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http://www.grprainer.com/en/Tax-Law.html Due to disparities that must be calculated, investors in shipping funds may have to wait a long time before benefitting from expected tax savings. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, … Shipping investment funds: Tax advantages can go up in smoke – Tax-Law

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http://www.grprainer.com/en/Trademark-Law.html The marketing of dairy products whose name contains misleading information about places and regions of origin is not allowed, since it conjures up wrong connotations among consumers. GRP Rainer Lawyers … Marketing with misleading regional information is prohibited – Trademark-Law

( http://www.grprainer.com/en/Marketing-with-misleading-regional-information-is-prohibited-Trademark-Law.html ) - The marketing of dairy products whose name contains misleading information about places and regions of origin is not allowed, since it conjures up wrong connotations among consumers...

The marketing of dairy products whose name contains misleading information about places and regions of origin is not allowed, since it conjures up wrong connotations among … Marketing with misleading regional information is prohibited – Trademark-Law

If the testator is suffering from dementia at the time of drawing up the will, this can lead to the invalidity of the will... A testator's dementia can make the will invalid - Law of Succession

The logistics contract is a so-called mixed-type agreement found in commercial and transport law.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Bremen, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London www.grprainer.com/en explain: The logistics contract can feature elements of various different types of agreement, such as freight contracts, agreements to produce a work or provide storage. The forwarder can commit itself for the purposes of a logistics contract to a large number of different kinds of activities, precisely because this entails a mixed-type contract which is not based on any statutory provisions. In particular, the principle of private autonomy in civil law enables the parties to the contract to extensively configure the content of the agreement. Thus, the forwarder can commit itself to services in the fields of production, distribution and ultimately also delivery of the relevant products, i.e. these days, logistics entails more than simply transportation of a commodity from one place to another. This enables the forwarder to be comprehensively incorporated into the different operating processes of its contracting entity. The parties to the contract can also effectively incorporate logistics general terms and conditions into the agreement. The logistics general terms and conditions are general terms and conditions recommended by the German Forwarder and Logistics Association that regulate the forwarder’s liability for additional logistics services which occur within the framework of an “acclamation deal” (“Zurufgeschäftes”). Overlapping can arise here with the General German Forwarder Conditions (ADSp), whereby it is ultimately not clarified which of these conditions takes precedence. Yet this could be settled in individual agreements by the contracting parties. It must be observed here, however, that the ADSp cannot be applied to all logistics contracts. Due to the fact that a logistics contract is a mixed-type agreement, it is often difficult for legal laymen to comprehend the statutory provisions. However, this is of particular significance in the area of liability; first and foremost, it can become complicated if logistics general terms and conditions or the ADSp are effectively incorporated into the logistics contract. A competent lawyer versed in the field of logistics law can help draw up contracts which satisfy the interest of the contracting parties. Furthermore, he can examine whether any claims exist and, where necessary, enforce these. http://www.grprainer.com/en/Logistics-Law.html

An employment relationship with the host business can be assumed under certain circumstances despite any transfer agreement…http://www.grprainer.com/en/Employment-relationship-with-transferred-employee-despite-transfer-agreement-Employment-Law.html Employment relationship with transferred employee despite transfer agreement – Employment Law

http://www.grprainer.com/en/Supervisory-Board.html Despite the absence of statutory regulations, erroneous resolutions of the supervisory board can be proceeded against and actions lodged.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Bremen, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London www.grprainer.com/en explains: The supervisory board functions within the stock corporation (AG) as the controlling organ and monitors the management board’s business dealings. However, the resolutions of the supervisory board are also subject to a degree of control and can be invalid under certain circumstances.

Two defects are possible with supervisory board resolutions. A defect as to content exists if the resolution’s content contravenes the law or the articles of association. A procedural defect exists if despite the resolution’s content being unobjectionable a statutory provision or provision found in the articles of association relating to procedure has been breached. In principle, all supervisory board resolutions that suffer from defects as to content or procedure are void, yet on the basis of legal certainty in commerce defects must nevertheless be differentiated as per their severity.

If merely a lesser defect is present, the objection to the resolution must be carried out with all reasonable haste, otherwise it is forfeited. The situation is different in the case of severe defects. In this instance, nullity can be asserted without prior notice by way of a declaratory action. The action can submitted by a member of the supervisory board, a member of the management board or the entire management board.

In order to ensure legal certainty, a clause should be included in an AG’s articles of association which sets the deadline for submitting a declaratory action. It must, however, be noted in this connection that no disproportionate curtailment may occur thereby.

The organs of stock corporations are subject to many tasks and duties which are not all conclusively regulated. Even the legal consequences and remedies where provisions are breached are often developed by case law. In order to create legal certainty and avoid possible damages claims, the legal framework ought to be defined at an early stage with the help of a lawyer active in the field of company law.

Investors as well as management and supervisory board members should turn to a lawyer where legal problems and complex circumstances are present. Where there are questions regarding liability, rescission of resolutions and the enforcement of claims, he can carry out an individual examination and highlight existing possibilities.

http://www.grprainer.com/en/Supervisory-Board.html

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