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WebDec 31, 2024 · The changes contain a revision of the German ownership criterion (replacement of the so-called 'concept of control' by tax nationals with a shareholder … WebHence, if a transfer of shares and a repayment of a shareholder loan take place within the one-year period, the insolvency administrator can claw-back the repayment from the former shareholder. In a second case, the shareholder assigned its shareholder loan to a (neutral) third party, but kept its shares in the company (BGH 21.2.2013 IX ZR 32/12). WebApr 16, 2024 · A company is deemed controlled where the controlling company holds (directly or indirectly) an interest of at least 95 percent within a period of 5 years before and 5 years after the reorganization. A CJEU decision ruled that this exemption does not … cross bowen