Germany: Charges, Mortgages, Indemnities

The Securitisation 2024 guide features over 20 jurisdictions. The guide covers the latest developments in insolvency laws, special-purpose entities, the construction of bankruptcy-remote transactions...

The EU's new Credit Servicers Directive is well on its way to becoming a reality. As part of the process, the European Parliament's ECON committee recently published two reports...

Wird die Bebauung einer Fläche angestrebt, müssen für die Erteilung der Baugenehmigung häufig rechtliche Voraussetzungen hinsichtlich der grundbuchlichen Situation geschaffen werden.

A main focus of the anticipated reform of the law governing limited liability companies by the draft Act on the Modernization of the Law on Limited Liability Companies and the Prevention of Abuse (generally referred to as the “MoMiG” or “Modernization Act”) is the new set of rules relating to shareholder debt financings.

Under current law, a limited liability company ("GmbH") must be established by notarial deed. The reform law permits exceptions to this formal requirement if (i) the founders use model articles of association, (ii) the GmbH is incorporated by no more than three shareholders via a cash contribution, and (iii) only one managing director is appointed.

On June 28, 2006, the German government issued draft legislation for the implementation of Directive 2004/109/EC ("Directive") of the European Parliament and of the Council of 15 December 2004 on the harmonization of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market in Germany.