Best Lawyers for Mergers and Acquisitions Law in Germany

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Lawyer
  • Recognized Since: 2021
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2019
  • Location:
    Berlin, Germany
  • Practice Areas:
    Venture Capital Law Mergers and Acquisitions Law Corporate Law Private Equity Law Media Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
Jan Bauer was awarded  "Lawyer of the Year" in

Jan Bauer

Skadden, Arps, Slate, Meagher & Flom LLP
  • Recognized Since: 2009
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Leveraged Buyouts Mergers and Acquisitions Law Financial Institutions Corporate Law Private Equity Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Munich, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Munich, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2009
  • Location:
    Berlin, Germany
  • Practice Areas:
    Venture Capital Law Media Law Corporate Law Private Equity Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2012
  • Location:
    Hamburg, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Restructuring and Insolvency Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Hamburg, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Munich, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2009
  • Location:
    Munich, Germany
  • Practice Areas:
    Arbitration and Mediation Mergers and Acquisitions Law Trusts and Succession Planning Corporate Law Private Equity Law
Lawyer
  • Recognized Since: 2013
  • Location:
    Hamburg, Germany
  • Practice Areas:
    Banking and Finance Law Mergers and Acquisitions Law Corporate Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Hamburg, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Corporate Law
Lawyer
  • Recognized Since: 2011
  • Location:
    Düsseldorf, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Corporate Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Berlin, Germany
  • Practice Areas:
    Real Estate Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2013
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Corporate Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Munich, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Competition / Antitrust Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Düsseldorf, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Hamburg, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2010
  • Location:
    Hamburg, Germany
  • Practice Areas:
    Corporate Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Munich, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Hamburg, Germany
  • Practice Areas:
    Corporate Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2011
  • Location:
    Munich, Germany
  • Practice Areas:
    Corporate Governance and Compliance Practice Mergers and Acquisitions Law Corporate Law Private Equity Law
Lawyer
  • Recognized Since: 2022
  • Location:
    Hamburg, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2014
  • Location:
    Hamburg, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2014
  • Location:
    Munich, Germany
  • Practice Areas:
    Corporate Law Private Equity Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Hamburg, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Corporate Law
Lawyer
Tobias Geerling was awarded  "Lawyer of the Year" in

Tobias Geerling

Weil, Gotshal & Manges LLP
  • Recognized Since: 2012
  • Location:
    Munich, Germany
  • Practice Areas:
    Corporate Law Mergers and Acquisitions Law Tax Law
Lawyer
  • Recognized Since: 2019
  • Location:
    Düsseldorf, Germany
  • Practice Areas:
    Corporate Law Restructuring and Insolvency Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Munich, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Munich, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Berlin, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Cologne, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2012
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Corporate Law
Lawyer
  • Recognized Since: 2009
  • Location:
    Munich, Germany
  • Practice Areas:
    Venture Capital Law Private Equity Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Munich, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2017
  • Location:
    Berlin, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Real Estate Law Tax Law Corporate Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Stuttgart, Germany
  • Practice Areas:
    Corporate Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Düsseldorf, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Berlin, Germany
  • Practice Areas:
    Corporate Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Stuttgart, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
Holger Hofmeister was awarded  "Lawyer of the Year" in

Holger Hofmeister

Skadden, Arps, Slate, Meagher & Flom LLP
  • Recognized Since: 2020
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Private Equity Law
Lawyer
  • Recognized Since: 2018
  • Location:
    Berlin, Germany
  • Practice Areas:
    Venture Capital Law Mergers and Acquisitions Law Real Estate Law
Lawyer
  • Recognized Since: 2013
  • Location:
    Munich, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Tax Law Private Equity Law
Lawyer
Matthias Horbach was awarded  "Lawyer of the Year" in

Matthias Horbach

Skadden, Arps, Slate, Meagher & Flom LLP
  • Recognized Since: 2010
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Corporate Law Private Equity Law
Lawyer
  • Recognized Since: 2022
  • Location:
    Berlin, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
Stephan Hutter was awarded  "Lawyer of the Year" in

Stephan Hutter

Skadden, Arps, Slate, Meagher & Flom LLP
  • Recognized Since: 2009
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Corporate Law Capital Markets Law Mergers and Acquisitions Law Debt and Equity
Lawyer
  • Recognized Since: 2009
  • Location:
    Munich, Germany
  • Practice Areas:
    Private Equity Law Venture Capital Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2018
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Corporate Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Munich, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Munich, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Corporate Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Cologne, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2016
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Corporate Law Mergers and Acquisitions Law Private Equity Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Hamburg, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Munich, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
Georg-Peter Kränzlin was awarded  "Lawyer of the Year" in

Georg-Peter Kränzlin

Warth & Klein Grant Thornton Rechtsanwaltsgesellschaft mbH
  • Recognized Since: 2013
  • Location:
    Düsseldorf, Germany
  • Practice Areas:
    Corporate Governance and Compliance Practice Arbitration and Mediation Mergers and Acquisitions Law Corporate Law Private Equity Law
Lawyer
  • Recognized Since: 2011
  • Location:
    Stuttgart, Germany
  • Practice Areas:
    Capital Markets Law Mergers and Acquisitions Law Corporate Law
Lawyer
  • Recognized Since: 2019
  • Location:
    Berlin, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Freiburg im Breisgau, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2014
  • Location:
    Munich, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Tax Law Restructuring and Insolvency Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Hamburg, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Hamburg, Germany
  • Practice Areas:
    Corporate Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2009
  • Location:
    Cologne, Germany
  • Practice Areas:
    Restructuring and Insolvency Law Corporate Law Mergers and Acquisitions Law Insurance Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Berlin, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Capital Markets Law Mergers and Acquisitions Law
Lawyer
Bernd R. Mayer was awarded  "Lawyer of the Year" in

Bernd R. Mayer

Skadden, Arps, Slate, Meagher & Flom LLP
  • Recognized Since: 2009
  • Location:
    Munich, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Corporate Law Corporate Governance and Compliance Practice
Lawyer
  • Recognized Since: 2021
  • Location:
    Hamburg, Germany
  • Practice Areas:
    Corporate Law Arbitration and Mediation Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2010
  • Location:
    Munich, Germany
  • Practice Areas:
    Bet-the-Company Litigation Litigation Mergers and Acquisitions Law Arbitration and Mediation Product Liability Litigation International Arbitration
Lawyer
  • Recognized Since: 2018
  • Location:
    Berlin, Germany
  • Practice Areas:
    Corporate Law Venture Capital Law Private Equity Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2018
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Energy Law
Lawyer
  • Recognized Since: 2013
  • Location:
    Munich, Germany
  • Practice Areas:
    Litigation Arbitration and Mediation Corporate Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Corporate Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2014
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Private Equity Law Corporate Law
Lawyer
  • Recognized Since: 2022
  • Location:
    Mannheim, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2009
  • Location:
    Munich, Germany
  • Practice Areas:
    Corporate Law Trusts and Succession Planning Mergers and Acquisitions Law Arbitration and Mediation Tax Law
Lawyer
  • Recognized Since: 2009
  • Location:
    Berlin, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Competition / Antitrust Law Regulatory Practice
Lawyer
  • Recognized Since: 2018
  • Location:
    Munich, Germany
  • Practice Areas:
    Health Care Law Biotechnology Law and Life Sciences Practice Mergers and Acquisitions Law Pharmaceuticals Law
Lawyer
  • Recognized Since: 2017
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Corporate Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Düsseldorf, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2014
  • Location:
    Berlin, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Real Estate Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Munich, Germany
  • Practice Areas:
    Corporate Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Berlin, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Venture Capital Law Corporate Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Cologne, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2013
  • Location:
    Berlin, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Real Estate Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Düsseldorf, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2009
  • Location:
    Munich, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Corporate Law
Lawyer
  • Recognized Since: 2018
  • Location:
    Berlin, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Capital Markets Law Corporate Law
Lawyer
  • Recognized Since: 2009
  • Location:
    Hamburg, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Private Equity Law Venture Capital Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Berlin, Germany
  • Practice Areas:
    Corporate Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2018
  • Location:
    Berlin, Germany
  • Practice Areas:
    Venture Capital Law Corporate Law Private Equity Law Mergers and Acquisitions Law Real Estate Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Stuttgart, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2018
  • Location:
    Berlin, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Munich, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2010
  • Location:
    Munich, Germany Munich, Germany
  • Practice Areas:
    Criminal Defense Mergers and Acquisitions Law Corporate Law Corporate Governance and Compliance Practice
Lawyer
  • Recognized Since: 2018
  • Location:
    Berlin, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Real Estate Law
Lawyer
  • Recognized Since: 2009
  • Location:
    Berlin, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Corporate Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Gütersloh, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Freiburg im Breisgau, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2010
  • Location:
    Munich, Germany
  • Practice Areas:
    Private Equity Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Berlin, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Venture Capital Law
Lawyer
  • Recognized Since: 2014
  • Location:
    Berlin, Germany Düsseldorf, Germany
  • Practice Areas:
    Corporate Law Labor and Employment Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2011
  • Location:
    Munich, Germany
  • Practice Areas:
    Private Equity Law Mergers and Acquisitions Law Venture Capital Law
Lawyer
  • Recognized Since: 2009
  • Location:
    Munich, Germany
  • Practice Areas:
    Corporate Law Private Equity Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2022
  • Location:
    Berlin, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Düsseldorf, Germany
  • Practice Areas:
    Corporate Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2009
  • Location:
    Munich, Germany
  • Practice Areas:
    Private Equity Law Corporate Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2018
  • Location:
    Hamburg, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2009
  • Location:
    Berlin, Germany
  • Practice Areas:
    Corporate Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2009
  • Location:
    Berlin, Germany
  • Practice Areas:
    Competition / Antitrust Law Private Equity Law Regulatory Practice Media Law Technology Law Telecommunications Law Entertainment Law Mergers and Acquisitions Law Corporate Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
Gerhard Wegen was awarded  "Lawyer of the Year" in

Gerhard Wegen

Gleiss Lutz
  • Recognized Since: 2009
  • Location:
    Stuttgart, Germany
  • Practice Areas:
    Arbitration and Mediation Corporate Law International Arbitration Private Equity Law Investment Mergers and Acquisitions Law Trade Law
Lawyer
  • Recognized Since: 2009
  • Location:
    Frankfurt/Main, Germany
  • Practice Areas:
    Information Technology Law Intellectual Property Law Litigation Technology Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2020
  • Location:
    Berlin, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
Andreas Woelfle was awarded  "Lawyer of the Year" in

Andreas Woelfle

Gowling WLG
  • Recognized Since: 2018
  • Location:
    Stuttgart, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Corporate Law
Lawyer
  • Recognized Since: 2021
  • Location:
    Hamburg, Germany
  • Practice Areas:
    Corporate Law Mergers and Acquisitions Law
Lawyer
  • Recognized Since: 2011
  • Location:
    Hamburg, Germany
  • Practice Areas:
    Venture Capital Law Capital Markets Law Corporate Law Private Equity Law Mergers and Acquisitions Law
Lawyer
  • Ones to Watch Since: 2022
  • Location:
    Berlin, Germany
  • Practice Areas:
    Mergers and Acquisitions Law Corporate Law
Lawyer
  • Ones to Watch Since: 2022
  • Location:
    Munich, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Ones to Watch Since: 2022
  • Location:
    Cologne, Germany
  • Practice Areas:
    Mergers and Acquisitions Law
Lawyer
  • Ones to Watch Since: 2022
  • Location:
    Düsseldorf, Germany
  • Practice Areas:
    Mergers and Acquisitions Law

  • Recognized Since: Ones to Watch Since:
  • Location:
  • Practice Areas:

Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.

Practice Area Definition

Mergers and Acquisitions Law Definition

In Germany, Mergers and Acquisitions is an important business area for lawyers. The term principally describes the sale or purchase of companies or part of their shares or assets. Other types of mergers are also possible, for instance by means of capital increase or reorganisation.

In Germany, Mergers and Acquisitions are governed by contract law and corporate law. In addition, different types of transactions are subject to a number of regulatory requirements. Regarding listed stock corporations, the Securities Acquisition and Takeover Act implementing the EU Takeover Directive, the Stock Exchange Act, and the Offering Prospectus Act impose additional requirements. Further, transactions meeting certain thresholds require clearance by the German competition authorities. Moreover, restrictions under the Foreign Trade and Payments Act may also apply.

Many transactions in Mergers and Acquisitions must be notarised by notaries public. This is true for asset deals involving the transfer of real estate, reorganisation procedures under the Transformation Act, and the acquisition of shares in limited liability companies (Gesellschaften mit beschränkter Haftung, “GmbHs”). Notaries public are also responsible for transmitting the updated list of shareholders to the commercial register after a transaction, a necessary prerequisite for acquisition of shareholder status. Given that GmbHs are very common in Germany, notaries public play a significant role in Mergers and Acquisitions.

Lawyers are involved in the entire transaction process. First, they generally assist in drafting a confidentiality agreement and a letter of intent. What follows is a due diligence process by which lawyers analyse whether the acquisition entails any significant legal risks. In the next phase, lawyers are responsible for drafting share or asset purchase agreements, taking into account any risks identified in the due diligence exercise. They also liaise with the notaries public, take part in negotiations, supervise closing and post-closing, and are responsible for other implementation work. Beyond that, lawyers advise board members and management on legal obligations and shareholder relations in connection with the transaction.

Mannheimer Swartling

Mannheimer Swartling logo

In Germany, Mergers and Acquisitions is an important business area for lawyers. The term principally describes the sale or purchase of companies or part of their shares or assets. Other types of mergers are also possible, for instance by means of capital increase or reorganisation.

In Germany, Mergers and Acquisitions are governed by contract law and corporate law. In addition, different types of transactions are subject to a number of regulatory requirements. Regarding listed stock corporations, the Securities Acquisition and Takeover Act implementing the EU Takeover Directive, the Stock Exchange Act, and the Offering Prospectus Act impose additional requirements. Further, transactions meeting certain thresholds require clearance by the German competition authorities. Moreover, restrictions under the Foreign Trade and Payments Act may also apply.

Many transactions in Mergers and Acquisitions must be notarised by notaries public. This is true for asset deals involving the transfer of real estate, reorganisation procedures under the Transformation Act, and the acquisition of shares in limited liability companies (Gesellschaften mit beschränkter Haftung, “GmbHs”). Notaries public are also responsible for transmitting the updated list of shareholders to the commercial register after a transaction, a necessary prerequisite for acquisition of shareholder status. Given that GmbHs are very common in Germany, notaries public play a significant role in Mergers and Acquisitions.

Lawyers are involved in the entire transaction process. First, they generally assist in drafting a confidentiality agreement and a letter of intent. What follows is a due diligence process by which lawyers analyse whether the acquisition entails any significant legal risks. In the next phase, lawyers are responsible for drafting share or asset purchase agreements, taking into account any risks identified in the due diligence exercise. They also liaise with the notaries public, take part in negotiations, supervise closing and post-closing, and are responsible for other implementation work. Beyond that, lawyers advise board members and management on legal obligations and shareholder relations in connection with the transaction.