Latest Posts in the WINHELLER Blog:

• German BaFin Classifies Tokenised Investments as Securities

  May 13, 19 • Banking Regulations, Capital Markets and Securities Law, Digital Currencies, German Banking & Finance Law • No Comments • Benjamin Kirschbaum
  

  In its latest journal, the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungen, BaFin) has addressed the regulatory assessment of financial instruments that are brought onto the blockchain. This so-called tokenisation means that instruments such as shares, bonds or subordinated loans can […]

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• Commercial Trading in Crypto Currencies and Arbitrage Transactions in Germany: Pitfall Accounting

  Apr 4, 19 • Digital Currencies, German Tax Law, Tax Law – Miscellaneous • No Comments • Benjamin Kirschbaum
  

  Trading in crypto currency isn’t exclusively reserved for private individuals. From a tax perspective, it can make sense to shift these activities to a corporation, especially when it comes to a large number of speculative trades within a year. It is […]

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• Managing Directors Are No Employees in Germany

  Mar 29, 19 • Employment Law • No Comments • Dr. Eric Uftring
  

  Legal position of German managing directors Virtually everyone knows: Managing directors are usually entrusted with the senior management of a company. But when it comes to deciding whether or not a managing director is also an employee, opinions differ. Even before […]

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• Ban on Sale of Flavored Tobacco in Germany

  Mar 29, 19 • Customs Law • No Comments • Bartosz Dzionsko
  

  The sale of flavored tobacco, i.e. tobacco with characterizing flavors (e.g. menthol or vanilla) that mask the taste or odor of tobacco are prohibited within the European Union (EU). However, a transition period has been granted to sellers of cigarettes and […]

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• Request for Information in Germany: This is How Companies Can Identify Data Subjects

  Mar 29, 19 • Privacy Law • No Comments • Olga Stepanova
  

  Since the General Data Protection Regulation entered into force, data subjects have a right to obtain information from companies about which of their personal data are being processed by a company. Individuals, who wish to exercise their right of access can […]

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• Business Organization Plans for German GmbHs Help Reduce Liability Risks

  Mar 29, 19 • Corporate Law • No Comments • Phillipp von Raven
  

  If a limited liability company under German law (GmbH) has several managing directors, they have joint authority to conduct the company’s business. This means that all managing directors have to decide on management measures jointly and unanimously. In practice, this is […]

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• Financial benefits for German companies through holding structures

  Mar 29, 19 • Assets, Foundations, Succession • No Comments • Boris Piekarek
  

  Business profits are exposed to various risks. Among distribution to the shareholders, they are subject to taxation with 25%, which is the regular German income tax on capital income. Simple holding structures help German residents and international investors to receive tax […]

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• Banking License and Brexit: Here is the Cost of a German BaFin License

  Mar 29, 19 • Banking Law, Banking Regulations • No Comments • Phillipe Dagobert Winterstein
  

  The UK is presently heading for a “hard” Brexit. If this happened, the country would leave both the EU and the European Economic Area. Many UK banks and financial services providers are therefore right to consider relocating their domicile or business […]

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• How Can German Companies Implement Cryptocurrencies as a Means of Payment?

  Mar 29, 19 • Digital Currencies • No Comments • Benjamin Kirschbaum
  

  In the last few years, cryptocurrencies have hit the headlines. They were often considered as mere objects of speculation, and the extreme price development resulted in the cryptocurrency hype. However, meanwhile, this hype appears to be definitely over and cryptocurrencies are […]

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• Brexit: Contingency measures for data protection in Germany

  Feb 25, 19 • Privacy Law • No Comments • Olga Stepanova
  

  The effective date, on which Britain leaves the EU, is currently expected to be March 29, 2019. After the House of Commons rejected the Brexit deal negotiated with the EU on January 16, 2019 and given that no significant rapprochement has […]

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