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…
Study – PE-backed companies grow faster than average
A recent study by the industry association Invest Europe shows: Companies backed by private equity investors grow more than six times faster than the European average. The PE sector is thus making an important contribution to prosperity in the EU states, especially in view of the recovery after the Corona crisis. . more…
Transactions – German law at a glance
Learn more about the rules applicable in Germany for transaction formalities, debt financing, acquisition and exit, shareholders’ agreements as well as special topics such as cross-border transactions and club and group deals. more…
NFTs – New Hype, New Tax Risks?
Non-fungible tokens (NFTs) are the latest trend on the crypto asset market. But what gets investors excited still leaves many questions unanswered from a tax law perspective. more…
Sweet Equity – No justification for higher taxation
The German Supreme Tax Court (BFH) has again commented positively on the taxation of management participations and clarifies that “sweet equity” does not justify higher taxation, provided the shareholding is acquired at the market price. more…
Drastic Tightening of Exit Tax as of 1 January 2022
At the end of May, the German Bundestag passed the Act to Implement the European Anti-Tax Avoidance Directive (ATADUmsG). The tightening measures contained therein, which apply to all departures from 1 January 2022, may particularly affect medium-sized shareholders such as international entrepreneurial families and family businesses. more…
VC-funded start-ups – UK-study sheds light on socio-economic background of founders
Hardly any women, hardly any ethnic minorities, few socially disadvantaged people – A recent UK-study shows how much the financing success of young companies depends on the socio-economic background of their founders. more…
Fund Formation 2021 – German law at a glance
Learn more about the rules applicable in Germany for setting up private equity funds with a focus on the choice of vehicle, the formation process, regulation, licensing and registration, taxation, including relevant tax treaties, sales restrictions, listing considerations, participation in private equity transactions, and remuneration and profit-sharing issues. . more…
Corporate Tax 2021 – Current developments in German law
Learn more about the key features of the German tax regime, e.g. the taxation of inbound investments, the taxation of non-local corporations, the fight against tax avoidance as well as the tax implications of corona-related state aid. more…
Investment control – 17th FTO amendment brings further expansion of notification requirements
On 27 April 2021, the German Federal Government passed the 17th Ordinance amending the Foreign Trade Ordinance (the 17th FTO Amendment). This is intended to conclude the reforms of Germany’s national investment control legislation that began in the year 2020. In focus: The notification requirements will be extended to 16 additional economic sectors, especially in the high-tech sector. more…
Software License Agreements in the M&A Transaction
Almost every company is dependent on software. If the software has not been created by the company itself, it must be licensed from third parties. The legal basis for this is a so-called software license agreement. In this article, PE-Magazin-author and attorney-at-law Christine Funk deals with the importance of software license agreements in M&A transactions and shows which particularities have to be considered. . more…
Corporate Governance 2021 – Current developments in German Corporate Law
Ongoing reforms and the continuing challenges posed by the Corona pandemic are having an impact on German corporate law. PE Magazin author Dr Eva Nase provides an overview of current developments. more…
Corporate Human Rights Responsibility – Why a strong Supply Chain Act is important
While many companies recognize they have a responsibility to ensure respect for human rights in their global supply chains, there is no law in Germany or the European Union mandating companies to establish such human rights due diligence. This may change soon. more…