Latest Posts in the WINHELLER Blog:

Establishment of a Subsidiary for Financial Services in Germany

Sep 26, 19 • Banking Regulations • No Comments • Phillipe Dagobert Winterstein

The establishment of a branch in Germany offers European companies an undreamt-of advantage. This advantage will be revealed below. Furthermore, the relevant supervisory law for the establishment of a subsidiary in Germany will be examined. Freedom of permission for the establishment […]
BaFin Publishes New Leaflet for ICOs and STOs

Sep 26, 19 • Banking Regulations, Blockchain, Digital Currencies • No Comments • Benjamin Kirschbaum

The Federal Financial Supervisory Authority (BaFin) has published a new, detailed information note on the current legal situation regarding the so-called Initial Coin Offerings (ICOs) and Security Token Offerings (STOs). The authority explains which licensing obligations may exist for an ICO, […]
Import, Export and Customs Issues: the Consequences of a Hard Brexit

Sep 26, 19 • Customs Law • No Comments • Bartosz Dzionsko

In the referendum of June 23, 2016, a small majority of British voters decided to withdraw from the European Union. Since then, the British government and the European Union have been conducting unsuccessful withdrawal negotiations, with a particular focus on trade […]
Half a Holiday Is Not a Holiday

Sep 26, 19 • Employment Law • No Comments • Dr. Eric Uftring

In Germany, there are always disputes between employers and employees regarding holidays. Employers and employees are often unable to agree on the periods during which leave is to be taken. The legislation stipulates that, if possible, holidays are granted for several […]
Trademark Infringement on the Nespresso Bicycle? Charity vs. Food Company

Sep 26, 19 • Intellectual Property Law • No Comments • Olga Stepanova

The Armenian singer Charles Aznavour once said that a good weakness is better than a bad strength. The world’s largest food company probably thought the same thing with a simple idea: So why not praise the used Nespresso capsules as climate […]
Thomas Cook Bankruptcy: Affected Business Partners Must Register Claims to Be Included in the Insolvency Table

Sep 24, 19 • Commercial Law, Corporate Law, German Business Law • No Comments • Bartosz Dzionsko

All attempts to save Thomas Cook, the second largest tour operator in the world after TUI, have finally failed. The Thomas Cook Group has filed an application for creditor protection. One can only speculate on the precise extent of the mountain […]
Tax Liability in Germany while Living Abroad

Jul 31, 19 • Tax Law – Miscellaneous • No Comments • Bartosz Dzionsko

We have seen many cases lately where German tax offices write to people abroad because they earn income that is subject to tax in Germany. Frequently affected: US-Americans This also affects individuals who reside in the USA and pay their taxes […]
What are the Possible Functions of a Holding Company in Germany?

Jun 28, 19 • Assets, Foundations, Succession • No Comments • Susanne H. Articus

In our last article we presented the legal and tax advantages of holding structures. All holding companies have one thing in common: the main operational purpose is to hold shares in companies. Apart from this, holding companies perform a variety of […]
Obligations of Issuers of Financial Instruments in Germany

Jun 28, 19 • Banking Regulations, Capital Markets and Securities Law • No Comments • Sebastian Förste

Companies raising money on the capital market by issuing shares or debt securities usually have to publish an information prospectus for investors. However, it is not enough for issuers to publish this so-called securities prospectus. There are a number of other […]
German Ministry of Finance Re-regulates Crypto Values

Jun 28, 19 • Banking Regulations, Digital Currencies • No Comments • Benjamin Kirschbaum

Bitcoin and other cryptocurrencies are not legal tender in Germany, but in the opinion of the Federal Financial Supervisory Authority (BaFin) they do represent so-called units of account. In connection with this, numerous activities such as the operation of a cryptocurrency […]