Deals into Germany.

What a buyer plans for in Germany

• Above 100 employees, the economic committee is told of the change of control, the buyer and its intentions. Works Constitution Act (BetrVG), section 106
• In an asset or business transfer, staff move to the buyer on existing terms and dismissal for the transfer is invalid. Each may object within one month of being informed. Civil Code (BGB), section 613a
• Where combined worldwide turnover exceeds EUR 500 million and one party has over EUR 50 million and another over EUR 17.5 million in Germany, the deal may not complete before Bundeskartellamt clearance. Act against Restraints of Competition (GWB), sections 35, 39 and 41
• Non-EU buyers reaching 25% of a German company's votes can be screened; in 27 listed sensitive activities, 10% or 20% is notified and the deal waits for clearance. Foreign Trade and Payments Ordinance (AWV), sections 55, 55a and 56, with Foreign Trade and Payments Act (AWG), section 15
• An employer with staff in German social insurance obtains a company number (Betriebsnummer) for each establishment; an employer without a seat in Germany also appoints a representative based there. Social Code Book IV (SGB IV), sections 18i and 28f(1b)
• Where the deal needs EU merger clearance, the buyer may not implement it before clearance. EU Merger Regulation (Council Regulation (EC) No 139/2004), article 7