All about 700,000, mostly medium-sized German limited liability companies, as well as re-liable persons involved limited partnerships, limited liability companies at least 100,000 words & Co. KG's can look forward to new strains. According to the decisions of the Bundestag and Bundesrat on 16.12.1999 on 02.04.2000 (BR-Drucks. 7 / 00 [Decision]) it must publish in the future forced their financial statements, and to this insight of "everyone", ie the competition. This consists not only of large German corporations, but is lurking around the world to the Far East. Visible, whether the company is offering attractive niche products, represents an interesting takeover target, or simply whether supply prices of a medium-sized company could not be pressed a little.
Halali met on the middle class old union dream
It may be the current Red-Green federal government have made the decision easier for they can appeal to the EU, as well as to the ECJ. What many will be unknown, however, that in the 1970s already wanted to fulfill an SPD-led federal government the desire of the German Trade Union Federation for comprehensive figures on the middle class for collective bargaining, but then could not prevail politically. This work has then Brussels - removed - without cross-interference. In this respect, a shoe is the fact that exceptions to the EC directive, which would have the middle class can use, consciously entered into by the federal government now have been so again to complain "about German target. While under European law, a GmbH & Co. KG, are at each other & Co. KG's gradual interest (Multi-storey & Co. KG), had remained free publicity, as a cooperative or Stiftung & Co. KG, the German legislature has everything "tight" made than if he simply does not like the middle class, with the other hand, the argument that most jobs are created in the SME to repeat here now.
Modern company law distinguishes between private financing and capital market:
background of so-called EU accounting directives supplement policy GmbH & Co. KG's was the thought that by joint stock companies and limited liability for registers a European publicity would create competitive disadvantage that must be transferred to the German GmbH & Co. KG. Justification was that "disclosure of the price of limited liability was" a perverse formula back then, since bankruptcy protection rather by reasonable security (eg retention of title, etc.) than to accomplish through publicity in hindsight. had with a major initiative in the European Parliament in 1978, for example, the German Industry and Commerce ( Hahn, EuZW 1990, 156 ff and DStR 1991, 121 ff) argued against: mean level playing field "can not equal bad position" . So harmonization as an approximation of competitive disadvantages is misunderstood European internal market if it is just simply ignored that it is next to the world market. The European Parliament - the democratic representation of the European citizen - had therefore decided that small and medium-sized private companies, free publicity, and should be facilitated. However, this was against the EU Commission, which asserted itself in 1978 with the results of the 1990 Directive, this is against the will of the medium-sized law concerned, and international use.
For proper legal classification but to distinguish whether a company receives public funds, so like a corporation on the capital market turns, or whether it is a private company. According to investor and creditor protection rules have to direct differentiation. The start-up company financed itself, or that makes no difference veteran make a personal bank loan. is no reason, therefore, that the private entrepreneurs will serve as its business model and related financial ratios virtually on the tray of an international competition, as a society, which receives worldwide investor money.
This is also the sense of justice of the nation that we are pioneering in terms of publicity. The U.S. accounting rules (U.S. GAAP) with respect to their publication not only for the international accounting rules (International Accounting Standards, IAS) model. They are even benchmark for German accounting, we think only of the "facilitating capital raising Act (KapAEG)" from the year 1998. For such a successful new market as another segment of Deutsche Börse, it is easy selbstverstädlich that is published in accordance with IAS or U.S. GAAP and this quarter. Conversely, there is a significant difference must not publish private U.S. companies and this also applies to Asia, especially Japan.
The EU ought to be obvious that just the middle class from Spain to Finland just to compete with global players in the Far East and USA, and therefore the same rules as needed in these countries. Why the EU is equal to the privately funded GmbH and GmbH & Co. KG or the "Small Company" in the capital market exposure of the AG in terms of publicity, will never be comprehensible. Has rightly in view of the international legal situation of German SMEs since 1978, the publication of limited accounts denied, not least in the context of support from industry associations and tolerance by the last federal government, but after about the recent Hinterlegungserzwingungsverfahren has maintained strict legal understanding of workers and creditors. Because equality in the burden within the community between AG and GmbH and now GmbH & Co. KG is, in the context of international competition but incomprehensible to the contrary decision of the legislature in the U.S. or Japan for the protection of private company.
http://www.gmbhr.de/frueher/05_00/blickp_05_00.htm
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