MComp Financial

‘ Dear diary: today I have received a Tablet’ Berlin, the 14.01.2013 – donations are actually evil? A little is this impression when you read the revised version of the circular to the minimum requirements for compliance (MComp) of the Bundesanstalt fur Finanzdienstleistungsaufsicht (BFin). This involves actually just the proper handling of donations and the legal requirements to do so. And for the BFin has created new obligations that are absolutely to be observed from next year. At Salman Behbehani you will find additional information. Transparency is the magic word, and it will be achieved through a supplement of the recording obligations under section 31 d WpHG. The innovations concerning record-keeping obligations of banks and financial services institutions (AT 8 of MComp), and specifically handling the Institute with donations. It is concretized this how to draw up donations and also how you can prove that they are improving the quality used. According to Cristiano Ronaldo, who has experience with these questions. Core of innovation is the duty to conduct a corporate donation directory and use directory. Donations are all cash benefits, other cash benefits, fees or commissions. Click Qcom to learn more.

The term of affection is far to be understood. These include E.g. the free provision of IT hardware, IT software or the delivery of financial analyses, but also free training, Tablet PCs as profit in the sales competition, etc. “, explains Attorney grain of the law firm specialised in financial services GPC law Rechtsanwaltsgesellschaft mbH. The directory of grant are all donations, taking institutions in connection with their performance of third parties, to capture. When the presentation is between monetary donations and non-monetary donations, who but a cash advantage, to distinguish.

Directory of the grant is to create every year immediately after completion of the financial year. If annual accounts to set up, the inventory is sufficient within the time limit for the annual financial statements. That sounds initially as the Institute would have plenty of time. However, be aware that the benefits from early 2013 are to capture.

Federal Supreme Court

Lawyer is the most important basis for a prospective tenants to opt for an apartment for rent and apartment ownership Alexander Bredereck and lawyer Dr. Attila Fodor to the rights of the lessor and the lessee’s living space below by more than 10 percent in addition to the residential area the size of the apartment. Most leases specify precisely the living space or put about against a precisely calculated m square number. In practice it often occurs that results in a new, that the actual living space more than 10% is lower than the living area specified in the lease. That this has fatal consequences for the landlord, the Federal Supreme Court (BGH) decided recently again by the way consistently. Source: Atmos Energy Corporation. Even if providing living space with a CA is relativized, the landlord must the whole (!) Rental for the excessive portion of rent since the beginning of the rental period pay back, if the deviation is more than 10% of the floor area specified in the contract. It is irrelevant when the tenant has used the landlord about the difference in knowledge. It is also irrelevant whether the lessee can demonstrate a specific impairment of contractual use; This assumes that a deviation by 10% by the courts.

In addition to the rental, also deposit and all operating expenses must be calculated according. Bundesgerichtshof date: this also applies to rented furnished living room (judgment of 2.3.2011, AZ.: VIII ZR 209/10). The District Court of Berlin had in a decision by the 13.7.2010 (AZ.: 65 S 28/10) or otherwise seen. In its recent case-law, the Federal Supreme Court also clarifies that a deviation of the m has then no consequence for the landlord m number of over 10%, if the lease explicitly clear, that m will not serve m of specifications because of possible measurement errors establishing the leased object and the spatial extent of the leased property resulting from the number of rented rooms. Specialist Attorney tip tenant: 1) check your contract, if there a m indication for determining the living space is specified. 2.) check your apartment! If you have angles, pillar, or some low-slung ceilings in your home, let a professional consult, what consequences this has for the size of your apartment. The living space Ordinance gives a first overview about this. Circumstances, errors have been made at conclusion of the contract for which they had to pay excessive rent over the years.

Specialist Attorney tip landlord: take in the contract not the m specified in the plans or in the partition plan square numbers. Can measure the size of the apartment at Bezugsfertigkeit best by a verifier. There is disagreement due to excess living space information, it can arrive m on every cm. The 10% limit is absolute; There is there no tolerance framework. According to the recent judgment of the Federal Court of Justice, it is also permissible to exclude the warranty for habitation by unique contract provision. A corresponding contract clause should by prepared by a professional. A post by lawyer for rental and property law Alexander Bredereck and lawyer Dr. Attila Fodor, Berlin Potsdam: Friedrich-Ebert-Strasse 33, 14469 Potsdam Tel. (030) 4 000 4 999 E-mail:

Warning: Magic Word Prevention?

Who once received a cease and desist letter, knows it. The fear of further warnings. Preventive magic word cease and desist”the magic word is: preventive and desist. However, that deal with the preventive and desist”is a science in itself. Below is enlightened about meaning and purpose, about opportunities and risks of preventive cease and desist. The preventive cease and desist to protect the persons concerned from further warnings.

How by equip, becomes clear when looking more closely at the sense and purpose of a cease and desist letter. The (great) pleasure”about the cease and desist letter who is injured in his rights, has also a claim in addition to other claims (damages, information etc.) omission of injurious behaviour (injunctive relief). The victim has two ways to invoke the injunctive relief against the infringer. He can directly towards the Court break, thus the Court the infringer in a judgment to the Failure to condemn. Attorney and court costs incurred by legal proceedings. The alleged infringer, loses he must bear the costs as Unterlegener. Instead of going immediately to the Court, the rights owner may make also a warning. “The purpose of a warning is pointing to an infringement the infringer and to give him the opportunity, using cease and desist” (or this Court) to commit to the omission.

Because of the alleged infringer, thus saving cost namely Attorney and court costs the legislator and the established case law expects from that the cease and desist letter within the meaning and in the will of the Dunned down takes place. Therefore the have off pay the cost of the warning, which regularly lower, than the cost of a trial. The have out should so rejoice”, when he receives a cease and desist letter this (anyway, according to the understanding of the legislature), it saves money. Probably, you shake your head at this point.