Find Lawyers in Munich, Germany for Mergers and Acquisitions Law
Practice Area Overview
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.
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Dr Matthias Bruse is a founding partner of POELLATH (formerly P+P Pöllath + Partners). He has practiced corporate law since 1984 and has decades of expertise in transactions with a focus on private equity investments and family-owned businesses. In addition, he is also highly regarded for his corporate law advice, often with regard to succession issues. Matthias is also active as arbitrator, in particular with respect to post-M&A disputes. He is frequently ranked as one of the preemi...
Tobias Geerling is a partner at Weil, Gotshal & Manges Munich office. His practice focuses on transactional work, advising in particular on tax, cross-border private equity and M&A transactions as well as on international corporate partnership real estate, insolvency and exempt organization tax issues. He has extensive experience handling tax-efficient structuring of M&A transactions, corporate re-organizations, fund structuring and tax-driven derivatives. His experience expands i...
Dr Axel Goetz is Partner at BEITEN BURKHARDT's Munich office and a head of the Litigation & Dispute Resolution practice group. He focuses on mergers & acquisitions, private equity transactions and corporate law, as well as restructuring and representation in special corporate disputes. His clients include companies in the technology sector as well as the machinery and automobile industry, recapitalisation specialists and other private equity investors.
Otto Haberstock is a partner at POELLATH in Munich. Otto is a proven expert in legal and tax advice for investors, entrepreneurs, corporates, founders and management teams in M&A, private equity, venture capital and capital market transactions. With more than 20 years of experience, he is one of the leading advisors in the market for complex M&A, private equity and venture capital projects and thus continuously ranked among the top experts in his areas of expertise. He graduated from ...
Dr. Michael Hils is Partner at BEITEN BURKHARDT's Munich office and member of the Tax practice group. His area of activities comprises transaction tax law in cases of national and international mergers and company acquisitions, international tax law as well as tax advice on succession planning. Here he advises both family businesses and private clients. He further provides advice on tax disputes and conducts trials before tax courts.
Dr Benedikt Hohaus is a partner at POELLATH in Munich. Benedikt works in the areas of private equity, tax law and corporate law. Within these specialist areas, he focuses on advising private equity funds and managers on all legal and tax aspects of management investments, incentives for managers and employees and management buy-out / management buy-in. Domestic and international ranking publications, including JUVE, Chambers, The Legal500 and IFLR, regularly distinguish him as one of the lead...
Dr Michael Inhester is a partner and a member of the management board at POELLATH in Munich. Michael advises national and international companies from various industries on corporate and tax law. He is known for his pragmatic and solution-oriented approach as a transactional lawyer with many years of cross-industry practical experience in areas such as M&A, restructuring, private equity and venture capital. His client base includes corporate and VC/PE companies. Thanks to his more than 20...
Tobias Jäger is a partner at POELLATH in Munich. At POELLATH, Tobias became an expert on classic M&A/private equity and venture capital transactions and has continuously expanded his practice in the restructuring and reorganization of companies. Today, he heads the firm‘s restructuring and bankruptcy practice. He finds reliable solutions on a legally substantiated basis for special situations, joint ventures and distressed transactions and has extensive experience in corporate,...
Dr. Tim Kaufhold is a partner in M&A and private equity at POELLATH in Munich. He primarily advises private equity investors on M&A transactions and corporate law as well as management teams within the context of private equity transactions. Tim has been listed several times in relevant rankings for his expertise in the M&A and private equity sector. Clients appreciate his comprehensive economic understanding, as well as his pragmatic approach to finding solutions.
Moritz Kopp is Partner at BEITEN BURKHARDT’s Munich office and member of the Corporate / M&A practice group. His area of activity comprises advising clients on M&A-transactions, reorganisation, commercial law matters as well as related litigation, arbitration and mediation. He particularly advises his national and international clients on issues relating to limited liability companies and joint-stock companies, general contract law and private international law.
CV Since 2011 shareholder and managing director at LW TAX Lemaitre Wittkowski GmbH, Munich 2005-2010 equity partner at RP Richter, Munich, merged now with BakerTilly, head of international tax, M&A tax 2002-2004 senior associate at P+P Pöllath + Partners, Munich 1998-2002 associate at Peters Schönberger, Munich 1998 University of Cologne (MBA, taxation, audit, tax law)
Frank Meckes is both a German lawyer and a graduate in business administration. He has extensive experience in litigation and arbitration. He advises local and international clients in complex commercial disputes, particularly in post-M&A disputes, capital markets disputes, cartel damages disputes, manager liability disputes and disputes in the energy sector. He acts for parties and also sits as an arbitrator in both domestic and international arbitration under the auspices of institution...
Professor Dr Reinhard Pöllath is a founding partner of POELLATH (former P+P Pöllath + Partners). Reinhard advises private and institutional owners in corporate, asset and family matters, also as chairman and member of fully codetermined or other supervisory boards and committees, foundations in all legal forms, trusts, funds, as executor, guardian, in arbitration and mediation proceedings and in hundreds of transactions. Since 1980, he has worked for private equity and family office...
Dr Jack Schiffer is Of Counsel at BEITEN BURKHARDT's Munich office and member of the Corporate / M&A practice group. His area of activity comprises mergers & acquisitions, company, transformation and group law, management of annual general meetings, as well as private equity and alternative investments. He particularly advises his national and international clients on cross-border transactions, company law restructurings and corporate litigation. Focus industries are automotive supply...
Dr Frank Thiäner is a partner at POELLATH in Munich. Frank advises shareholders, investors and companies on M&A transactions. His focus is on private equity, family-owned enterprises and cross-border transactions. He also advises on venture capital transactions and succession planning. His clients include well-known German and international private equity funds, owners of medium-sized companies and private investors. He is one of the founders of the Munich M&A Forum e.V., served ...
Philipp von Braunschweig is a partner at POELLATH in Munich. For over 25 years, he acts as a trusted advisor to well-known entrepreneurial families, management teams and, in particular, private equity funds on transactional M&A, venture capital with a focus on leveraged buy-outs and private equity, including management equity programs. He is consistently ranked among the leading lawyers for his private equity and M&A practice. Philipp is a member of the German-American Lawyers' Associ...
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