Latest Posts in the WINHELLER Blog:

Minority Protection in German Associations: Calling of General Meetings by the Courts

Jan 23, 25 • Nonprofit Associations • No Comments • Johannes Fein

In a recent decision dated September 05, 2024 (case no. 27 W 73/24), the Hamm Higher Regional Court (OLG) rejected an association’s appeal against the court’s authorization to convene a general meeting. The case shows how important the rights of association […]
Special Representatives in German Associations: Delegation of Duties and Liability

Jan 17, 25 • Nonprofit Associations • No Comments • Johannes Fein

In order to cope with the number of tasks that arise, clubs or associations in Germany have the option of a special representative in accordance with Section 30 of the German Civil Code (BGB). If an association has a special representative, […]
The Berlin Will and Compulsory Portion Penalty Clause in Germany

Dec 17, 24 • Inheritance Law • No Comments • Johanna Rengel

How to ensure that the sole heir actually remains the sole heir The Berlin will, whether drawn up by hand or by a notary, is a common way in Germany for married couples to make their last wishes known. The purpose […]
Competencies of the German Foundation Board: Considerations for Founders when Drafting the Articles of Association

Nov 14, 24 • Assets, Foundations, Succession • No Comments • Boris Piekarek

Foundations, both charitable and private family foundations, typically have both a board of directors and a foundation board. The latter is often also referred to as a board of trustees, supervisory board, administrative board or similar. Strong and weak foundation boards […]
German Family Foundations with Foreign Beneficiaries: Beware of Tax Traps!

Nov 8, 24 • Assets, Foundations, Succession • No Comments • Stefan Winheller

Managing and planning international wealth through foundations is a complex task, posing a myriad of legal and tax challenges. This is particularly true for German family foundations with beneficiaries who are tax residents abroad, as they often face specific issues. To […]
Cryptobusiness Models: Germany, Estonia, or Liechtenstein?

Nov 1, 24 • Banking Regulations, Digital Currencies • No Comments • Dr. Annette Wagemann

Caution when setting up a business in another EU country In the recent past, Estonia and Liechtenstein have surfaced as enticing locations for the initiation of companies, especially within the realm of innovative finance and cryptobusiness models. These nations lure entrepreneurs […]
Exchange Program for Frozen Assets in Russia

Oct 8, 24 • Assets, Foundations, Succession • No Comments • Alexander Romanov

German and European investment funds and family offices with frozen securities The escalating geopolitical tensions arising from Russia’s incursion into Ukraine and the ongoing conflict have resulted in a substantial freeze of Russian investors’ assets in the West, as well as […]
EU Yacht Export: Customs and Tax Regulations

Oct 2, 24 • International Tax Planning • No Comments • Stefan Winheller

Yachts, often regarded as the playthings of the affluent, are frequently produced in European countries such as Germany, the Netherlands, and Italy. These nations are home to luxury shipyards like Lürssen in Bremen and Blohm + Voss in Hamburg, where the […]
MiCAR: Updated Regulations for Cryptocurrency Issuers Effective from 30.06.2024

Sep 18, 24 • Banking Regulations, Digital Currencies • No Comments • Dr. Annette Wagemann

Since June 30, 2024, the German Financial Supervisory Authority BaFin has been overseeing issuers of ART (as per Title III of MiCAR) and EMT (as per Title IV of MiCAR), ensuring their compliance with the provisions of the MiCAR (Markets in […]
Thailand’s New Tax Rules: How They Affect Foreign Income

Sep 12, 24 • International Tax Planning • No Comments • Stefan Winheller

Thailand, while a favorite vacation spot for many Germans, also holds allure for expatriates. Tax amendments in Thailand Thai income tax rates, although not exceedingly low, are unable to contest with rates in conventional tax havens like Dubai. These rates fluctuate […]