Newsletters

28.10.2021

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BaFin updates the Marketing FAQs
The German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht, “BaFin”) published a draft of the revised Marketing FAQs for consultation on August 12, 2021. These amendments serve to adapt the Marketing FAQs to the changed legal framework following the entry into force of the Act to Promote Germany as a Fund Jurisdiction (Gesetz zur Stärkung des Fondsstandorts Deutschland, “Fund Jurisdiction Act”). In our following newsletter, we would like to present to you the draft of the amended Marketing FAQs.
Note: This newsletter is also available in German language:
18.10.2021

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Combating Tax Havens Act – Paradise Lost (some)

Since the end of 2017, the Council of the European Union has been drawing up a so-called blacklist of non-cooperative tax states. It started as a so-called "name and shame" list, but otherwise had no impact.

This changed: the Council of the EU wants Member States to use tax measures to damage business relations with such states. The aim is to avoid business relations with these states altogether. After Luxembourg (legislative process here has already been completed since 2020), Germany also has adopted its Combating Tax Avoidance and Unfair Tax Competition Act (Gesetz zur Abwehr von Steuervermeidung und unfairem Steuerwettbewerb) this year. The law is applicable from 1 January 2022.

Note: This newsletter is also available in German language:
Facilitation for shareholder loans to real estate companies
On August  2, 2021, article 1 of the Act to Strengthen Germany as a Fund Domicile became law. Among other things, this amended the regulations of the German Investment Code on the granting of loans by real estate funds to real estate companies. This amendment was overdue.
Note: This newsletter is only available in German language.
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