German companies “go UK” – for insolvency proceedings

By: Carsten Lexa, LL.M. During the last several months, some German midsize companies have turn to the UK to undergo insolvency proceedings. They seem to be quiet happy with their decision and, more importantly, they were successful: Today, companies like DNick Holding (formerly Deutsche Nickel AG) or Schefenacker (today separated into the two independent companies odelo and Visioncorp) prosper and

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Privy Council In Bank Ruling Wraps Jamaican Judiciary On the Knuckles, Part I

By: Ainsley Brown The House of Lords, with its Judicial Council of the Privy Council hat on, as Jamaica´s court of final appeal, handed down a judgment that is set to have repercussions well beyond the interests of the parties involved. In fact the consequences of his judgment go beyond just banking or investing but engages commercial dispute resolution, specifically

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German Federal Council sets the brake on the European Private Company

By: Carsten Lexa, LL.M. The German Federal Council (Deutscher Bundesrat) does not like the European Private Company (EPC). With resolution of Oktober 10, 2008 the Federal Council criticises the conditions for the EPC, set out in the proposal for a “Regulation regarding the European Private Company Statute” by the European Commission of June 2008. The Federal Council has two main issues

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The “European Private Company”

By: Carsten Lexa, LL.M. In the European Union, each of the 27 Member States provides regulation for different types of companies. Because of this diversity it is becoming increasingly difficult to know all the differences between the different types. Especially because the European Court of Justice has allowed the utilization of companies set up in one of the Member States

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A new type of company for Germany

By: Rechtsanwalt (Attorney) Carsten Lexa, LL.M. In November 2008 Germany introduced a new type of company – the so-called “Business Company (with limited liability)” (“Unternehmergesellschaft (haftungsbeschränkt)” – UG). Essentially, this is a variation of the highly successful German “Limited Liability Company” (“Gesellschaft mit beschränkter Haftung” – GmbH), and therefore the regulations regarding the Limited Liability Company, set out in the

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More Human Rights Cases Being Brought By Companies

By: Ainsley Brown Yes, that’s right, you read correctly: human rights cases are being brought by companies not against them.  Well, at least this is the case in the UK, as a story in the Times explains. A new survey has revealed that while the overall human rights cases brought in 2008 is down over 2007, there has being an

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