News & Analysis as of September 18, 2024

Shareholders

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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 -

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

DAMITT 2023 Year in Review: Merger Control Trends in Germany and France

Dechert LLP on 3/29/2024

Since 2020, our antitrust/competition practice has expanded the Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) to include Germany and France. This supplements DAMITT’s U.S. and EU coverage with comprehensive...more

The Informed Board - Winter 2024

Skadden, Arps, Slate, Meagher & Flom LLP on 2/19/2024

The oversight obligations of boards continue to expand. Recent enforcement actions and new laws in areas such as cybersecurity, artificial intelligence and supply chains create new challenges for boards, as we explain in this...more

Shareholder Activism Continues To Increase and Spread in Europe

Skadden, Arps, Slate, Meagher & Flom LLP on 2/15/2024

Key Points - - The number of activist campaigns launched against European companies rose again in 2023, with a new focus on German targets. - Many activists surveyed believe that France offers them good opportunities. -...more

The Financing for the Future Act: Reforms for German ECM transactions

A&O Shearman on 12/22/2023

The Financing for the Future Act came into force on 15 December 2023. The significant reforms to stock corporation and capital market law increase flexibility in German ECM transactions. Overview of the key changes - ...more

Ready for Takeover 2.0?

White & Case LLP on 6/20/2023

The German takeover market is declining and has shown clear signs of having been affected by the current economic and geopolitical environment. The number of takeovers and the total offer volume have both fallen...more

UK and European Restructuring Tools: Choosing the Optimal Forum for Creditor and Shareholder Cramdown

Latham & Watkins LLP on 5/12/2022

Debtors and investors have an enhanced choice of restructuring venues as the EU Restructuring Directive is rolled out in Member States - A number of key European jurisdictions have now implemented the EU Preventive...more

Arbitration over Shareholder Disputes in German Law Companies

Dechert LLP on 3/4/2022

1. Upsides of Arbitration on Shareholder Disputes over Litigation before Civil Courts - Generally, shareholder disputes in German law companies are subject to litigation before ordinary civil courts. If shareholders wish...more

Significant restrictions for share exchange offers under German takeover law

Hogan Lovells on 4/23/2021

Under German takeover law the bidder in a voluntary public takeover is given two options with regard to what the bidder offers the shareholders of the target company as compensation for their shares. ...more

Update: Auswirkungen der COVID-19-Pandemie im Gesellschaftsrecht

McDermott Will & Emery on 1/21/2021

Die Schutzmaßnahmen zur Vermeidung der Ausbreitung der COVID-19-Pandemie, insbesondere die Einschränkungen der Versammlungsmöglichkeiten von Personen, wirken sich nach wie vor auf die Handlungsfähigkeit von Unternehmen...more

Takeover Monitor: Current German Public Tender Offers Under The German Securities Acquisition And Takeover Act

Morgan Lewis on 9/10/2020

Public tender offers under the German Securities Acquisition and Takeover Act: Offers, results and analyses - Following the lapse of the takeover offer to the shareholders of QIAGEN B.V. caused by the failure to meet the...more

Establishing A Business Entity In Germany

International Lawyers Network on 2/26/2019

Anyone can establish a business in Germany - irrespective of citizenship, nationality or place of residence. There is no specific investment legislation for foreign entrepreneurs. Any entrepreneur can make his choice from...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Dechert LLP on 11/9/2018

German Federal Ministry of Justice and Consumer Protection published draft bill implementing the Directive (EU) 2017/828 as regards the encouragement of long-term shareholder engagement (“ARUG II”) - The Directive (EU)...more

New German Money Laundering Act Establishes Additional Transparency Requirements for Certain Listed Companies, European Capital...

Jones Day on 12/7/2017

On 25 June 2017, the new German Money Laundering Act came into force, which primarily implements the 4th European Anti-Money-Laundering Directive (EU 2015/849) into German law. Among others, the Act establishes a new...more

The German Transparency Register is coming: New obligations for legal entities in Germany to disclose beneficial ownership...

Dechert LLP on 8/23/2017

Highlights - - Implementation of a public Transparency Register on beneficial ownership of legal entities. - Notification obligation applies to incorporated companies and certain other legal entities and arrangements;...more

The Growth of Collective Shareholder Actions in Europe

Skadden, Arps, Slate, Meagher & Flom LLP on 7/8/2017

On June 8, 2017, Skadden hosted a webinar titled “The Growth of Collective Shareholder Actions in Europe.” The Skadden panelists were international litigation and arbitration partners David Edwards and Anke Sessler, and...more

Germany Tightens Voting Rights Disclosure - New rules increase complexity of voting right disclosures and impose

K&L Gates LLP on 10/16/2015

On October 1, 2015, the German Parliament adopted the national “Act Implementing the EU Transparency Directive Amending Directive (2013/50/EU)” (the “Act”). The aim of the directive is to harmonize the regime for notification...more

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