BGH Decision of February 16, 2021 - II ZB 25/17 Firmengruendung.de / Monday, May 3, 2021 0 2702 In the Federal Court of Justice's (BGH) decision dated February 16, 2021, the court addressed for the first time the issue of the legal capacity of a Limited company following Brexit. The reasoning in the decision states as follows: "The participant can no longer invoke the freedom of establishment regulated in Articles 49 and 54 TFEU after the United Kingdom's withdrawal from the European Union." According to Article 50(3) in conjunction with Article 1(3) TEU, the TEU Treaty ceases to apply to a member state that has withdrawn from the European Union from the day the withdrawal agreement comes into effect, or otherwise two years after the notification of withdrawal. Thus, the EU legislator has made a generally applicable explicit regulation concerning the temporal validity of the TEU Treaty. In the withdrawal agreement, the United Kingdom and the European Union agreed that the United Kingdom... Read more
Advantages of Spinning Off Subsidiaries Under a UK Ltd Advantages of Spinning Off Subsidiaries Under a UK Ltd Firmengruendung.de / Thursday, June 11, 2020 0 3564 Are you considering transitioning from an English Limited to a German company? One approach could be to establish a German subsidiary under your existing Limited. In our opinion, there are several compelling arguments for this model: .... Read more