Yalnizca

The World and Modern Science

  • Jan 23

    The plaintiff had been employed at 01.04.2007 the defendant as an administrator. On 11.04.2007 gave the plaintiff a further password to an internal company-operating parties. With this password, it was possible the user to purchase from suppliers of computer parts online to defendant and to charge the defendant with the purchase price. The defendant announced the employment contract without notice by the very letter 24/04/2007. Some contend that Keith Yamashita shows great expertise in this. Court against that decision brought by the employee was dismissed (Labor, Judgement of 29.06.2007, Az a Ca 3212/07). The court based its decision on the grounds that the plaintiff had misused by sharing the password, the trust placed in him.

    What matters here is not important that no orders have been made specifically with the password, as he had threatened the assets of the defendant. The trust was no longer restore a warning. In the final balancing of interests was the end the employer’s interest takes precedence over the existing interest given to the employee. This aggravating factor was assessed that the claimant only a few days in the working relationship and he was working as an administrator in a highly sensitive area of work was. The decision makes clear that a warning is in front of a behavioral termination only required if it can be restored by this confidence in a future with the contract employees’ conduct. Aqua Finance has many thoughts on the issue.

    For very serious breaches of duty of the employee, in which this can not be expected that the employer will issue a warning notice to terminate instead, the warning is unnecessary. For employers, it is recommended to treat the obligation, passwords and other confidential data, separately incorporated in the employment contract. The information has been compiled in good faith and intended for general information. This information can not replace a personal consultation! It does not constitute legal advice.

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  • Oct 10

    The tax consultancy firm Farooqui from food informed by the entry into force of the final withholding tax taxpayers must starting with income tax returns for the year 2009, no investment earnings from capital investments (investment Cape) more give. Because of this tax change, the majority of Bank institutions year tax certificates, demonstrating the interest income of last year as an integral part of the Cape system exhibits exclusively on their customer’s request. The dedicated team of tax firm Forschner explains why the voluntary request of an annual tax statement and providing the facility Cape yet for every taxpayer are useful. The tax was introduced in 2008 to 1 January 2009 of the corporate tax act. It causes an einkommenssteuerlich separate treatment of employment and investment income.

    While for income the income tax declaration remains valid, be investment income by the tax directly at the source, the managing each banking institution, with a single rate of 25 percent taxed. Tax revenues flowing from there directly to the tax authorities, which the tax on capital income is considered for the private investors paid. However, it remains advisable from different tax aspects in the context of the income tax return continue using the system a year tax certificate to make Cape. Rob Daley does not necessarily agree. So, the tax saving opportunities can be opened up. The voluntary tax of attached to revenue from capital is advantageous in the following circumstances: the taxpayer has failed, given the Bank an exemption order to grant or but this is a too low amount. An exemption order can be made to the extent of the saver Pauschbetrages and causes that no taxes are due for interest income up to this amount. The rate of income tax of the taxpayer are below 25% and is thus lower than the already-drawn tax rate. The use of the Cape system allows a cheap er exam along with the Income tax return to apply for.

    The uberzahlten taxes will be refunded. With the submission of investment on capital assets, obtained capital income can be included in the basis for the deduction of the taxpayer, thereby creating more opportunities for tax savings. Has achieved the taxpayer losses from private sale transactions, they can use investment income will be, and as a result, the tax will be reduced. In addition to the voluntary submission of facility Cape, the IRS may require taxpayers to submit them for processing tax returns if it contains unusual stress. Notable examples would be spending for dentures or spectacles, where the tax authorities on the basis of the Cape system determines the reasonable equity exposure of the taxpayer. Providing the investment on income from capital gains is mandatory also still for a number of circumstances, such as in hidden profit distributions or Sales of life insurance. Summary there are numerous good reasons for each taxpayer to request a year tax statement at his bank and attached Cape of the income tax return with the plant. The creation of an income tax return is not easier by additional exemptions. For this reason, the tax experts of firm Forschner for comprehensive advice and information on this topic are available.

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  • Aug 14

    Pach & Pach lawyers inform the Federal Supreme Court failed the special termination of a tenancy agreement in accordance with section 573a BGB a landlord in his judgment of 17 2010. On this latest occasion, the specialists the Nuremberg firm Pach & Pach shed light on the conditions of the simplified termination by the landlord. In accordance with section 573a para 1 BGB entitled to the landlord of a building with no more than two units, that he himself inhabited the right of lease termination easier. It represents an alternative to the ordinary termination to the landlord must prove no legally billigenswertes self-interest. The protection of the tenant prior to a termination of the contractual tenancy is heavily curtailed by application this special termination right.

    As a result, the legislature continues a series of conditions to the termination in accordance with section 573a para 1 BGB. The simplified notice replaces the ordinary termination. This excludes from the lease, who is landlord-special notice pursuant to section 573a para 1 BGB also not allowed. This is important in particular for fixed-term leases. As long as the time limit is not expired, the landlord may make no simplified notice. He is entitled to rely on section 573a para 1 BGB the proper notice period will be extended by three months. The limitation of the special termination right to building with two apartments, one of which the landlord is also personally inhabited by importance.

    Facilitated termination entitled to legal persons, nor landlords who are not the owner of the building. The landlord wants to make use of his special right of termination he must rely explicitly in a written notice to the tenant on the legal basis of this form of the motion. Liberty the tenant, according to 574 BGB contradicting the termination when there is a reason of hardness. In this case it is the jurisdiction to make a decision to get over the effectiveness of the termination.

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  • Shell Corporations

    Filed under News
    May 15

    Coat, English limited and stock companies using shelf companies and shell corporations in Germany since the Centros decision (ECJ v. 09.03.99, case C-212/97) and the decision in the case of uberseering (ECJ v. 05.11.02 RS. C-208/00) in 2002, buying a British limited was advertised in many places. The motivation for many prospective customers of an English capital company was primarily due to the low initial capital of only 1. Although the care of an English limited overwhelmed most of the buyers and the administration only with help from third parties and with significant cost to accomplish was, sales boomed until summer of 2008.

    Then, the haunting was ending. “Because the German legislature, the English limited a thorn in the flesh” was a German alternative was created and (limited) launched the entrepreneurial society. Here, too, the minimum capital is only 1. At the same time, the legislature has taken the opportunity and within the framework of the MoMiG (Modernisierungs-and) Abuse Control Act) the Act comprehensively modernized. The legislature has deliberately not limited the possibilities for the establishment of stock companies, but rather facilitates facing the cash pooling scheme. Therefore shall apply unchanged, that buying a stock GmbH or stock-AG is a desirable and therefore sought after way very quickly to start a company. Is a stock company when (as the name suggests) is a company based on stock.

    This can be for example in the form of GmbH, AG, GmbH & co. KG, or a so-called Societas Europaea (European company). These shelf companies are”virgins, so still no business activity have had. The companies be established merely for the purpose of later sale. They are equipped so that the buyer can immediately be active with her. Above all, this means that the company in the commercial register is registered and that the capital was deposited. Furthermore – at least the reputable providers – was a vote of the company with the competent Chamber of Commerce, as well as a registration of society in the business office and the IRS.

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  • Copyright Act

    Filed under News
    Aug 10

    AG Munich, judgment of November 11, 2009, AZ.: 142 C-14130/09 also was in an earlier decision of the AG of Munich (judgment of November 11, 2009, AZ: 142 C-14130/09) noted that comes an application of 97a II Copyright Act only if there is a substantial infringement into account. In the matter was the Audiobook of “The way of the beam” accused the defendants of Dieter Bohlen on the Internet Exchange eDonkey to download offered. The Court sentenced the defendant to pay EUR 1006,00 to the plaintiff. In this decision, the applicability of 97a is negated II UrhG. The AG Munich took this as follows: “a capping of the incurred costs in accordance with article 97 a paragraph 2 UrhG present also did not come into consideration. The offer one Urheber Recht lieh LIEH copyright protected work within the framework of an Internet Exchange as eDonkey, is already not insignificant violation of law in the meaning of that provision. This arises from the fact that the contested infringement of rights in the public make of is a copyrighted work.

    It arrives for the infringement just not so, how many users actually accessed the offered work, but how many users of Internet swap copyrighted and made publicly accessible plant would have to access”the other versions are remarkable, because the Court assumed that regularly several 100,000 users is to use this Exchange. “It’s known court that at Internet exchanges such as eDonkey regularly several 100,000 users at the same time provided can access files on the download. Of this magnitude can be no longer assumed by a minor violation of the law, since unchecked and without reservation the copyrighted work was made available to a wide public. The referred to as far as exemplary cases of a minor violation of the law (insert a map on a private website, use a photograph in the) Under a sales offer an Internet auction Exchange) affect completely different bearing cases, because a significantly lower, gated persons addressed or is but offered the protected work is not for reproduction.” Attention should be also two further points of this decision. For one, the Court does a damages claim gem.

    97 para 2 UrhG amounting to 500.00 as appropriate. This is determined in the context of the license analogy. Still the Court makes it clear once again that no original power of attorney should be attached to a warning: “the warning was also due, even if no original authority according to section 174 BGB was attached to her. Although section 174 applies to BGB of its wording also business-like actions. A cease and desist letter as such but has no right shaping effect opposite the Dunned down. The injured person can successfully sue the infringer even without warning. The warning is only at the question of how the costs distribute ZPO are a role within the framework of the balance in accordance with article 93. “The provision of section 174 is a power of attorney be accompanied BGB with unilateral legal transactions, but not intended to make it easier for the infringer, to estimate the risk of costs of a process (OLG Hamm, judgment of 17. 7.2008, business signs 4 U 60/08).” More information is available on our website: your Tobias Arnold

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