The current M&A market in Germany is characterised by a strong seller’s market in many segments, notwithstanding the COVID 19 pandemic, resulting not only in high purchase prices. Sellers are also taking advantage of the positive environment to (contractually) optimise their liability risk in the transaction. The popularity and significance of warranty and indemnity (W&I) insurances in M&A deals have grown in recent years, particularly in the private equity sector. . more…
Alternative Funds 2021 – German law overview
Learn more about the latest legal information on fund structures, tax regimes, double-tax treaties, disclosure/reporting requirements, the legal structures used by fund managers, the rules concerning permanent establishments, the marketing of alternative funds, and FATCA/CRS compliance regimes. more…
Private Wealth and Private Clients – Recent developments in German Law
The German legal and tax system offers a certain flexibility for private wealth and estate planning. If structured appropriately, taxpayers can take advantage of certain relief mechanisms for succession in family businesses. This flexibility has been increased in particular by the entry into force of the EU Inheritance Regulation. PE magazine authors Dr Andreas Richter and Dr Katharina Hemmen explain which legal and tax framework conditions also apply to wealthy private individuals and entrepreneurial families. more…
MUPET 2021 – PE experts meet at the leading industry conference
From 2 to 5 November, private equity professionals from Germany and abroad will meet to exchange views on the latest topics and trends. Learn more about the highlights of the leading industry conference in Germany. more…
Changes in German KAGB bring new audit obligations for registered capital management companies
Due to legal changes, registered (small) capital management companies (AIF-KVGen) are now also obliged to be audited. The auditor must audit the annual financial statements, the management report and compliance with the obligations under the Money Laundering Act – for the first time already for 2021. more…
Corporate Governance – Laws and Regulations in Germany 2021
Learn more about common topics in corporate law and regulation – including management bodies, shareholders and other stakeholders, transparency and reporting, corporate social responsibility, as well as current issues affecting German legislation, such as gender equality and the “Wirecard scandal“. more…
ESG Funds – EU extends Disclosure Requirements
After market participants had to deal intensively with the Sustainable Finance Disclosure Regulation (SFDR) for the first time at the beginning of the year, the topic was mainly relevant in ongoing fundraisings in recent months following the updates of disclosures on websites and in pre-contractual documents, most of which took place by 10 March 2021. From 2022, however, further obligations will apply to all. more…
Private Banking & Wealth Management – German law at a glance
Regulation, foreign exchange control, anti-money laundering – Learn more about the legal provisions in Germany surrounding private banking and wealth management. more…
Reorganisation Tax Act – Global Tax Neutrality of Mergers, Splits & Co. achieved?
The “Act to Modernise Corporate Income Tax Law” (Gesetz zur Modernisierung des Körperschaftsteuerrechts) is intended, among other things, to globalise transformation tax law, i.e. to extend it beyond the EU to certain transformations involving Non-EU/EEA countries. PE magazine author Dr Marco Ottenwälder took a closer look at what this means for practice. more…
Fund Jurisdiction Act – Will Germany become competitive as a fund location with regard to VAT on management fee?
The Fund Jurisdiction Act, which has been in force since 1 July 2021, intends to strengthen Germany’s attractiveness as a fund location. In addition to the tax incentives for employee share ownership, the law fortunately also tackles another issue where Germany as a fund location has been lagging behind for a long time: the value-added tax on management fee. more…
German Fiscal Code – Notification obligations and its effects on foreign shareholdings
Big Data also considered with the German tax administration? DAC 6, CRS & Co. not only increase the extent of tax data to be collected, but also the legal uncertainty about which data must be reported at all. PE Magazine author Dr Marco Ottenwälder provides an overview. more…
Study – European PE funds deliver higher returns than listed equities
A recent study by the industry association Invest Europe shows that private equity funds are robust even in times of crisis and deliver higher returns over the long term than listed equities. more…
Corporate Governance 2021 – Current trends in German law
This article contains a summary of the pertinent aspects of company law and corporate governance practices in Germany. more…
Fund Management 2021 – Recent developments in German law
Learn more about the pertinent aspects of regulatory law concerning fund management, fund managers and those marketing funds in Germany. more…
Fund Sales and Pre-Marketing as from 2 August 2021 – What to prepare for
As from 2 August 2021, new EU-wide uniform rules on pre-marketing will replace the so far inconsistent national approaches. more…