Annual General Meeting – The decision-making body

The Annual General Meeting acts as the decision-making body of a stock corporation. It represents the legislative body of the company and is intended to relieve the members of the supervisory board and the management board of their duties. The general meeting consists of the shareholders of an AG and is usually convened once a year.

More on the other bodies of a public limited company:

• Board of directors
• Board of directors

Duties of the Annual General Meeting – Auditor, appropriation of profits & Co.

It decides which shareholders are appointed to the supervisory board and also elects the auditor(s) for the annual financial statements. The general meeting is the only body of an AG that may decide on the appropriation of the balance sheet profit and can be influenced by proposals from the members of the management board and the supervisory board. Another important task of the general meeting: It passes resolutions on essential issues – for example, with regard to capital increases or reductions, possible mergers or dissolutions, sales, takeovers or acquisitions…. insofar as these result in an amendment to the Articles of Association.

Overview of the tasks of the Annual General Meeting:

• Discharge of the Management Board & the Supervisory Board
• Election of the Supervisory Board members representing the shareholders
• Election of the auditor
• Decision on the appropriation of profits
• Decisions on matters concerning amendments to the Articles of Association

The members of the general meeting are automatically provided with participation in the formation process of the stock corporation. In contrast to the management board and supervisory board, they are not bound to fixed terms of office, but are allowed to hold office until they leave the company. Each shareholder receives votes in proportion to his profit shares. The shareholder is granted one vote per share.

AG: foundation, legal form, special case real estate

1. Stock corporation (AG)
2. Real estate stock corporation (REIT-AG)
3. Real estate company

Stock corporation (AG): Formation, liability, legal form & Co.

Aktiengesellschaft (AG) – The stock corporation is a German legal form founded by at least one person and organized by different bodies. Instead of a managing director, the company is managed by a board of directors consisting of at least one person. As the name already indicates, this legal form of a company primarily stands for stock trading. You would like to start a company alone or together with other people and learn more about company law forms in advance? Then you’ve come to the right place!

• Stock corporation (AG)

Real estate stock corporation (REIT-AG)

Real estate stock corporation / REIT-AG – You don’t find the idea of a stock corporation bad at all and are now wondering how you can combine your capital company with the real estate industry? A real estate company is a company that serves the financing, development, realization, leasing, or marketing of real estate – starting with a single property up to a real estate portfolio in the three or multi-digit range. The management of real estate property or third-party real estate on behalf of third parties can also be handled by a real estate company.

• Real estate stock corporation (REIT-AG)

Real Estate GmbH & Asset Management GmbH

Alternative – In this article you will learn the basics about real estate companies. Briefly explained, a real estate company is a company that has the purpose of leasing, developing, financing, realizing and/or marketing. It doesn’t matter if it is one or more properties. The management of residential and commercial real estate – in its own interest or as a service offered to third parties – is also a popular focus for real estate companies and asset management GmbHs. Find out more about the main advantages and disadvantages of buying real estate and the expected costs.

• Real estate company

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Divorce without separation year – hardship divorce in special exceptions

When a marriage is divorced, one fact is a basic requirement: the separation year. This is required by law to prevent hasty and ill-considered decisions and to protect the institution of marriage. However, in special exceptions, a divorce without a separation year is possible. Which exceptions are these, what they have for requirements and how such a divorce proceeds, you will now learn!

• Tip. Our guide for house and apartment: Selling real estate after divorce.

The most important at a glance

• The law regulates divorces in regular and exceptional cases. The exceptions refer to the hardship regulation and the hardship clause.
• Exceptional cases are to be avoided by the law and are to be used only in absolute emergencies
• The separation year is intended to protect against hasty decisions. The year should be used by the spouses to think through the decision to divorce thoroughly and to make a rational decision.
• A hardship divorce does not follow any precise legal guidelines. Whether there is a reason for a hardship divorce is always decided in the individual case.
• There are certain requirements that can help judges make a decision
• Before a hardship divorce is decided by a judge, other alternatives may be considered. One possibility is court-ordered mediation, which attempts to resolve conflicts in advance and eliminate the reason for the hardship divorce.

Divorce according to the law – regular and exceptional cases

The law regulates divorces in two regular and two exceptional cases. The first rule is the acceptance of a failed marriage after both spouses have filed for divorce after a year of separation or one spouse agrees to the divorce petition of the other spouse. The second rule case describes the situation after one spouse has filed for divorce but the other does not consent to it. Here, the law states that after three years of separation, the consent of both partners is no longer required and divorce can be granted as it can no longer be assumed that the marriage is salvageable. In both cases, it is irrefutably presumed that the marriage has failed.

The family court now knows two exceptional cases from the regular cases of divorce. The hardship clause describes the early divorce, before the end of the separation year and the hardship clause describes the maintenance of the divorce in the interest of the common children or because of the special situation of the spouse.

• The law regulates divorces into regular and exceptional cases
• Exceptional cases are to be avoided by the law and are to be used only in absolute emergencies

The separation year – the meaning and purpose

However, the hardship divorce is the absolute exception. The legislator sees marriage as a contractually binding relationship that both parties have entered into consciously and permanently. The separation year is intended to prevent divorces that are entered into lightly and to create time to think through this important decision thoroughly. Thus, dissolution of marriage is only possible after the separation year has expired and even then only with the consent of both spouses. If one continues to see a chance of reconciliation, the divorce can only be carried out after three years without the consent of both partners. The legislator thus understands the hardship divorce as an absolute exception and the separation year as a necessity and rule.

• The separation year should protect against hasty decisions
• The year should be used by the spouses to thoroughly think through and rationally make the decision to divorce.

The requirements – the founders for hardship cases

There are no binding guidelines for a hardship divorce and the rulings are always individual decisions. However, the starting point must be the special situation that justifies a hardship divorce. The applicant must therefore be able to present and also prove important founders for the case of hardship from the very beginning. Some requirements that must nevertheless be observed as a general rule:

The failed marriage

Even in the case of a hardship divorce, the family court judge must formally examine in advance whether the marriage has failed. An equation of a failure to restore the marriage and the unreasonableness of the marriage must be avoided in this context.

The spatial separation

The separation must also be established as such by the family court judge. In this case, it is expedient if the spouses live spatially separated. As a rule, living in the joint marital home speaks against the hardship divorce.

The important reason in the person of the other spouse

The important reason justifying the hardship situation must always lie in the person of the other spouse. If, for example, one spouse only wants a divorce in order to marry his/her new partner, there is no important reason in the person of the current spouse and the reason is not sufficient for a hardship divorce.

The detailed description of the reason

The important reason for the hardship divorce must be described in detail by the spouse. A simple assertion is not sufficient here. The unreasonable hardship of the situation must relate to “continuing to be married to each other” and not only to an irrelevant situation. The duration of the marriage is irrelevant and has no influence on the result.

Whether a case of hardship exists or not must therefore always be decided depending on the individual situation. For a better understanding, cases that were rejected for a hardship divorce help. No hardship cases are therefore present if:

• Mere difficulties, disagreements or needs exist, as they do in every marriage from time to time.
• Constant friction, repeated absences or a lack of understanding of each other’s concerns are present.
• There is a desire on the part of one spouse to enter into a new marriage
• Household management is neglected or jealousy scenes are constantly coming from one partner without reason
• A marriage of convenience exists and was only entered into in order to obtain a residence permit for the foreign spouse.
• Marital fidelity has been breached or if one spouse is living in a marital relationship with another partner.

When it comes to hardship divorces, it is often a tightrope walk. The individual situation is decisive for the decision of the family court. Depending on the reason, different judges have already made different decisions. Whether a situation is therefore grounds for a hardship situation cannot be answered across the board.

• A hardship divorce does not follow precise legal guidelines
• Whether there is a reason for a hardship divorce is always decided in the individual case.
• There are certain requirements that can help judges make a decision

Alternatives to hardship divorce – court-ordered mediation

However, there are other alternatives besides a hardship divorce. One of these is a court order to attend mediation. The judge can order the spouses to attend a free information session on mediation, either individually or jointly, and to provide a certificate for this.

Mediation is a means of peaceful conflict resolution that is designed to help spouses resolve problems. A neutral third party helps the couple resolve difficult conflicts and find a new way forward. This alternative is often used when joint children are involved in the divorce. With the help of this alternative, the court hopes for a peaceful resolution of the problems and to avoid a hardship divorce.

• Before a hardship divorce is decided by a judge, there are other alternatives that can be considered
• An alternative is court-ordered mediation, which attempts to resolve conflicts in advance and eliminate the reason for the hardship divorce.

Divorce: guide, help and tips

Divorce is complex, it’s true. But you are not alone! Many let themselves separate and in fact, a large part always finds a good solution. Only a small part ends in a quarrel. So that you can prepare well, you will find here our small guides and tips on divorce, family, money and real estate.

• Divorce: Guide

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This is how a real estate millionaire thinks – Interview Axel Fischer

Alex Fischer – this is how a real estate millionaire thinks by Tobias Zulauf. Axel Fischer, author of ‘Reicher als die Geissens’ talks about his experiences.

Rating: 703 positive / 54 negative

How do I become a successful real estate investor? – Interview Christoph Gröner

How do I become a successful real estate investor?

Youtube description: “Christoph Gröner in an interview at Mipim 2019 in Cannes. I ask Him the question how he would enter the real estate market as a real estate investor in this day and age. On the one hand, from the perspective of a private individual. On the other hand, from the perspective of a company.”

Rating: 323 positive / 9 negative

Nursing care real estate as an investment – Interview Dominik Konrad

Nursing care real estate as an investment explained. Interview with Dominik Konrad

Youtube description: “In today’s interview we talk to Dominik Konrad, the founder of immoheld. Immoheld offer their customers the opportunity to invest in care properties, so-called sales properties. Investing money in care real estate may make sense for those who have little time themselves. […]”

Rating: 107 positive / 14 negative

Germany’s largest real estate developer: Interview with Christoph Gröner

phoenix persönlich: Christoph Gröner as a guest of Alfred Schier – from phoenix.

Youtube description: “Christoph Gröner is Germany’s largest real estate developer and openly admits to success, power and wealth. Is the #wealth of one the #poverty of the other? And are expropriation and rent freezes the right recipe against housing shortages and rising rents? Alfred Schier talks about this with Christoph Gröner”.

Rating: 176 positive / 26 negative

This is how you get started – Interview: Investor Dr. Florian Roski

Real estates as capital investment – Thus one begins – Investor Dr. Florian Roski in the interview – of shares in the head.

Youtube description: “Real estate as an investment? Since I don’t understand much about this as a direct real estate investor (not through the stock market), I interviewed real estate investor Dr. Florian Roski about his book and your questions.”

Rating: 1,400 positive / 70 negative

From 0 to 11 apartments in 1.5 years – Interview with Sönke Fröhlich

From 0 to 11 apartments in 1.5 years (Part 1). Interview with Sönke Fröhlich from immocation.

Youtube description: “Sönke, engineer from Erlangen, has done it. He has exceeded his own goals. He has successfuly mastered the entry into real estate. After only 1.5 years he is a real estate investor with already 11 residential units. The search started in Nuremberg at the end of 2017 and already in January 2018 he bought his first apartment, very soon the next properties followed. Of course, it is time and work that you put into the property search and location search […]”

Interview part 1

Rating: 684 positive / 196 negative

Interview part 2

Rating: 684 positive / 196 negative

Tip! Investment in nursing care real estate and nursing care apartments

There are currently 4.1 million people in need of nursing care in Germany. 731,000 people are cared for in full inpatient nursing facilities. Germany has the most expensive healthcare system in the world. The biggest return factor when investing in nursing care real estate is, of course, the development of demographics but also the economic capacity of a country, which ultimately supports the nursing care system and its financing. Like many rich or wealthy countries, Germany’s population is getting older and older.

Buying nursing care real estate as an investment?

Few people who want to invest in real estate, come in the first thought to care real estate, or apartments. But it is worth taking a look at this type of investment. Nursing homes are springing up all over Germany, not just in conurbations, as the population is getting older and older. There are properties and facilities for senior citizens in every district. They offer themselves thus investment object for regional investors, as capital investment in the proximity, in addition, for supraregional investors. How is the market for nursing care real estate developing in Germany? Which type / which location is interesting for investment as a yield property?

We have identified 5 factors in the first look at this form of investment.

• Capital investment nursing apartments

Der Beitrag Investment Property Investor Interviews: From the first apartment to a million erschien zuerst auf ℄ Real Estates.

Prevent foreclosures – The options

As soon as one has been informed about a foreclosure, the worries and fears are great. From many quarters in this situation comes the phrase, “You can’t stop a foreclosure.” But how hopeless is this situation really? What options are there to fight the foreclosure proceedings? We have listed 4 options for you that may be able to help you.

The way out of the foreclosure – negotiations with the bank

Keep calm and consider what course of action would be best for you. The best way to escape foreclosure is to negotiate with your bank. Not only does your current financial situation play an important role, but the forecast of your future financial situation also plays an important role. A bank will only be interested in agreeing to a new deal if there is a good chance that the installments will be paid on time in the future. It is particularly important that you act in good time when you learn of the enforcement proceedings.

Deferment of installments

This option is recommended exclusively for people who can say with certainty that they will have more money available again in the future. The core of this option is the deferral of the installments. A deferment means the suspension of one or even several loan installments. The bank will agree to this option only if there is an improvement in the financial situation in the future.

Reduce or suspend the repayment rate

One way to prevent the foreclosure of your home is to reduce or even suspend the repayment to be paid. To make this option a reality, you should talk to your bank. The likelihood that they will agree to a new arrangement with you is not that small, as the bank often does not benefit from a foreclosure either. This procedure is particularly useful if it is foreseeable that you will have more money available again in the future.

Reschedule

Another possible option in the event of an impending foreclosure is to reschedule. Rescheduling means taking out a new loan to pay off an old loan. Rescheduling only makes sense if you have to pay less interest on the new loan than you did on the old one. It is important to constantly try to reduce your interest costs. You can take out a new loan with the same bank or with any other bank.

If you have actually managed to do this and have reached a new agreement with your bank, it makes sense that you still try to cut back a little in your everyday life and save money so that you can fall back on your savings in financial bottlenecks. You can save in a wide variety of areas of your life. From getting rid of your own car and switching to public transportation to comparing and switching electricity providers. Here we have an article for you that deals with the topic of “saving”:

Read also:

• Foreclosure explained
• Online portal and local court list
• Foreclosure Submission
• Receivership
• Compulsory mortgage
• Tip! This is how an auction works (external): Compulsory auction procedure

Saving: Advisor and Financial Check

First of all, it is important to have a stable basis. You must always keep an eye on regular and one-off expenses. Our guidebook provides valuable tips and tricks for creating a solid financial basis step by step.

• Saving advisor: Financial Check
• Saving in everyday life (14 tips for investing)

We also have many individual areas where a lot of money can easily be saved. Every week, every month, so that a solid financial basis is getting closer and closer:

• Save subscriptions
• Save Shopping
• Save Driving
• Save free time
• Saving budget
• Save Travel
• Save electricity
• Save relocation

Investing: Investments

With stable financial resources, it is then particularly worthwhile to think about your first investments, so that your money – passively – works for you.

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Foreclosure auctions – How you can always be part of it

We at Lukinski have listed for you how you will never miss an appointment for a foreclosure auction again. No matter from which part of Germany you come, we have the right address for you. And one more thing: We give you our tips on how you can best prepare for an auction date.

You’ve always wondered how friends or acquaintances who bid at foreclosure auctions knew when and where they were taking place? From now on, this will no longer happen to you. In the meantime, there are even Internet portals that show the foreclosure auctions divided into the different federal states.

Trust the official portal:

Foreclosures are posted at www.zvg-portal.de

List of all local courts in Germany

If you should not have the possibility on the different Internet portals after a suitable real estate to investigate, then there is also still another possibility of these dates to experience. The dates of auctions must be recorded as a notice in the competent district courts. In addition, the auction must also be recorded in the official gazette and can also be in a newspaper. If you do not know which local courts are in your area, there is a list of all local courts in Germany divided by federal state.

More information on foreclosures:

Tips for preparing for a foreclosure auction

To achieve the success you want at a foreclosure auction, you should prepare thoroughly. It makes sense to look at the foreclosure process several times before you attend a foreclosure auction yourself. The second step is to start looking. Look for offers that correspond to their interests by also activating the search filter on online platforms and do not waste time unnecessarily.

Then, once you have found a property that appeals to you, it is important that you gather enough information about the property. The most important information you can gather:

1. Review market value appraisals
2. Examine land records
3. Note the file number of the object to obtain even more information
4. If possible, arrange viewing appointments

Develop financing concept & follow preparation tips

It is particularly important that you come up with a sensible financing concept. Make sure that you don’t let yourself be distracted from your pre-determined highest bid in the heat of the moment, so that you don’t get into financial difficulties afterwards. However, before you bid at a foreclosure auction, you need to make sure that you can put down a security deposit. The security deposit must be 10 percent of the fair market value and must be paid to the court cashier before the auction. The total price of the property must be paid four – six weeks later.

If you follow these preparation tips, nothing will stand in the way of the auction of your dream property. Now all you have to do is bring your identity card or passport to the auction so that you can identify yourself.

Read also:

• Foreclosure explained
• Prevent foreclosure
• Foreclosure Submission
• Receivership
• Compulsory mortgage
• Tip! This is how an auction works (external): Compulsory auction procedure

Procedure of a forced sale – Video

Risks of a forced sale – You should be aware of these risks

Most people who attend a foreclosure auction hope to get a bargain. However, this is not always guaranteed. There are risks involved in a foreclosure auction that you should be aware of. Here, we have compiled possible risks for you so that you can be prepared in the event of a foreclosure.

Personal viewing rarely possible

Before participating in a foreclosure auction for a property, it is important to obtain sufficient information beforehand. Unfortunately, it is rarely possible to inspect the interior of a property in advance, as the occupant does not have to allow any insight into the interior. For this reason, possible damages or defects often only appear afterwards.

Existing tenancy must continue to exist – unless own need

If you buy an already rented property at an auction, you automatically become the landlord and have no right to terminate the tenancy, unless you need the property for your own use. You are therefore bound to the tenants to a certain extent.

Bidder offers more than financially possible

At a foreclosure auction, there is always the risk of falling into a so-called “bidding frenzy”. If the desire to buy the property at auction is particularly great, the risk of getting into such a situation increases. The active bidders drive each other up and do not notice it sometime that they have already arrived at the limit fixed by themselves before. Through this happening it can happen that one drives oneself into a financial ruin. Once a foreclosure sale has been concluded, there is no longer any right of withdrawal.

No warranty on construction defects

If you have managed to buy a property at auction and afterwards construction defects occur, this is particularly annoying. The disadvantage of a forced auction is that there is no warranty on construction defects.

Der Beitrag Forced sale: online portals for buyers, local court list and tips erschien zuerst auf ℄ Real Estates.