We acted as Greek legal advisors with regards to the implementation in Greece of the holding structure described below. Our role was to provide advice on all issues relating to the below-described transfer/contribution and assist in the drafting of the respective transaction documents.
The framework of the Corporate Restructuring of DAT Group of Companies consisted of the transfer/contribution to the German – newly established – holding company “DAT Holding GmbH”, as 100% subsidiary of “Deutsche Automobil Treuhand GmbH”, of the shares, which the latter held in its foreign (non-German) direct subsidiaries for the formation of the initial share capital of “DAT Holding GmbH”, which would be formed by contribution of cash and additionally by contribution of shares. In Greece, 99% of the shares, which were held by “Deutsche Automobil Treuhand GmbH” in the Greek limited liability company “DAT HELLAS SINGLE PARTNER LIMITED LIABILITY COMPANY”, were transferred/contributed to “DAT Holding Gmbh”. No purchase price was paid for said transfer, since “Deutsche Automobil Treuhand GmbH” was granted shares in “DAT Holding GmbH” instead (share for share transaction).
The deal was innovative because of its multijurisdictional nature requiring the concurrent implementation of the share transfers in multiple jurisdictions by accommodating simultaneously different law requirements applicable to each of the jurisdictions involved for the above-described new holding structure. The jurisdictions involved in this restructuring were Germany, France, Italy, the Netherlands, Austria, Poland, Russia, Spain, Czech Republic and Turkey.