The Company as Perpetrator - Compliance and M&A under the Planned Corporate Criminal Sanctions Code

Revista de Direito Comercial, 2019

40 Pages Posted: 11 Dec 2019

See all articles by Hermann Knott

Hermann Knott

Andersen Tax & Legal

Roman Zagrosek

Heinz & Zagrosek Partnerschaft von Rechtsanwälten mbB

Date Written: November 19, 2019

Abstract

Germany law does not yet provide for a corporate criminal liability in general. For anti-trust law, similar corporate criminal provisions compared to those now planned in general do already exist. The level of fines will be much higher than in the past (up to 10% of worldwide group revenues) and violations must be prosecuted, there is no more discretion. The new law shall also provide for successor liability which in M&A transactions may cause the Buyer to be responsible in addition to the Target and the Seller. Indemnities and remedies against future losses as well as careful structuring of transactions is required.

Keywords: Corporate and Business Transactions

Suggested Citation

Knott, Hermann and Zagrosek, Roman, The Company as Perpetrator - Compliance and M&A under the Planned Corporate Criminal Sanctions Code (November 19, 2019). Revista de Direito Comercial, 2019. Available at SSRN: https://ssrn.com/abstract=3496803

Hermann Knott (Contact Author)

Andersen Tax & Legal ( email )

Gustav-Heinemann-Ufer 74
Köln, 50968
Germany

HOME PAGE: http://www.andersentaxlegal.de

Roman Zagrosek

Heinz & Zagrosek Partnerschaft von Rechtsanwälten mbB ( email )

Spichernstraße 36
Köln, 50672
Germany

HOME PAGE: http://www.hz-partner.com

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