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Recent News From MTR Rechtsanwaltsgesellschaft mbH

Wirecard AG files for insolvency – Options available to investors

Wirecard AG files for insolvency – Options available to investors

Published: 17 Sep 2020

The accounting scandal facing Wirecard AG has ended in insolvency for now. Those who invested in Wirecard stocks and bonds find themselves faced with the question of whether they can claim damages. The writing was clearly on the wall when Wirecard AG failed once again to present its annual and consolidated financial statements for 2019, with the auditors refusing to issue an audit opinion and the ...

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Scale of Wirecard AG Accounting Scandal Grows

Scale of Wirecard AG Accounting Scandal Grows

Published: 15 Sep 2020

The scale of the accounting scandal besetting Wirecard AG continues to grow. Wirecard’s running assumption is that 1.9 billion euros supposedly held in escrow accounts likely never existed. The company has experienced a dramatic drop in the value of its shares. Wirecard AG has been the subject of criticism due to accounting irregularities for some time now. Seeking to dispel doubts, the payment se...

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New Attempt to Establish Unified Patent Court

New Attempt to Establish Unified Patent Court

Published: 11 Sep 2020

There is a desire for the process of issuing patents within the EU to be made more efficient. The idea of establishing a Unified Patent Court is seen as a positive step in this direction. The Bundesministerium der Justiz und für Verbraucherschutz (BMJV) – Germany´s Federal Ministry of Justice and Consumer Protection – has submitted a new bill as part of a second attempt to do so. The pla...

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BGH Upholds Trademark Protection for Square Design

BGH Upholds Trademark Protection for Square Design

Published: 03 Sep 2020

In rulings from July 23, 2020, the Bundesgerichtshof (BGH) – Germany´s Federal Supreme Court – confirmed that three-dimensional forms, including the shape or packaging of goods, are capable of benefiting from trademark protection (Az.: I ZB 42/19 and I ZB 43/19). They can often be found close to each other on the supermarket shelves. One has a square design, the other has a rectangular shape....

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COVID-19 – Substandard Quality of Masks and Other Protective Equipment

COVID-19 – Substandard Quality of Masks and Other Protective Equipment

Published: 01 Sep 2020

The coronavirus pandemic is not over. Respiratory masks and other protective gear remain vital. However, the issues of quality and outstanding invoices are also increasingly taking center stage. The global number of coronavirus infections continues to increase, with the number of people infected with COVID-19 rising once again in Germany. The Robert Koch Institute cites people’s failure to continu...

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COVID-19 & Protective Masks – Distributors Left With Outstanding Invoices

COVID-19 & Protective Masks – Distributors Left With Outstanding Invoices

Published: 28 Aug 2020

People wearing protective masks have become a common sight since the outbreak of the coronavirus. Yet the quality of some of these masks and the outstanding invoices are becoming a source of frustration. Respiratory masks are among the measures that are meant to protect people from being infected with the coronavirus. It is now compulsory to wear the classic masks that cover the mouth and nose whi...

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BFH: Interest on the Deferral of Compensation for Forgoing the Statutory Share Subject to Taxation

BFH: Interest on the Deferral of Compensation for Forgoing the Statutory Share Subject to Taxation

Published: 25 Aug 2020

In the event that an heir waives their right to the statutory share in the estate and opts to defer claiming compensation, the deferral interest is subject to income tax. That was the verdict of the Bundesfinanzhof, Germany’s Federal Fiscal Court (Az.: VIII R 22/17). It is not uncommon for claims to the statutory share in an estate to be waived, particularly if the spouses mutually appoint each ot...

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FG München: Stock Splitting Does Not Give Rise to Capital Gains Tax

FG München: Stock Splitting Does Not Give Rise to Capital Gains Tax

Published: 21 Aug 2020

Investors who acquire new shares in the course of a corporate spin-off are not required to pay withholding tax on this. That was the verdict of the Finanzgericht (FG) München, the Fiscal Court of Munich (Az.: 8 K 981/17). Whether shareholders have to pay withholding tax in response to a stock split is a contentious legal issue. In a judgment from December 19, 2019, the Finanzgericht Münc...

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