Federal Association of German Foundations
dtb rechtsanwälte has been advising on matters of foundation law for many years. After longstanding cooperation with the Federal Association of German Foundations, we are now also an official foundation partner in the Association. The Association of German Foundations represents the interests of more than 22,000 foundations in Germany. Together with the Association, we want to develop acquisitive foundation models in order to make activities based on solidarity profitable in the long term. Please click here for further information on the Federal Association of German Foundations:https://www.stiftungen.org/startseite.html
Cultural values and property: current article in the FAZ
The dispute between the state of Hesse and the finder of an ancient Roman horse head over an appropriate finder's fee has already lasted a good ten years. Bertold Schmidt-Thomé represents the farmer on whose property the bronze horse head exhibited today in the Saalburg Museum was found. The discovery of the ancient relic was not only a sensation for archaeology. In terms of historical monuments, this extraordinary case deals with the exciting question of how archaeological finds can be appropriately evaluated with the help of different value categories - such as "artistic" or "historical" significance.
Helmut Schwan now pursues this question in an article in the FAZ, which can be found at https://edition.faz.net/faz-edition/rm-hessen/2019-11-08/ideeller-wert-ist-nicht-zu-beziffern/384209.html
More than 90 guests from the gallery and art trade world got to know the solution model developed by dtb rechtsanwälte in cooperation with the compliance specialist Kerberos from Cologne to make the art market fit for the requirements of the 5th Money Laundering Directive in the Mendelssohn Remise on Monday afternoon. There was a lot of positive feedback and lively discussions on legal policy. An interesting lecture by our cooperation partner Dr. Stephan Zilkens, Zilkens Fine Art Insurancebroker GmbH, on the various ways of securing art financing under insurance law rounded off the programme.
The tightened money laundering law is on everyone's lips. But what consequences does the law have for art dealers, art brokers, galleries and auction houses? The art insurance specialist Zilkens Fine Art Insurancebroker GmbH and dtb rechtsanwälte provided information on the new Money Laundering Act and on insurance in the context of art financing in Cologne.
With the recent debate on the wealth tax, the question also arises as to what effects the planned tax will have on the art market. Deutschlandfunk (Kultur heute) inquired and asked Pascal Decker what a wealth tax would mean for the art market.
You can listen to the full interview here:https://www.deutschlandfunk.de/kultur-heute.690.de.html?drbm:date=2019-08-26
"Best Lawyers" and "Handelsblatt" have once again included Pascal Decker in the list of Germany's best lawyers in the field of art law.The American specialist publisher "Best Lawyers" is regarded as one of the oldest and most renowned lawyer evaluation services worldwide. For more than 30 years, the publishing house has been determining and publishing recommendation lists of the best lawyers in 75 countries worldwide in over 140 fields of work, in Germany exclusively in cooperation with the Handelsblatt. The result of the Best-Lawyers-Rating was published in the "Handelsblatt" in the issue of 28/29/30 June 2019, pp. 44-49 and can be viewed via the search function of Handelsblatt Online as well as on the website of bestlawyers.
TIAMSA Legal in cooperation with the Bundesverband Deutscher Galerien und Kunst-händler e.V. and dtb rechtsanwälte invited to a panel discussion. Art market players and compliance experts dealt with the highly topical question of what effects compliance requirements have on the art market and how they can be implemented meaningfully.
You can find more here:
"The decisive factors are the effects on purchasing behaviour and the structures of the trade. Pascal Decker expresses his concerns about the new Money Laundering Act. The article "Bureaucracy and Art" by Christiane Fricke can be found in the Handelsblatt in the issue of 5 / 6 / 7 June 2019, pp. 56 - 57.
Read for yourself:https://www.handelsblatt.com/arts_und_style/kunstmarkt/geldwaeschegesetz-ihren-ausweis-bitte-kunsthaendler-muessen-kuenftig-die-identitaet-der-kunden-nachweisen/24517294.html?ticket=ST-2638358-Q3LnIRkf2zUbQzRhP9ka-ap1
As guest speaker Bertold Schmidt-Thomé took part in the EOA conference and dealt with the foundation "Geyso20", an organization of Lebenshilfe Braunschweig.There, people with disabilities are given the freedom and space to work creatively. Numerous legal questions had to be clarified both with the works of the studio's artists and with its guest artists before they became part of the collection of an Outsider Art Studio.Who owns the artworks? Who owns the rights to use the works of art created to date? Just to mention a few indispensable questions that had to be examined under German law before the foundation could be established.Bertold-Schmidt-Thomé explained these questions with his sound knowledge of art law and assumed not only an exciting but also socially more than inspiring task.
In an entertaining dialogue with Pascal Decker, Bertold Schmidt-Thomé explained how works of art can be tax-optimized. Under the heading "The art of bequeathing art", numerous collectors at the Salon Bastian in Berlin and at Kunkel Fine Arts in Munich followed the explanations with interest.
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