Strategic Investments in Germany: A Guide to Government Support and Successful Expansion.

By Armin Snyder and Huebner.Robert

Explore the dynamic world of strategic investments in Germany with our comprehensive eBook. Discover invaluable insights into navigating government support systems and achieving successful expansion overseas. From investment opportunities to market entry strategies, this guide provides essential resources for businesses looking to thrive in the German market. Whether you're a seasoned investor or new to international expansion, unlock the keys to growth and prosperity with our expertly crafted advice.

• Language: English
• Publisher: Armin Snyder
• Release date: Apr 21, 2024
• ISBN: 9798224645060

Book preview

by Khojeh Galdikhani, Robert Huebner, Armin Snyder.

Chapter.1 Introduction.

Introduction:

Purchasing and transferring companies from Germany to the USA requires careful planning and comprehensive legal compliance. This guide serves as a professional reference for companies wanting to undertake this complex process.

1. Due Diligence:

Conduct thorough due diligence to identify potential legal risks and compliance requirements.

Reviewing contracts, business documentation, legal obligations, employment relationships, intellectual property and other relevant aspects.

2. Contractual agreements:

Drawing up a comprehensive purchase agreement that clearly sets out all the conditions of the company purchase and transfer.

Consideration of all legal requirements regarding corporate law, tax law, labor law and mergers & acquisitions in both Germany and the USA.

3. Approvals and consents:

Obtaining all necessary approvals and approvals from government authorities, including shareholder approval and approval from the Federal Cartel Office in Germany.

Compliance with the regulations of the US Federal Trade Commission (FTC) or the Committee on Foreign Investment in the United States (CFIUS).

4. Taxes and Immigration:

Comprehensive review of the tax implications of company acquisition and transfer, including income tax, sales tax, trade tax and transaction taxes in Germany and the USA.

Compliance with immigration regulations, especially when employees are transferred to the USA.

5. Labor law aspects:

Transfer of employees and compliance with labor laws in both Germany and the USA, taking into account dismissal protection provisions, co-determination rights of employees and adjustments to employment contracts.

6. Integration and cultural adaptation:

Successful integration of the acquired company into the buyer's corporate culture and business practices.

Sensitive approach to cultural differences and implementation of appropriate integration strategies.

Conclusion:

Careful attention to these compliance measures is critical to minimizing potential legal risks and achieving a successful business acquisition and onward transfer to the USA. Working with professionals with experience in cross-border transactions is strongly recommended to ensure all legal requirements are properly met.

––––––––

When purchasing a business in Germany and transferring it to the USA, there are a variety of laws and regulations to consider to ensure a smooth transaction. Here are some of the key laws and regulations to consider:

Germany:

Corporate law: German corporate law regulates the formation, structure and dissolution of companies, including the GmbH Act (GmbHG) for limited liability companies and the Stock Corporation Act (AktG) for stock corporations.

Labor law: Labor law regulates the relationship between employers and employees, including employment contracts, dismissal protection provisions and collective agreements.

Tax law: German tax law includes income tax, sales tax, trade tax and other taxes that may be relevant for company purchases and transactions.

Antitrust law: German antitrust law, in particular the Act against Restraints of Competition (GWB), regulates mergers and acquisitions and ensures that no undue market dominance arises.

Data protection law: The General Data Protection Regulation (GDPR) regulates the handling of personal data and can be relevant for company acquisitions, especially if personal data is transferred.

UNITED STATES:

Corporate Law: U.S. corporate law includes federal and state laws that govern the formation, structure, and dissolution of corporations, including laws