Asset Deal

In an asset deal, the buyer acquires individual assets, contracts and liabilities rather than shares in a company. This structure allows a selective takeover of assets and is particularly relevant for smaller companies or in restructuring situations (see Share Deal).

In Germany, the key economic considerations are, in particular, Section 613a of the German Civil Code (BGB) (transfer of employment relationships), the assumption of contracts requiring the consent of third parties, and the tax aspects of the transfer. The choice between a share deal and an asset deal has significant tax and structural implications for both sides.