Latest Posts in the WINHELLER Blog:

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 […]
Mandatory Information in German Business Correspondence

Jun 28, 19 • Corporate Law • No Comments • Thomas Schwab

If you want to start a business in Germany, you will usually first create a company such as a GmbH. In addition to the subsequent marketing, bookkeeping and the first tax return quickly become relevant. Rights and obligations are, of course, […]
Import/Export: Comply with German Product Safety Regulations!

Jun 28, 19 • Customs Law • No Comments • Bartosz Dzionsko

Anyone importing products and/or selling them to consumers as part of a business venture must, among other considerations, ensure their safety. The general safety requirements in Germany, which apply equally to manufacturers and importers, are defined by the Product Safety Act, […]
Time Recording for Every Employee in Germany?

Jun 28, 19 • Employment Law • No Comments • Dr. Eric Uftring

The “time clock judgement” of the European Court of Justice (ECJ) of 14 May 2019 made a lot of waves. Accordingly, employers are required to monitor the daily working hours of their employees. This is designed to ensure compliance with the […]
No Trademark Infringement when Listing Competing Products in Germany

Jun 28, 19 • Intellectual Property Law • No Comments • Olga Stepanova

In order to provide their users with the best possible results for their search queries, search engines use algorithms. When it comes to searching for goods and services, trademark infringements can often occur. Specifically, the so-called origin function of the trademark […]
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 […]
Commercial Trading in Cryptocurrencies and Arbitrage Transactions in Germany: Pitfall Accounting

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

Trading in cryptocurrency 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 not […]
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 […]