Mergers & Acquisitions in Germany

The number of transactions in Germany is steadily increasing. Strategic investors and investment companies are acquiring businesses and holdings for their portfolios, while investors from China, India and the USA are seeking entrance to the German market through the acquisition of Mittelstand enterprises. The high prices are however curbing a number of transactions. The following articles show how investors can determine the fair transaction price and the correct business valuation from a legal, tax and strategic standpoint.

Coming to stay – special aspects of acquisitions by Chinese investors

More and more companies from Asia, mainly China, are flocking to Germany. What are the aspects German enterprises should pay special attention to when Chinese investors come to buy their business? More »

Buying a company out of insolvency as opportunity

Buying a company out of insolvency can be a quick and cost-effective alternative for medium-sized companies. The 2012 reform of insolvency law (German Act on further easing of capital restructuring of companies – ESUG) laid the groundwork for better perspectives and more freedom of manoeuvre. More »

Legal pitfalls in buying a distressed company part I – the perfect timing for a takeover

If a company is in distress, this is a welcome opportunity for investors or competitors with strong liquidity to acquire the business of or shares in such a company. Buying a company out of insolvency holds dangerous pitfalls, though, that need to be avoided. More »

Legal pitfalls in buying a distressed company part II – the role of the insolvency practitioner

If a buyer takes over a company out of insolvency, the insolvency practitioner is the buyer's main negotiating partner. Furthermore, the interests of the creditors' committee must be considered. More »

Business acquisition – transfer of undertakings

When acquiring a business, the transferee is almost always confronted with the question whether to take over the company's staff or only a part thereof. In terms of labour law, the transaction is fraught with serious pitfalls. Careful planning of the transfer of business may be decisive for the success of the transaction. More »

Financial Due Diligence at family-owned businesses – aspects under special scrutiny of financial investors

The segment of small and medium-sized enterprises, most of which are family-owned businesses, increasingly attracts financial investors. For the family-owned businesses that have become the object of sale, the sales process poses new challenges that not only open up opportunities but also entail risks. More »

Strategies to avoid disputes arising after transactions

After due diligence, negotiating and signing of the purchase contract and closing, one could think that the M&A transaction is completed. However, more and more often this hope proves to be vain because the number of disputes that follow M&A transactions is increasing. More »