Business Breakfast: Investment Clearance Procedure & Pitfalls in the Course of Corporate Acquisitions by Foreign Investors

McDermott Will & Emery
Stadttor 1
40219 Düsseldorf
Germany

This event will be in German.

Investment clearance procedure according to the AWG – Pitfalls in the course of corporate acquisitions by foreign investors.

Recently, the number of cases increase in which the German Federal Ministry of Economic Affairs and Energy (BMWi) critically reviews potential acquisitions of German companies by foreign, often Chinese, investors. How may such restrictions be reconciled with the principles of free foreign trade? The answer is provided by the Foreign Trade and Payments Act (AWG) as amended in 2013 and the Foreign Trade Ordinance (AWV). On that basis the BMWi is authorized to examine and, under specific circumstances, to prohibit corporate acquisitions. Our event intends to inform about the relevant provisions of the AWG and the AWV and illustrates the respective effects for corporate acquisitions involving foreign investors.

AGENDA:

• The term “acquisition” as requirement for the investment clearance procedure according to the AWG
• Distinction of cross-sectoral examinations and sector-specific examinations as well as illustration of both procedures
• US CFIUS procedures and its effects
• Best practice for corporate acquisitions