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Charges, Mortgages, Indemnities
European Union
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...
ESMA's advice focuses on loan origination and does not seem to cover AIFs which buy and restructure loans.
SKW Schwarz
Wird die Bebauung einer Fläche angestrebt, müssen für die Erteilung der Baugenehmigung häufig rechtliche Voraussetzungen hinsichtlich der grundbuchlichen Situation geschaffen werden.
Dechert LLP
Wells Fargo & Company, the largest commercial real estate lender in the United States, began to eye the property market in the United Kingdom.
Reed Smith (Worldwide)
Pursuant to recent legislative changes, certain investment funds are now entitled under certain conditions to originate or restructure loans in Germany without the need to obtain a banking licence for lending.
Allen & Overy LLP
Ever since the financial crisis of 2008/2009, lending activities of non-banks – including investment funds – have become more important.
Mayer Brown
There is a great demand for bank selling and purchasing standards structured for the German loan market.
Mayer Brown
There is a great demand for bank selling and purchasing standards structured for the German loan market.
On 5 April 2011, the German Parliament passed a law designed to "strengthen investor protection and improve the functionality of the capital market".
Baker & McKenzie
In 2009, the German Securities Trading Act (WpHG) was changed to extend the pre-existing market manipulation prohibition (which is based on the EU Directive on Market Abuse) to European emission allowances (EUAs) that are traded on an exchange in Germany or on a comparable market in another EU/EEA member state.
Mayer Brown
A European Stock Corporation (“Societas Europaea”, abbreviated “SE”) is a type of corporation which can be established in any European Union member state pursuant to European Law.
K&L Gates
On May 20, 2009, the German Federal Financial Supervisory Authority issued an update of its Issuers' Guidelines.
Mayer Brown
The German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht, “BaFin”) submitted a report on the “Grey Capital Market” to the German parliament’s finance committee on June 10, 2009.
Jones Day
In the context of the transfer of interests in a German limited liability company, a bona fide purchase of the shares from a seller owning such interests was not possible.
Jones Day
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.
Jones Day
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.
Debevoise & Plimpton
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.
Mayer Brown
Although many legal aspects have to be observed within the course of the sale of distressed loans, there are no legal obstacles in Germany which would bar such sales.
The finance ministry has issued a decree summarising recent Supreme Tax Court cases on questions arising in connection with short-term capital gains from the sale of securities held as private assets.
The European Commission has called for public comments on shareholders rights by December 16 in connection with a proposal to ensure shareholders have adequate rights of control over managements.
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