Banking and capital market law comprises a large variety of fields of law, including banking law, regulatory law, capital market law, as well as the capital investment and leasing regulation. Accordingly, our attorneys are specialized in different fields and looking forward to working for you in the following areas:
In the area of banking law, we support you with any questions related to the loan financing and ways of furnishing securities. In this context, the provision of advice, information and the documentation has gained increasing significance in recent years, in particular in connection with consumer credit agreements related to residential property credits. We are here to review for you whether the design of the banking contracts fulfils the legal stipulations and your individual requirements.
Asset managers are also subject to extensive counseling and documentation duties. They are obligated to focus their activities exclusively on the interests of the clients. If you feel that your stakes were not properly considered in connection with the administration of your assets: talk to us.
The regulatory law is applicable to banks, financial service providers, insurance companies and other institutes, and it is subject to constant amendments because of changes to the law as well as new guidelines (e.g. MARisk [minimum requirements for risk management], MAComp [minimum requirements for the compliance function], MiFID [Guidelines on remuneration policies and practices] II, BASEL accord, Residential Property Credit Guideline). They affect the securities law, investment transactions, e.g. issuing and selling shares in open- and closed-end funds, the securities prospectus requirements, the grey market but also payment services and classical credit agreements.
As a result of the continuous changes, the institutes are required to constantly adapt their organization and administration to the new rules. Compliance departments are regularly faced with new challenges. Particular attention is paid to the prevention of insider trading, market manipulation, money laundering and financing of terrorism as well as the stability and safety of the financial market.
If you are a foreign financial institution or a financial service provider planning to expand your activities to the German market or to establish a new financial institution or financial service provider company, you will need to apply for the necessary license from the Federal Financial Supervisory Authority [Bundesanstalt für Finanzdienstleistungsaufsicht - BaFin] and fulfil the regulatory requirements. The requirements set forth in the Payment Services Oversight Act [Zahlungsdiensteaufsichtsgesetz - ZAG], the Act Establishing the Federal Financial Supervisory Authority [Finanzdienstleistungsaufsichtsgesetz - FinDAG], the Anti-Money Laundering Law [Geldwäschegesetz - GwG] and the Banking Act [Kreditwesengesetz - KWG]) are particularly strict for providers of payment services and for the financial transfer business. If you have any questions about the requirements and the procedure, the team of attorneys at LSV is pleased to help.
Capital market transactions
Our attorneys provide guidance and support especially with the conduct of privately placed capital market transactions. We compile the drafts and oversee the transactions associated with increases in share capital, bonded loans, bond issuances, as well as conversion and option privileges. Talk to us!
Capital investments law
Given the low interest rates, banks, investment advisors and brokers are offering customers a variety of investment products. The market is flooded with new, in part untransparent financial products. But many of these capital investments later turn out to be unexpectedly risky. An attorney should be consulted not later than when the promised returns fail to materialize and losses may occur. Our main focus of the consultation is on whether information and counseling was provided, possible claims arising from the securities prospectus liability and the documentation and assessment of risks. If you have any questions about this, we are at your service.
And of course we will represent your interests before the court if the prospects for success are favorable.
The umbrella term leasing comprises a variety of different contract models. Special attention should be paid to the contract term, the cost structure and the obligations at the time the contract expires. Many of the provisions of the contract are hidden in the extensive find print. It is our pleasure to review on your behalf whether the contract design accommodates your intentions. We can represent you in the event of disputes regarding the terms of the contract.