Beste Due-Diligence-Prüfung Anwälte in Regensburg

About Due-Diligence-Prüfung Law in Regensburg, Deutschland

Due-Diligence-Pruefung, or due diligence, is a structured risk assessment conducted before a business transaction such as a merger, acquisition or investment. In Regensburg and throughout Deutschland, this process relies on core German commercial and civil law, including accounting, fiduciary duties and contract law. The aim is to uncover liabilities, contractual commitments, and regulatory risks that could affect value or closing conditions.

In practice, a Regensburg based deal typically involves reviewing financial records, contracts, employment matters, real estate and environmental obligations, and compliance with data protection and anti-money laundering laws. German law requires careful disclosure and accurate representations in purchase agreements, often coupled with warranties, covenants and post-closing adjustments. Lawyers play a key role in structuring the due diligence, negotiating terms, and coordinating with auditors and tax advisors. HGB and AktG set the framework for accounting, disclosures and corporate governance that inform diligence findings.

Recent trends in Regensburg reflect broader German and EU expectations, including stronger data protection and supply chain transparency. For data protection in due diligence, GDPR compliance matters alongside German supervisory oversight by Bavarian authorities. Local firms also increasingly consider ESG and Lieferkettengesetz obligations in Regensburg transactions. See references to primary laws and official resources for details.

Why You May Need a Lawyer

• You are acquiring a Regensburg manufacturer with a complex supplier network. A lawyer helps map intercompany liabilities, contract terms and potential product liability exposure to avoid post closing surprises. This includes reviewing supplier contracts and warranty schemes to align with HGB reporting obligations.

• You are selling a family owned business in Regensburg and want protective representations and warranties. An attorney should draft risk allocation provisions, cap liability, and tailor indemnities to Bavarian and German law requirements. Properly drafted covenants can affect the purchase price and closing conditions.

• You are conducting a cross border deal involving Regensburg based assets. A lawyer coordinates due diligence across jurisdictions, harmonizes conflicting laws, and handles language and tax issues specific to German asset transfers. This minimizes risk of invalid or unenforceable terms.

• Your Regensburg company handles personal data during due diligence. A lawyer ensures GDPR compliance, data processing agreements, and proper data room security. This reduces the risk of data breaches and supervisory penalties by BayLDA.

• You suspect potential environmental or real estate liabilities tied to a property in Regensburg. A solicitor organizes environmental due diligence, checks permits, and coordinates with local authorities to verify compliance with German environmental laws and real estate transfer rules.

• You need to negotiate post closing obligations and post closing integration in a Regensburg deal. A lawyer drafts post transaction covenants, earnouts, and transition services, ensuring enforceability under AktG and German contract law.

Local Laws Overview

The core legal framework for due diligence in Regensburg rests on German and EU law, with several key statutes guiding processes and disclosures. These laws affect how information is collected, reviewed, and represented in deals conducted in Bavaria and beyond.

• Handelsgesetzbuch (HGB) - Commercial Code provides accounting, disclosure, and reporting requirements that inform diligence findings. It governs the accuracy of financial statements and the liability of managers for misstatements in transactions. For the full text see HGB.

• Aktiengesetz (AktG) - Stock Corporation Act governs corporate governance, fiduciary duties, and representations in M&A contexts involving German stock corporations. See AktG.

In addition to these, due diligence often engages anti money laundering and data protection rules. The Geldaufnahmegesetz controls AML risk under the Geldwaeschegesetz (GwG), requiring customer due diligence and risk assessments in financial transactions. See the GwG text for specifics on risk based approaches and reporting obligations.

Data protection is governed by the European GDPR, implemented in Germany with national and Bavarian oversight. For Bavarian supervisory practice, refer to BayLDA.

Germany has also increasingly integrated supply chain due diligence obligations. The Lieferkettengesetz (Lieferkettengesetz - LkSG) requires larger companies to assess and mitigate risk in their supply chains, with applicability to Regensburg based entities meeting thresholds. These regulations shape due diligence scope in practice.

For practical guidance and local context in Regensburg, the IHK Regensburg provides regional resources and compliance aids for businesses navigating these laws.

Frequently Asked Questions

What is the purpose of due-diligence-pruefung in Regensburg?

Due diligence assesses risks, liabilities and value before a transaction. In Regensburg it aligns with HGB and AktG, ensuring accurate disclosures and credible representations in the purchase agreement.

How do I start a due-diligence process for a Regensburg deal?

Define the transaction scope, assemble a data room, and hire a lawyer with M&A expertise. Begin with a kickoff meeting to set milestones and a closing timetable.

When should I engage a lawyer in the due-diligence process?

Engage early, ideally at the letter of intent stage, to shape the scope, identify red flags and draft initial representations and warranties. Early involvement reduces closure risk.

Where can I find a Regensburg lawyer with due-diligence experience?

Consult local sources like IHK Regensburg and seek referrals from trusted business advisors. Ask for prior M&A due-diligence engagements in Bavaria.

Why is data protection important in due-diligence?

Due-diligence involves handling sensitive data from both parties. GDPR compliance and data room security minimize liability and regulatory exposure for all sides.

Can I limit liability through representations and warranties?

Yes, a lawyer can tailor representations and warranties, set caps, carve-outs and basket thresholds to balance risk between buyer and seller under German contract law.

Should I conduct environmental due diligence for Regensburg real estate?

Yes. Property transactions in Regensburg benefit from environmental assessments to identify liabilities and ensure compliance with German environmental regulations.

Do I need to consider Lieferkettengesetz in a Regensburg deal?

If your company meets thresholds under LkSG, you must assess supplier risks and implement due diligence measures in the supply chain as part of the transaction process.

How long does a typical due-diligence review take in Regensburg?

For a mid-sized Regensburg deal, expect 4 to 8 weeks for a thorough review, depending on data room completeness and transaction complexity.

What is the difference between a full and a focused due-diligence?

A full review investigates all business areas; a focused review targets high risk areas like contracts, real estate, or regulatory compliance to expedite closing.

Is budgeting for a due-diligence dependent on deal size?

Yes. Larger deals with complex structures require more hours from auditors, lawyers and tax advisors, increasing costs. Budget 1-3% of deal value as a guide.

What are common costs in a Regensburg due-diligence project?

Costs typically include legal fees, auditor fees, tax advisor fees, and data room expenses. A detailed engagement letter clarifies who pays which costs.

Additional Resources

• IHK Regensburg - Provides regional guidance and resources for business transactions, regulatory compliance, and local market practices. Website: regensburg.ihk.de

• BayLDA - Bavarian data protection authority overseeing GDPR compliance and data handling practices in Bavaria. Website: lda.bayern.de

In addition, primary legal texts available to the public include the German laws hosted on the official site gesetze-im-internet.de, including the Handelsgesetzbuch, Aktiengesetz and the Geldwaeschegesetz. For EU level rules, see the EU General Data Protection Regulation.

Next Steps

1. Define the transaction scope and create a preliminary due-diligence checklist tailored to Regensburg, including local regulatory concerns.
2. Assemble a data room with key documents (financials, contracts, compliance records, real estate, and employment matters) and identify any gaps.
3. Identify potential law firms or solicitors in Regensburg with M&A and due-diligence experience; request client references from IHK Regensburg.
4. Schedule initial consultations to discuss scope, approach, fees, and timelines; obtain a fixed or capped fee proposal when possible.
5. Draft an engagement letter clarifying responsibilities, confidentiality, and data protection obligations aligned with GDPR and BayLDA expectations.
6. Proceed with the due-diligence review, document findings, negotiate representations and warranties, and align closing conditions with the transaction timeline.