A turning point in corporate law
The biggest reform of partnership law in over 100 years is on the horizon: Existing companies have until the end of 2023 to adapt to the new legal situation (if necessary, by amending their partnership agreements). The law is scheduled to come into force on January 1, 2024.
Profit distribution is permissible in deviation from the GmbH articles of association.
The Federal Fiscal Court (BFH) has ruled that an incongruent advance profit distribution decided unanimously without a basis in the articles of association is legally valid and therefore subject to taxation (Judgment of 28.9.2022 – BFH VIII R 20/20).