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Results: 1-7 of 7

Update banking & finance - July 2014

  • CMS Hasche Sigle
  • -
  • Germany
  • -
  • July 28 2014

We are pleased once again to be able to report on some interesting statutory reforms, court rulings and developments in international arbitration

The German Separate Banks Act (Trennbankengesetz) a solution for the “too big to fail too interconnected to fail” problem?

  • CMS Hasche Sigle
  • -
  • Germany
  • -
  • May 28 2013

On 6 February 2013, the German government presented a proposal of a “Law on shielding credit institutions and financial groups against risks and

Purchase of certificates: is a bank required to disclose a commission agreement between the issuer and the bank?

  • CMS Hasche Sigle
  • -
  • Germany
  • -
  • November 27 2012

In four judgments of 26 June 2012, case refs.: XI ZR 259 11, XI ZR 316 11, XI ZR 355 10 and XI ZR 356 10, the Federal Court of Justice (BGH) has again stated its position on the question of when there is a duty to disclose commission

Debt-equity swap Legal “restructuring” of a restructuring instrument

  • CMS Hasche Sigle
  • -
  • Germany
  • -
  • May 31 2012

On 27 October 2011, the German parliament adopted the Law for Further Facilitation of the Restructuring of Businesses (Gesetz zur Erleichterung der Sanierung von Unternehmen, ESUG), which entered into force on 1 March 2012

Enforcement of “double security” in insolvency

  • CMS Hasche Sigle
  • -
  • Germany
  • -
  • May 31 2012

The Federal Court of Justice (Bundesgerichtshof, BGH) pronounced on double securities in its eagerly anticipated judgment of 1 December 2011 (IX ZR 1111

Using a binding letter of comfort to avoid risks of voidable preference

  • CMS Hasche Sigle
  • -
  • Germany
  • -
  • November 24 2011

The risks facing a lending bank if the borrower becomes insolvent are often twofold

Claims under loans made by the shareholder’s family members will not be given a subordinate ranking in insolvency proceedings

  • CMS Hasche Sigle
  • -
  • Germany
  • -
  • November 24 2011

The German Federal Court of Justice (Bundesgerichtshof - BGH) in its decision of 17 February 2011 (IX ZR 13110) has been dealing with the issue which since the Act to Modernise the Law Governing Private Limited Companies and to Combat Abuses (Gesetz zur Modernisierung des GmbH-Rechts und zur Bekämpfung von Missbrauchen - MoMiG) came into effect is being controversially discussed as to whether loans by family members (in particular the shareholder’s siblings, spouse and children) in insolvency proceedings will be given subordinate ranking