As of 1 November 2019, the amendments concerning the abolition of the bearer share are expected to come into force. The planned revision of the law will not only bring about changes under civil law, but also new penal sanctions.
Read moreAs part of the implementation of the recommendations of the Global Forum on Transparency and Exchange of Information for Tax Purposes (OECD), the transparency of legal entities must be increased, and thus an adjustment of bearer shares has become necessary. Bearer shares have met with international criticism because they are anonymous and easily transferable and can thus be abused for tax evasion and money laundering. Nevertheless, an adjustment was put on the back burner by parliament and now had to be implemented within a short period of time, which was objected to in parliament.
Read moreOwnership is particularly relevant in the case of restructuring, succession arrangements or financing rounds. However, ownership can also be significant in disputes between shareholders; a shareholder can only exercise his rights if he can prove ownership of the shares. The problem affects both established companies, where succession is at stake, and start-ups, where ownership can change again and again due to financing rounds.
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