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Schmidt-Kessel, Register of Legal

company registration law, a comment from Schmidt-Kessel, Martin, Leutner, Gerd; Müther, Peter Hendrik. Commercial Code § § 8-16, 378-401 FamFG, HandelsregisterVO with summaries of the foreign company and registration law. Beck's brief comments XXI, 547 S. m. Table 20 cm, hardcover, 2010 ISBN 978-3-406-56205-1 Beck Legal Publisher
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The commercial register is the right of traders, trading partnerships and corporations as a central meaning as the land for real estate law. This new commentary summarizes the information contained in various laws, including the reformed rules on the commercial register. Special features of the registers for specific legal forms (association, cooperative partnership and registers), and the cost right in the remarks taken into account.
are processed including the first experiences with electronic registers, which were introduced by the Law on Electronic Commerce and co-register and the Registrar of Companies (EHUG). After that all are now index entries can be viewed on the Internet. Companies' financial statements be published since then in an electronic scoreboard. created, a new addition to the existing commercial register, EU-wide business register.
During the course of the repeal of the FAC, the registration process right in the Par.Par. 378-401 FamFG been reorganized.
This modernization of dealing with duty of publication company data (company disclosure) raises questions , which answered the comment practice.
has increased in importance, the law also register as a result of recent case law regarding German branches of foreign companies. This is reflected not only the annotation of the relevant Par.Par. 13d ff statement but also a special section with condensed notes to register the legal treatment of vital foreign societies, for example, the English limited company, plc and LLP, the French SARL, SAS, and SA and other forms from Austria, Italy, Poland and Schweiz.Vorteile
at a glance - clear commentary with links
- Synopsis properly related provisions
- summaries of foreign law
About the authors: Prof. Dr. Martin
Schmidt-Kessel, professor of Civil Law, European Private and Business Law at the University of Osnabrueck, is of major publications, especially on civil law and European private international law and known. Lawyer Dr. Gerd Leutner, Berlin, is a partner of CMS and has special is based on corporate law, mergers and acquisitions and estate planning. Dr. Peter-Hendrik Müther had jurisdiction as a judge for appeal decisions to register matters, he is author of several publications on trade and register right.
The Law on Electronic Commerce and Register of cooperatives and the business register (EHUG) will be converted commercial and other registers to electronic operation. Documents for the registration application must - depending on the state - to be submitted no later than the end of 2009 in electronic form. All registry entries are the future of cost over the Internet. Companies' financial statements will no longer be registered by the local courts, but published in an electronic scoreboard. created, a new addition to the existing commercial register, EU-wide business register.
This modernization of dealing with duty of publication company data (company disclosure) raises questions that the comment practical answered.
has increased in importance, the law also register as a result of recent case law regarding German branches of foreign companies. This is reflected not only the annotation of the relevant paragraphs 13d ff statement but also a special section with condensed notes to register the legal treatment of vital foreign societies, for example, the English limited company, plc and LLP, the Netherlands BV, the French SARL, SAS, and SA and other forms from Austria, Italy, Poland and Switzerland.
Audience:
lawyers, notaries, registry courts, legal departments, managers, banks, legal scholars.

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Obama is on Larry Summers Council waive

Larry Summers, a respected U.S. economist and former Harvard president, was from the start. Barack Obama made him his economic advisers. Summers has influenced the anti-recession program of the U.S. government since early 2008. Now he is stepping down as an adviser , just as it did a few weeks ago his equally renowned colleague Christina Romer , formerly chairman of Obama's economic council.

The U.S. economic crisis, despite all the measures that the U.S. government has taken since taking office not overcome. On the contrary, in recent months, the economic situation has worsened after a minor high again. Extrapolated for the year, there were still only in the second quarter economic growth of 1.6 percent - after the German reading is 0.4 percent. In recent weeks, consequently, increasingly in the U.S. come up fears that the U.S. economy could fall into recession, which is declared just officially the economist panel National Bureau of Economic Research (NBER) terminated for - since June 2009 .

Even worse is the situation in terms of unemployment, where the situation has not ever really relaxed. Over 16 million unemployed there are official. But in fact, unemployment is likely to be much higher, given the fact that more than 40 million Americans receive food stamps from the state, because they themselves are no longer able to feed themselves.

So when Larry Summers is an economist and knows the problems and causes of the disastrous economic and labor market situation, then why were all the actions taken virtually without success?

Edmund Phelps, the Nobel Prize-winning U.S. economist, believes that President Obama has the wrong advisors. A few weeks ago, he explicitly called Larry Summers, the Phelps Although estimates as intelligent and reliable, but not consider it original. Obama need "creative, wild thinkers with the courage to break new ground in economic policy" .

is true that Phelps can not with a plausible explanation for the persistent and apparently come up again deepening crisis. Yet he has his critics right, and with its proposal the road.

Summers now makes the ground for a reorientation of the crisis-free policy. Obama will have to think carefully on whose advice he now wants to hear. Much too delicate is the situation when that Obama could afford to make a choice that turns out to be wrong soon afterwards, because in the economy and the labor market does nothing for the better.

It is certainly true that at first glance to offer a well-known successor in economics or the economy. But what distinguished participants could contribute for the future? Their reputation is not based on knowledge and experiences that have failed in the crisis. The crisis has said the leading economists and business leaders and will be at a loss. The problems are still the same, they have not been resolved. The answers are still the leading specialists guilty to this day. And it should now be clear that the crisis with money alone, nor will be overcome with such drastic savings concepts.

before the congressional elections, however, even the best new consultants not move much. But would could possibly come a long way when Obama finally end the period of disorientation and present a new approach that is convincing enough to give hope to Americans again. And convincing, such an approach are only if both the coherent and convincing explanation for the causes of the plight of the necessary measures considered will be prefixed. to do this will not be easy, and the enormous problems there anyway for the time being continued.

addition recommended articles:
- ailing U.S. economy, America's tunnel to nowhere (v. 17:10:10).

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U.S. economy under observation

The U.S. government is set up to the congressional elections in November every effort to at least prevent any signs of further deterioration of the economic situation. There are quite persistent doubts the extent to which published official-cyclical draw a realistic picture turdaten of the situation in the United States and suggest some well-founded fears that the situation is much more serious than the data. This is true even for some who may choose critical unemployment figures, which will be officially announced more than 16 million, representing a rate of 9.6 percent. A big question mark is over, however, the official figure of more than 40 million food stamp recipients behind this value. Because unemployment is a prerequisite for obtaining food stamps.

However, it is not particularly likely that the bad data before the congressional the U.S. and the world break out. Unless it is in another part of the world developments, which can shake the financial markets. While it is always fear a flare-up of the debt crisis in the European Union. On the other hand, in the EU done to ensure that this is not virulent, which has so far succeeded. Another factor is that the debt situation is not in the Union by far has the dimension of that of the United States - all new disturbing news from Greece and Ireland in defiance. Wen Jiabao, the Chinese government to turn definitely has the ambition to show the world and especially the U.S. that it has the situation under control. The flow of accurate data out of China is very sparse. It is not expected that it will change something in the near future. But should the situation the government has actually slip.

In Japan, it looks different. The economy continues to lose momentum and price erosion continues, although the central bank and government efforts continuously aim to reverse the trend - triple the money and now five consecutive stimulus packages. (1) The soaring yen is grotesque in this context and exacerbates the problems. If you were to create a kind of ranking of confidence that the government's work radiates, it would have under the leading Economies, Japan is currently perhaps the best chance to last place. However, it would still nothing is said about how bad the situation really is in comparison.

The ranking of the leading industrialized nations about the true and good economic situation would look different. But that is in the financial markets and exchanges do not matter. Not yet. For probably will change, if anything unforeseen happens Probable, which leave a naked view of the real extent of economic or financial market participants concerned problems.

There is little doubt it spread worldwide a number of problem areas are, which could prove to each new crisis as a trigger. The experience of the recent crisis also teaches how quickly the limits of controllability are achieved and how difficult it is for central bankers, government experts and economists, an acute crisis that has shaken the markets quickly recapture.

The possibilities and prospects for success have soberly considered not improved.

One reason economists have not done their homework and they understand the markets still do not really - but what countermeasures prerequisite for effective and would be the basis for sustainable improvement. Instead, they're still basking in the dubious success of the recent financial support measures and debated at best on the sense and nonsense of a new edition. Furthermore, because the financial possibilities of governments are now limited. The almost in all industrial countries massively increased public debt will allow hard to save the markets in an emergency again with significant financial expenses. A significant worsening of the crisis but would also be a testament to the futility of this endeavor. Because this showed that resolve even the first rescue of this type the problems do not, but the solution postpone for a while could.

And so everything is on the "certificate" for the first wave of crisis management measures, or whether the emergency occurs. This certificate will once again deliver the financial markets, which also says a lot about the progress governments have made in crisis prevention. You will once again be the Wretched.

This week, in the United States back a series of new cyclical turdaten on. You need to be a prophet to have known how little the U.S. is bad data.

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"Nuclear Compromise", "Stuttgart 21", tax breaks for hoteliers - they call it "market economy"

For weeks now, always moves more citizens, as try to politics and German Rail to impose "Stuttgart 21", the billion-dollar prestige project for the reconstruction of the Stuttgart head station into an underground transit station, against the fierce resistance of Stuttgart. An increasing number of reports, details and expert statements, which speak against the project reach, in the public. They raise the question of how could it ever be possible for "Stuttgart 21" has been approved by all political committees.

Thus, the development here again reached a point where the massive strain on the credibility of the policy - as in the federal government in late 2009 decided tax benefits for hoteliers was the case . Is "Stuttgart 21" is another example of political patronage, that is, in a particular case for a "deal" between politicians and the German railway, about its relevance and cost the citizens should be kept in the dark?

even more doubts in that direction sparked currently reporting on the compromise adopted by the Government to extend the lifetimes of nuclear power plants. There were already ahead of the decision conflict and criticism - partly because of the Germany-wide advertising campaign of the nuclear lobby, which the federal government should be moved to extend the maturities. Sun said about the Federal Cartel Office (1) competition policy concerns about the maturity of which a based advice of local authorities (2) . Moreover presented example, the Advisory Council of the Federal Government for the Environment (SRU) is (3) that an extension of the nuclear run-times in the context of climate policy objectives and also with a view to ensuring the power supply is not required. The Council also noted that a permanent side by side would make use of conventional and renewable power generation increasing the system inefficient and unnecessarily expensive. Therefore, the experts called for the federal government to the upcoming renewal of the power plant to use for the conversion to renewable energies.

also saw allegations of Federal Minister Rainer Brüderle (FDP), a report think about security of supply in the energy industry with data on the importance of the nuclear industry back (4) and it was concluded in view of the forthcoming decision on the nuclear power plant run times, he could explain the dispensability of nuclear power. Extremely critical

was also commissioned by the Federal Ministry of Economics Date created external energy report, which was to serve the decision-making. The sharpest substantive criticism of this report came from the Federal Environment Ministry (5) , the "outrageous mistake" complained and manipulation allegations: There are obviously aware of worst-case assumptions were used, in order to discredit the climate and the restructuring of energy supply, are also in spite of otherwise order only the costs but not the benefits of an ambitious climate policy have been considered, also cut in the report because of questionable assumptions about the current pricing scenarios better nuclear power plant with long running times.

But all the professional expertise and criticism have been able to do nothing.

This in itself already raises the question, what is the responsible of the Politicians decided nuclear compromise and actually supports what he seeks in the end. But now also get still more details to the public, to direct, as in the case of the legislation on tax breaks for hoteliers, "Stuttgart 21", reinforced the view on this question. These include reports that demonstrate that

• the adopted life extension of nuclear power leads to an average of 12 years actually significantly longer terms. (6) This has to do with the projected utilization of nuclear power. It is not calculated in years, but in years of full-load hours. The load forecast of the Federal Government for this purpose is, according to expert opinion very optimistic. If it is not reached by the power plant operators, the term is extended by the difference of the reactors. The estimated Ökoinstitut so that extended the term of the NPP actually 14 years. The Institute for Sustainable Solutions and Innovations (Isusi) occurs even at 15 years;
• nuclear compromise allows the energy companies despite fuel tax, and voluntary special substantial additional income. (7) can According to calculations by the Öko-Institut pocket the four major energy provider E.on, RWE, Vattenfall and EnBW together more than 57 billion euros in additional profits when the price of electricity remains constant. With a moderate increase in electricity prices result, however, additional gains of more than 96 billion euros. Electricity prices remain constant, 46 percent of these additional profits skimmed off, while electricity prices rise, however moderate, the power plant operators must however give only 28 percent. It is in the bill but has not taken into account that the nuclear power plant expected to run longer than the stated Duch average 12 years (see above);
• the federal government apparently plans to reduce substantially the level of protection for nuclear power plants, for which also the Atomic Energy Act amended should be. (8) It's about safety Requirements and measures for the prevention of risks. The obligation of the nuclear power plant operators to upgrade, especially the so-called Altreaktoren should be largely abolished. Essential for the power plant operators, above all, expensive modernization and retrofit needs to be reclassified and pushed it for many years. With the proposed new deadlines for such costs for older equipment fall under the report virtually no more. In accordance of the bill will also seek to claim right of citizens are restricted;
• it seems a "deal" between the federal government and energy companies are (9) , which was fixed by contract, the existence and contents are kept secret.

is thus the process continues the erosion of political credibility, which began with the debate over tax breaks for hotel owners under the heading of "political patronage" at the beginning of the year and in the course of "Stuttgart 21" and "nuclear compromise" accelerated . The surveys conducted by pollsters it documented. More seriously still, it emerged that more and more, as is policy made in Germany and how little this can make the claim of the government policies, in which repeatedly stress that their objective is the "social market economy".

"Free Markets"? "Competition"? Prosperity for all "-? Do we have the

No one will question still good conscience." Can answer yes to the contrary shows mentioned here examples of how policy is made, that we of the ever- remove the "social market economy." It is quite clear that a negative effect on the functioning and the economic results of the market impact when policy is made in favor of specific interests and concerns. It is no wonder that nine out of ten Germans "market economy" increasingly negative assessment (10). because politicians always like to give while ago, they wanted a "social market economy". In fact, they run too often focused on specific policy interests, but to disguise this and sell their decisions to the citizens and strengthening the market economy or market economy needed ". The fact that this has aroused so long no suspicion among the citizens, can only be explained by the fact that the few really have an idea of what conditions must be met and policies must be designed so that the (market) economy prospers, and when all benefit from it.

Economists in this Respect, no help. Until the outbreak of the crisis, they seemed to know the conditions under which the economy is running smoothly and growing. Since then, however, clear that they can say very little.

Citizens, assess our current economic system are skeptical, quite so. Only it is not just more of a fair competition-driven economic system, but a specific interest groups and corporatist controlled by a so-called economy . Such is, if you look at the various possible forms of economic systems as a continuous scale presents, at the end points the theoretical extreme forms of "free market" and "planned economy" are somewhere in the middle. The more pronounced the influence of groups - associations, unions, lobbyists - the policy is and the stronger the competition will be undermined, the stronger the plan outline of the economic system.

extent, it is also a logical consequence of the above-described political practice that in our industrial policy now has such a high priority - and this by no means, as the name suggests, is focused only on the industrial sector. In fact, the classical form of industrial policy at the largest companies in each major Sectors, the so-called national champions focused. And that's what we can observe, such as in the energy sector, the automotive industry, pharmaceutical and chemical industry and the banks. The policy addresses the concerns in these sectors, while based on their interests. The link is very often lobbyists and their doings in turn owes the term "political patronage".

In fact, the described "classical form" of industrial policy - other shapes are certainly possible - aimed at international competitiveness, growth and employment, closely related to the "planification" of France in the 60's, under which the government their Groups on the establishment of perennial plans also controls. This policy thus contained elements of a planned economy. The proximity to the planned economy is so far evident. The present form of industrial or political patronage in Germany, however, is not dissimilar to that policy, which was derived from the so-called teachings of Rudolf Hilferding Stamokap (the financial capital, 1910). "Stamokap" stands for "state-monopoly capitalism." The state sees this as a sort of repair operation of capitalism and is a late phase of the same, in which - according to Hilferding - shareholders, private entrepreneurs have supplanted the free competition of dominant monopolies and cartels been replaced, and increases the economic power of the banks.

It is debatable how far-reaching analogies are. You can not deny. The current economic reality is characterized by Hilferding not dissimilar. Disturbing fact is this: Hilferding, the described expression of capitalism, in accordance with the Stamokap theory, the interests of corporations and the "money pool" coincide with those of the state broadly, as the last, considered the "dying" phase of capitalism. While today we talk of "(classical) industrial policy," but this is also by an increasing coincidence of the interests of corporations and the "money pool" (the "financial markets") that characterized the state. The state is now de facto "repairer of capitalism" - in the wake of the financial market and the ensuing Great Depression that is so far become clear when the governments are just that most actors (banks, corporations) with particular financial aid thus enabled to continue as before. Politics is thus the same. The advocates and supporters of the "classic industrial policy," however argue that this policy would have implications for international competitiveness (primarily of the "National champions"), but also improve economic growth and Employment lead. Now it looks like but not really when you look at data and facts. According to Hilferding, this policy is indicative of the phase of decline of the capitalist system.

far so you have to follow Hilferding not, that's clear. Today we would call it maybe as "doomsayers". Remains even when the opposition. Who is right? What does traditional industry or political patronage? Growth and employment, or the opposite?

This is something to pondering, I think.

addition recommended articles:

- price increases: Power customers must reckon with drastic impacts (v. 14:10:10)
- clamp communities: citizens in 2011 threatens unprecedented shock fees (by 18:10:10)

- Lower Taxes: Corporations do not participate in budget consolidation (v. 18:10:10).

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test one two, one two.

Soooooo. Let's see if this works as I imagine to be so.

test one two three