In Search of Balance - Why Germany is Struggling to Protect Whistleblowers

On February 10, 2023, there was a bang: The Bundesrat rejected the whistleblower protection law passed by the Bundestag. Although the law, which implements an EU directive, has been discussed for years, it failed due to the veto of the...

Whistleblower draft goes in the right direction (in German)

The Federal Ministry of Justice has presented a draft bill on whistleblower protection. The legislative process in Germany should now be completed quickly so that companies based in Germany can promptly introduce a uniform whistleblower...

The extensive catalogue of duties of listed companies (in German)

Under capital market law, companies must fulfil comprehensive transparency and compliance obligations. In doing so, they must also keep an eye on current regulatory developments, such as the planned EU Listing Act. Our Capital Markets...

For a more nuanced anti-money laundering

The new EU anti-money laundering framework has some positive improvements. At the same time, we call for a more differentiated approach. The risk of money laundering varies greatly between business sectors. For this reason, the...

No ban on bearer shares!

The anti-money laundering organisation Financial Action Task Force proposes in its consultation to regulate the issuance of bearer shares more strongly. In our response, we reject stronger controls on these special securities without a...

Targeted and proportionate compliance regulatory framework needed to strengthen business competitiveness (in German)

Many legislative proposals and regulations in the area of corporate compliance overshoot the mark. They are impractical and have a detrimental effect on the competitiveness of companies. This has to be changed.

Der Wirecard-Skandal hat...

Going Public: Targeted and proportionate compliance legal framework to strengthen corporate competitiveness (in German)

Many legislative proposals and regulations in the area of corporate compliance overshoot the mark. They are impractical and have a detrimental effect on the competitiveness of companies, criticises Jan Bremer. With a view to the federal...

No ban on the issue of bearer shares!

In its consultation, the anti-money laundering organisation Financial Action Task Force proposes to heavily regulate the issuance of bearer shares. In our response, we reject the proposed ban and general restrictions on the issuance of...

Anti Money laundering: interconnection of public registers crucial (in German)

In our statement on the Transparency Financial Information Act Money Laundering (TraFinG Gw), we see a need for improvements to the proposals introduced by the Federal Government to convert the transparency register to a full register.

Money Laundering Directive: Reducing additional legal uncertainty and unnecessary bureaucracy (in German)

In their statement on the government draft for the implementation of the 5th EU Money Laundering Directive, Deutsche Aktieninstitut and the Federation of German Industries (BDI) demand to avoid additional legal uncertainty and...

Ensuring practical and effective anti-money laundering prevention (in German)

Commenting on the proposal for a law implementing the 5th EU Money Laundering Directive, Deutsches Aktieninstitut and Bundesverband der Deutschen Industrie ask to avoid higher legal uncertainty and bureaucracy for industrial companies....

The EU Market Abuse Regulation after Two Years: Survey Signals Need to Action (in German)

Listed companies observe increasing bureaucratic burden as well as decreasing legal certainty from the EU Market Abuse Regulation. In particular, regarding the obligation to publish inside information companies call for guidance. This...

Less Legal Certainty and More Bureaucracy – The European Market Abuse Regulation in the Practical Test (in German)

Companies are pleading for more precise legal provisions on ad-hoc publicity and less red tape regarding insider lists and managers´ transactions. This shows the survey “Two Years of EU Market Abuse Regulation”, which has been published...

Comments regarding the implementation of the EU Anti-Money Laundering Directives in Germany (in German)

In a letter to BMF, Deutsches Aktieninstitut identifies issues, which should be considered in the upcoming national implementation of the 5th EU Anti-Money Laundering Directive. Industrial holdings should be excluded from the obliged...

The New Deal for Consumers: An Open Door to Abusive Litigation

French, German and Italian companies fear that the European Commission’s proposal on collective redress will end up in abusive litigation. Combining a high level of consumer protection with the proper functioning of the internal market...