News & Analysis as of September 18, 2024

Cross-Border Transactions

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

The Evolving Global Foreign Direct Investment and National Security Review Landscape - May 2024

Dechert LLP on 5/14/2024

Key Takeaways - - As FDI regimes proliferate and mature around the globe, governments are taking an ever-more expansive view of the concept of “national security” to include more than military and defense interests, which...more

Geplante Digitalisierung Des Gesellschaftsrechts: Die Eu-gesellschaftsbescheinigung

McDermott Will & Emery on 5/13/2024

Im grenzüberschreitenden Rechtsverkehr stoßen Akteure oft auf das Problem, dass nationale Handelsregisterdaten schwer vergleichbar sind. Das Fehlen verlässlicher Registerinformationen in einigen Mitgliedstaaten führt zudem zu...more

[Event] 5th Annual European Forum on Global FDI Reviews - June 11th - 12th, Ixelles, Belgium

American Conference Institute (ACI) on 4/10/2024

Hosted by C5 Group, the 5th Annual European Forum on Global FDI Reviews returns for another exciting year with curated programming that provide sessions on the most pressing issues coming across your desk and strategic...more

Foreign Direct Investment: Key Recent and Future Developments in Europe and the US

BCLP on 3/27/2024

At a time of significant geopolitical challenges, many jurisdictions are looking at their investment screening regimes to ensure that they can adequately safeguard national security and public order. Within this context,...more

Brexit: OLG München verneint Rechts- und Parteifähigkeit einer in Deutschland verwalteten UK Limited

Hogan Lovells on 12/10/2021

"Brexit means Brexit" – so urteilte das OLG München Anfang August dieses Jahres. Das Gericht hatte über die Parteifähigkeit einer Gesellschaft zu entscheiden, die zwar als UK Limited gegründet wurde aber tatsächlich in...more

German Taxation of IP Rights

Morgan Lewis on 2/1/2021

IP rights with a nexus to Germany can create a variety of tax issues under German tax law. These include aspects of German or foreign IP rights generating “German source income,” questions of withholding tax obligations, a...more

DAC6 reporting delay proposed by EU Commission due to COVID-19

White & Case LLP on 5/29/2020

DAC6 summary - Council Directive 2018/822 – known as DAC6 – is the sixth amendment to the EU Directive on Administrative Cooperation 2011/16/EU. DAC6 is aimed at providing the tax authorities with a “warning system” in...more

Industrial policy strikes again: Germany announces further tightening of Foreign Investment Control rules

Hogan Lovells on 2/27/2020

For M&A transactions in Germany and beyond, Foreign Investment Control screenings have become an indispensable standard element to assess when structuring deals and planning for regulatory review. Similarly to merger control,...more

Financial Daily Dose 1.17.2020 | Top Story: Senate Passes USMCA by Wide Margin to Update NAFTA

Robins Kaplan LLP on 1/17/2020

While there’s plenty of other business afoot in D.C. these days, it also happens to have been a pretty big week for trade deals. A day after Phase One with China was inked, the Senate overwhelmingly approved a revised...more

Financial Daily Dose 12.20.2019 | Goldman nearing $2B deal with DOJ to resolve 1MDB scandal claims

Robins Kaplan LLP on 12/20/2019

Goldman Sachs is reportedly in negotiations with federal prosecutors to resolve claims about its role in the Malaysian 1MDB scandal for upwards of $2 billion. A settlement—which “could include a guilty plea from Goldman’s...more

Germany’s Foreign Direct Investment Regime: Further Changes Ahead

Akin Gump Strauss Hauer & Feld LLP on 12/16/2019

On November 29, 2018, the German Minister for Economic Affairs, Peter Altmaier, presented its “National Industry Strategy 2030.” Amongst other things, the strategy paper sets out the key points of the Minister’s plans to...more

Doing Business in Germany: Consumer Sector

Hogan Lovells on 10/22/2019

Germany should not be a blank spot on your company map. Located at the center of Continental Europe, it is the world’s fourth biggest economy and the home of some of the biggest companies in the world. It plays a key role in...more

European Real Estate Finance: Recent developments – June 2019

White & Case LLP on 6/11/2019

As part of our periodic updates, here is an overview of recent developments of relevance to participants in the real estate finance market across certain key jurisdictions in Europe....more

Brexit preparedness for financial services: the German response

White & Case LLP on 2/11/2019

The House of Commons recently rejected the Withdrawal Agreement. While the UK Parliament is still debating how to leave the EU, a hard Brexit remains an option. To prepare for this possibility, the UK, EU Commission and EU27...more

Cross-border tech M&A in a disrupted world: Challenges remain: Geopolitics and regulations can be decisive

White & Case LLP on 1/21/2019

Despite the opportunities available in the market, the changing face of global politics is exerting an increasing influence over deals. Almost half of respondents (47 percent) point to trade wars and rising protectionism as...more

Cross-border tech M&A in a disrupted world: Tech deals defy changing times

White & Case LLP on 1/18/2019

The appetite for cross-border M&A shows no signs of abating. Despite rising valuations, growing regulatory scrutiny, interest rate hikes and the specter of protectionism, 62 percent of respondents are planning a cross- border...more

Game Changer for Cryptocurrency in Germany? Court Holds No License Required to Trade Bitcoins

Jones Day on 11/1/2018

The Court Decision: On September 25, 2018, the Higher Regional Court of Berlin held that bitcoins would not qualify as financial instruments for the purposes of the German Banking Act (Kreditwesengesetz, "KWG"), thus...more

IFLR Cross-border Financing Report 2018 - Germany

Latham & Watkins LLP on 10/18/2018

In the German market, market participants use cross border financing for a variety of different purposes, including acquisitions, refinancings and leveraged buyouts (LBOs). LBOs are usually financed by way of senior debt...more

Foreign Investment Control: Trade Protectionism or Reasonable Control Over a Nation’s Industries?

A&O Shearman on 4/12/2018

In China, where foreign investments used to be subject to a case-by-case evaluation, the screening process for acquisitions of local businesses by foreign investors is being simplified and becoming more industry-focused. This...more

Cross-Border Investigations Update - November 2017

Skadden, Arps, Slate, Meagher & Flom LLP on 12/2/2017

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including new U.K. reporting obligations for sanctions violations,...more

EU & Competition Law Update – July 2017

BCLP on 7/13/2017

On 14 June 2017, the EU Commission announced that it was opening an investigation into Sanrio, owner of the Hello Kitty brand. Sanrio have been accused by the Commission of an infringement of Article 101 TFEU, the prohibition...more

"Regional Focus: Europe"

Skadden, Arps, Slate, Meagher & Flom LLP on 2/1/2017

Skadden attorneys James A. McDonald, Elizabeth Robertson and Robert W. Stirling in London; Pascal Bine and Olivier Diaz in Paris; and Matthias Horbach and Stephan Hutter in Frankfurt provide insights on the developments...more

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