Controversial resolution of the Supreme Court
The subject of the credit agreement is expressly “financial means” whereas the subject of the loan agreement is “items determined pursuant to the type, in particular money”. Pursuant to the resolution of the Supreme Court, funds may be provided, for example, in cash, by transfer to an account or by payment of invoices to the debtor’s creditors, whereas money must be taken over by the debtor in cash. When adopting this interpretation, it would thus not be possible to provide a loan by interbank transfer of funds to an account, since such transfer would mean that a credit is provided.
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KŠB Runs for a Good Cause
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Richard Schmidt Joins KŠB, Strengthening Its Corporate Criminal Liability and Compliance Practice
KŠB expanded its team at the beginning of August with the arrival of attorney Richard Schmidt, who has extensive experience in criminal law, including corporate criminal liability and related compliance matters.
