UPDATE FUTURE FINANCING LAW - FOCUS ON STOCK CORPORATION AND CAPITAL MARKET LAW - McDermott Will & Emery

UPDATE FUTURE FINANCING LAW – FOCUS ON STOCK CORPORATION AND CAPITAL MARKET LAW

Overview


With the ambitious goal of strengthening the performance of the German capital market and increasing the attractiveness of Germany as a financial location in the European financial center, the draft bill for a law on the financing of future-proof investments (“draft bill”) was published by the German Federal Ministry of Finance and the German Federal Ministry of Justice on April 12, 2023. The Draft Referendum contained a large number of proposed amendments under corporate, financial market and tax law (see our update Future Financing Act – Focus on Stock Corporation and Capital Market Law).

This was followed on August 17, 2023 by the publication of the draft law on the financing of future-proof investments (Future Financing Act – “ZuFinG-E” and “Government Draft”) by the German government.

In the following, we provide an overview of the key changes under stock corporation law as well as the concretizations and new provisions of the government draft.