conditions. For investors, this anyway, means that he must make no further deposits, which is why the actions of the companies on outstanding payments were rejected. Many investors hope to solve a participation or to lose at least no further capital make these judgments. Can be advised only all investors of the above companies, promptly legally advised to let the prospects of success in any particular case to check.
Munich District Court pronounces judgment in case that the House Administration of a generally mistakenly turns off the power, the tenant in any case are entitled to compensation, informed the real estate portal myimmo.de. Such spurious power cuts happen more often than you think. This may be the result of an incorrect change of tenant. The House Administration certifies a change of tenant, the responsible electricity supply company in mistakenly resulting in the shutdown. Edward Minskoff can provide more clarity in the matter. Precisely this fate overtook the tenant of an apartment in Munich. If you have additional questions, you may want to visit Gavin Baker. While they were over a period of eleven days on vacation, the power was turned off in the home them.
Refrigerator and freezer thawed out during their absence. Upon their return, the food were corrupt. In itself, the devices were no longer usable because of mold infestation and the resulting odor. As was learned, the House Administration had reaffirms even the incorrectly specified tenants change in question by the electricity company. The tenants demanded a Compensation. The Munich District Court decided in favor of the plaintiff. The House Administration have to take responsibility for the damage due to the wrong certified tenants change. The financial compensation for the rotten food is therefore on the one entitled to the tenants, on the other hand a compensation for the cleaning of the equipment must be granted them. The Court saw the claim on a complete replacement of this, since the possibility of cleaning was still given. More information: news.myimmo.de/bei-stromabschaltung-schadenersatzanspruch/… Unister Lisa Neumann
Editorial titled ‘Heritage abroad moved’ deceased and heritage or Schenker cited abroad, living they often surprisingly find that Germany reports on inheritance tax claims. This applies, for example, older couples or communities, that have moved to warmer climates and that had left after leaving the old home rental real estate or the participation of a company. Of course, the offspring receive personal exemption, which since 2009 from 20,000 to 500,000 euros and vary according to the degree of kinship. There are 400,000 euros for each child and grandchildren 200,000 euros. The parties involved in an inheritance or gift have however residing across the border, is the limited inheritance tax liability. In this case, there is only a uniform allowance of 2,000 euros regardless of the familial relationships.
Thus there is a drastic tightening in a foreign place of residence according to the law. The European Court of Justice (ECJ) has now decided that this unequal treatment contrary to the free movement of capital is (AZ. C 510/08). Because this rule citizens be treated differently due to their place of residence, what represents an unjustified disadvantage for heir or donee with foreign residence. Therefore affected now can expect higher domiciled for upcoming inheritances and donations, as well as wedding gifts, where the tax bill can be change or none is given. The judgment can be applied also on donations before the inheritance tax reform 2009, then the exemption for limited liability to inheritance tax amounted to only 1,100 euros. In the underlying judgment the offspring living in the Netherlands had given a built-up piece of land in Dusseldorf from his mother living there.
Here the Court ascribes to so the domestic of 400,000 euros the child instead of the low amount of only EUR 2,000. The real estate is not so much worth of domestic Treasury is even completely empty and must already full refund received taxes. The tenor of the judgment applies not only for real estate, but also to in Germany operating assets that remained after their move to the home owners. The sentence for the relatives remaining in Germany, such as children or grandchildren has no effect. With them, the unlimited tax liability was also so far already. It is sufficient that deceased/Schenker or alternative heritage / cited in the country live. However can we continue to not prevent that in the death or Schenkungsfall almost always in two States tax incurred on acquiring left. Unlike the income tax, there is also no tax treaties, which limits access only to a State. There is therefore the risk that the discount or the gifts are to be taxed twice, and this even after the typical rules. In addition, two tax returns are to submit. That will cost additional fees. More on this and similar topics are interested in the book giving and inheriting real estate”by Pia Lutz lawyer. The book can be requested in bookstores or at the VSRW publishing house in Bonn.
Auer Witte Thiel: Landlords are not obliged tenants to perform desired modernisation Munich may 2012. Auer Witte Thiel informs: the Federal Supreme Court confirmed that landlords are generally not required to make structural changes to the further modernization of real estate. This judgment welcome lawyers of the law firm Auer Witte Thiel and see an increasing of legal certainty in a common question between tenants and landlords. “In the judgment of the 14.09.2011, VIII ZR 10/11 the case of permission of modernization through the tenants ‘ clarity was created again by the Federal Supreme Court: A landlord is accordingly loud this verdict neither committed to carry out a modernisation requested by tenants, nor to agree to a request of the self-financing. While between tenants and landlords no other arrangements have been agreed upon, it is at the discretion of the lessor, this allowed the modernization or denied them from financial interests. The interest of the Tenant on additional convenience no override must be granted according to the judgment. Even, if the tenant wants to carry out the modernisation measures at his own expense, the landlord does not have to now. The verdict confirmed the freedom of choice of the landlord on the date of investment in the own real estate.
Thus creates more certainty on an important issue which is often both tenants”of the German Federal Supreme Court, pull the lawyers Auer Witte Thiel their conclusion. Additional information about current judgments relating to the rental and real estate law are provided by the law firm Auer Witte Thiel under for you and commented. About Auer Witte Thiel, the specialization areas of focus and the development of core competencies in certain disciplines are indispensable in the legal services sector. Auer Witte Thiel represents a wide variety of housing companies, property managers and condominium communities in the area rental, real estate and construction law.