M&A and Corporate Acquisitions in Germany

We provide consulting services on all issues relating to the cross-border acquisition or sale of companies or parts of companies in Germany. We can provide consulting services in German, French or English.

There are a number of practical differences between French, Belgian and Swiss law on the one hand and German law on the other, which could be important in the context of a cross-border M&A process.

This is why we recommend that you promptly seek German legal advice in Germany to clarify all legal and practical issues.

In addition to legal consulting, our team with intercultural experience will also help you with practical support in the following areas in Germany:

German Legal Services concerning M&A and Corporate Acquisitions

  • Share deals and asset deals under German law
  • Buying out companies experiencing financial difficulties and negotiations with German insolvency administrators
  • Letter of Intent (LOI) in Germany
  • Due diligence (German corporate law, labour law, contract law, tax law)
  • Corporate, contract and labour law consulting services on all aspects of M&A under German law
  • Negotiation with German sellers / buyers and their advisors
  • German share purchase agreements including warranty clauses under German law
  • Coordination with German notaries, notarial appointments in Germany
  • Shareholder agreements / Joint venture agreements under German law
  • Sworn and unsworn translations of German and French documents

Did you know that in Germany…

  • the transfer of shares in a GmbH, a limited liability company under German law, must be notarised?
  • no registration fee is charged for the transfer of company shares or equity shares? However, the purchase of a German GmbH is subject to notary fees, the amount of which depends in part on the purchase price.
  • a shareholders’ agreement between GmbH shareholders must be notarised under German law if it contains a commitment to sell or purchase shares?
  • there is no statutory equivalent to the French concept of the “fonds de commerce”? However, certain assets of a company may be purchased individually under German law. In such cases, the notarisation requirement that applies to the transfer of GmbH shares in Germany is generally not applicable.
  • under German law, landlord and tenant are largely free to negotiate commercial leases? As a result, the wording of German commercial leases of the target company may harbour “surprises” that entail economic consequences for the potential (foreign) buyer.

Our German-French Team for M&A and Corporate Acquisitions in Germany

Rechtsanwalt
Avocat/Rechtsanwältin
Rechtsanwalt
Avocat - Of Counsel