In this guide, leading practitioners answer the same key questions for their respective jurisdictions. PE Magazin authors Tarek Mardini, Dr Matondo Cobe and Antonia Nabavi contributed the chapter on fund formation issues in Germany. more…
Overview Germany – Law & Practice Investment Funds 2023
The Chambers Legal Practice Guide Investment Funds provides a global comparison of the legal, tax and regulatory aspects related to the establishment and operation of investment funds in the individual countries. PE Magazin authors Amos Veith, Jens Steinmüller, Ronald Buge and Stephan Schade provide everything worth knowing about the German market and legal system. more…
Private equity transactions 2023 – How the German market works
Quick reference guide enabling side-by-side comparison of local insights, including into types of private equity transaction, corporate governance, disclosure and timing considerations, dissenting shareholder rights, key purchase agreement provisions, participation of target company management, tax, financing, shareholders’ agreements, exit strategies (including IPOs), target sectors, cross-border considerations, club/group deals and key recent developments. more…
ESMA takes aim at fund names in fight against greenwashing
Fund names are an important marketing tool. They convey a first impression of the financial product and give investors an orientation, e.g. whether a fund is sustainability oriented. These “green” funds in particular have made it on ESMA’s radar, because some of the funds named green are anything but sustainable. ESMA wants to curb this “greenwashing” with strict criteria. more…
Private Client 2023 – Q&A on German law
This country-specific Q&A provides an overview of private client laws and regulations applicable in Germany. It covers common issues in private client laws, including pre-entry tax planning, connection factors, taxation issues on inward investment, succession planning, trusts and foundations, immigration issues and tax treaties.
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Management companies – Obligations to communicate electronically with the BaFin
From April 1, 2023, all management companies will be legally obliged to communicate electronically with the BaFin. The electronic submission channels must be used in relation to several notifiable cases newly specified by law, from April onwards.
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A Question of Residence – On unlimited tax liability despite many years of work-related residence abroad
A taxpayer can have several residences in Germany and abroad at the same time. But which one is relevant for German tax purposes and when? A recent ruling by the Fiscal Court of Baden-Württemberg has made a decision on this. more…
Obligations of fund managers (AIFMs) for the year 2023
In the following, we have compiled the most important ongoing reporting and publication obligations for AIFMs. . more…
European Court of Justice overturns Anti-Money Laundering Directive
The European Court of Justice (ECJ) has declared parts of the Anti-Money Laundering Directive invalid in a ruling issued on November 22, 2022. Specifically, this concerns a provision pursuant to which information on beneficial owners of companies must be accessible to the public in all cases. This measure was intended to prevent money laundering and terrorist financing. more…
SFDR disclosures must be made in new format beginning Jan. 1, 2023
For funds according to Art. 8 and Art. 9 SFDR, new requirements regarding the content and format of sustainability information will apply from 2023 and must be complied with. Corresponding models are already available. more…
Compulsory Share – German Federal Court of Justice specifies requirements for the application of foreign inheritance law
Dealing with potential claims to a compulsory share is regularly a crucial issue in estate planning. This is particularly true in the case of cross-border successions – whether the future testator and the potential claimants of the compulsory share live in different states or the assets are distributed internationally (or both). A recent ruling by the German Federal Court of Justice now provides more legal certainty. more…
BAI study shows high acceptance of alternative asset classes
According to the current BAI Investor Survey, institutional investors already allocate almost a quarter of their assets to alternative investments. While ESG is becoming increasingly important, German fund structures only play a subordinate role. more…
Update on VAT Exemption for Venture Capital Funds
VAT liability yes or no? With a supplement to the German VAT Regulations, the Federal Ministry of Finance presents the eagerly awaited definition of which funds fall under the VAT exemption under the so-called Act to Strengthen Germany as a Fund Jurisdiction. more…
Corporate Governance – Focus on current trends
Learn more about the structure of corporate governance considering the different legal forms of companies in Germany, with a focus on the current trends and developments in this area. more…
Fund Management 2022 – Current legal framework in Germany
Learn more about the regulatory framework in fund management in Germany with a focus on fund authorisation and licensing, fund marketing, the different types of funds as well as the current trends in the industry. . more…