Foreign Direct Investments

Due to massively expanding regulatory examples and the limitation of the possibility to apply for certificates of non-objection, investment controls will further complicate M&A transactions in the future.

On 17/04/2024, the second act amending the DWD act and amending German commercial law provisions (“Zweite Gesetz zur Änderung des DWD-Gesetzes sowie zur Änderung handelsrechtlicher Vorschriften”) became effective. This act has raised the thresholds “balance sheet total” and “revenues” for determining company size classes in the German Commercial Code (“HGB”). This increase leads to a reduction in reporting requirements, and in some cases to an exemption from the statutory audit obligation, in particular for companies (corporations) which are now classified in a smaller size class as a result of the reclassification.

Deloitte Legal offers competent advice throughout every stage of a transaction - from its negotiation and structuring to its execution.

Deloitte Legal Germany advises to comply with corporate governance rules and guidelines and merger control regulations.