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From Niche to Standard? M&A Transactions Under Scrutiny by the German Foreign Direct Investment Regime | WilmerHale - Vimarsana News

From Niche to Standard? M&A Transactions Under Scrutiny by the German Foreign Direct Investment Regime | WilmerHale

To embed, copy and paste the code into your website or blog: The German federal government recently passed the 17th amendment to the Foreign Trade and Payments Ordinance ( Außenwirtschaftsverordnung—AWV), which considerably expands the scope of foreign direct investment (FDI) screening in Germany. The new AWV rules apply to all transactions signed after May 1, 2021. This follows a general trend in the European Union (EU)—driven by the framework of the EU FDI Screening Regulation 2019/452—and in many other countries toward tightening screening and review of foreign investment. The expa...

MORE, MORE, MORE! German government plans another far-reaching expansion of foreign investment control | Hogan Lovells - Vimarsana News

MORE, MORE, MORE! German government plans another far-reaching expansion of foreign investment control | Hogan Lovells

(only available in German). For M&A transactions involving German target companies directly or indirectly via the acquisition of a foreign group, the draft contains some good and bad news: Future deals will be made more difficult by the fact that the catalogue of companies whose acquisition is subject to notification will be significantly expanded once again. Moreover, in addition to the acquisition of voting rights, the acquisition of control and management rights can now, for the first time, also trigger a notification or an ex officio review. Furthermore, the draft confirms that share...