Banking and Banking Regulatory Law, Financing

We support you in daily business, design new products in close personal consultation with you and negotiate contracts.

The range of available banking products and financing sources is constantly growing, often stretching across country borders: that is why our pooled expertise is also available to you internationally.

Our network of partner law firms in all important European and US financial centres support us in this regard. In this way, even large transactions can be handled smoothly and in compliance with all applicable legal requirements.

Facing financial challenges with experience and comprehensive advice.

We accept your challenge

A strong team

Our Banking & Finance team is personally available to you as expert partners for all questions relating to banking and finance law as well as financing, offering you full-service advice from a single source.

Our lawyers support you in your daily business, design new products and negotiate contracts. We appraise complex legal questions for you and represent your interests in court and before government agencies. Many credit institutions and financial service providers, as well as issuers and industrial companies, already value our advice.

We have access to a wide network of partner law firms in all important European and US financial centres. These contacts allow us to handle even international transactions smoothly.

Banking and banking regulatory law

Do you need advice about further questions relating to banking and banking regulatory law? Whether this concerns banking law, litigation, restructuring, financial regulation law or the fields of capital investment law. We are here to help you.

Financing

No matter your involvement in financing, whether as a lender, as a borrower, or any other way: we provide you with comprehensive advice about all types of financing.

In the process, we help you find the ideal solution for your company. Adopting a pragmatic and independent approach, we always have your success in mind.

Our advisory specialisations:

Financing

  • Loan agreement, intercreditor and securities documentation both according to German and international standards (such as LMA)
  • Bilateral and syndicated financing
  • Company financing
  • Real estate financing
  • Project and infrastructure financing
  • Acquisition financing
  • Structured financing including CMBS / RMBS transactions
  • Advice for trustees and other service providers regarding credit transactions
  • Asset financing, such as leasing, factoring and asset-based lending
  • Issuing bonds including preparation of prospectuses
  • Promissory notes
  • Internal group financing including cash pooling

General banking law

  • Banking contract law including general terms and conditions
  • FinTech / including start-ups
  • Sale of financial instruments and investment advice
  • Derivative financial instruments of all types
  • Securities, both for exchange-traded and OTC products
  • Electronic banking, data protection, cyber law and cyber liability
  • Money laundering
  • Banking tax law
  • Custody and deposit transactions including investment fund accounts, investment fund asset management portfolios
  • Private banking / asset management
  • Spinning off bank accounts / a banking business

Dispute resolution | Litigation

  • Individual and mass actions such as nationwide assertion of claims for banks and insurance companies
  • Complex large-scale lawsuits
  • Disputes between banks
  • Representation of financial institutions vis-à-vis investors, private investors and professional investors, for instance in connection with payment transactions, financing, securities and investment advice
  • Capital market disputes of all kinds, including disputes in connection with complex financial instruments (derivatives, securities), inaccurate capital market information and prospectus liability

Restructuring of all types of financing

  • Restructuring of all types of credit financing
  • Restructuring of bonds
  • Advice for sub-performing loans ("SPL") and non-performing loans ("NPL")
  • Advice for working out such credit claims (secured / unsecured)
  • Advice regarding the acquisition of (sub-performing / non-performing) credit portfolios
  • Bridge and restructuring loans

Banking regulatory / insurance regulatory

  • Requirements relating to notifications and permissions according to the German Banking Act (KWG) and the German Payment Services Oversight Act (ZAG)
  • Authorisation procedures for credit institutions and financial service providers as well as payment service providers
  • Notification requirements associated with acquisitions and mergers in the financial sector
  • Regulatory requirements for the internal organisation of credit institutions and financial service providers, such as minimum requirements for risk management and compliance (MaRisk, MaComp), outsourcing etc.
  • Regulatory requirements of insurance regulation law (including the German Insurance Supervision Act (VAG))

Corporate governance and compliance

  • Company-specific corporate governance, for instance for private and public banks, savings banks and insurance companies
  • Liability of management bodies including legal representation both on the part of the credit institution and of the management body
  • D&O liability insurance issues
  • Compliance in the financial sector
  • Advice for supervisory boards

Investment law / capital investment law

  • Requirements relating to notifications and permissions according to the AIFM directive, the German Capital Investment Code (KAGB) and the German Capital Investment Act (VermAnlG)
  • Authorisation and registration procedure as a capital management company and as a financial service provider
  • Structuring of investment funds and other asset investments as well as issuers based on tax considerations, regulatory law and corporate law
  • Prospectuses, investor fact sheets, flyers etc. pursuant to KAGB and VermAnlG
  • Investment conditions, articles of association for investment funds, agreements with the custodian etc.
  • Documents and notifications for the sale of investment funds and asset investments
  • Capital investment law for credit institutions and insurance companies

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