Pledges on shares and stocks are common as securities for loans. New are the attempts by pledgees to sell pledges in public auctions. The questions regarding the requirements for such public auctions have not been answered either by Ge rman court decisions or literature. This fact helps the...

The global distressed debt market has been established for some years now, however within this investment universe German Distressed Debt is generally considered as underdeveloped. The aim of this paper is to highlight why Investments are transacted and the framework of processes involved within...

The legal environment for Securities Prospectuses in Germany has changed dramatically with the implementation of the German Securities Prospectus Act (Wertpapierprospektgesetz - WpPG) and the Commission Regulation (EC) No. 809/2004 of 29 April 2004 (Prospectus Regulation) regulating their...

The working report looks at the actual situation of the German broadband cable market in the context of merger control and sector specific regulation. A crucial problem in dealing with the cable market whether in antitrust cases or in the regulatory context is the precise assessment of the...

The report deals with the current questions relating to the work-out, outsourcing and servicing of non-performing-loans. After a brief market description the paper addresses the specific problems, which arise when servicing real estate and corporate loans. Within these framework issues, which...

The work report first describes the current developments on the German market for nonperforming loans, which after its peak in spring 2007 is now also affected by the financial crisis. The sale of small and medium-size portfolios is described within the scope of a case study. Furthermore, the...

Private equity has seen an impressive activity surge in Germany over the last ten years. This working paper meets the increasing thirst for information on the German buyout market with an overview of its historic development, a quantitative analysis of its performance and a future outlook. While...

This report analyses the possibility to outflank disclosure obligations under the German Securities Trading Act as well as the German Takeover Act by using derivative instruments in the context of the attack of Schaeffler KG on Continental AG. Irrespective of a limited knowledge of the complete...

This article analyses the recent Leica judgement of the Higher Regional Court Frankfurt/Main and its consequences. In this judgement, the court has established an infringement of special formal requirements with respect to Leica´s invitation to the Annual General Meeting which, if correct,...

Despite the common view that there is inherently a relationship of confliction, it is now impossible to imagine the financing of family-owned enterprises in Germany without the alternative method of Private Equity financing. Based on a survey on Private Equity in family owned companies...