„Risk Comes from Not Knowing What You’re Doing“
They need to optimize business processes and products in order to differentiate themselves from their competitors, while at the same time complying with current and future regulatory and statutory requirements. This is particularly true if they wish to operate in the German financial market.
We advise clients such as banks, asset managers, funds, insurance companies, family offices and initiators of investments, and help them find the ideal structure above all for the German market.
Our core competencies include:
Our expertise in investment law comprises investment-specific and fiscal advising during the planning, setting-up, management and selling of investment assets in accordance with the German Investment Code (KAGB), the representation of investment management companies in the licensing or registration procedure with the German Federal Financial Supervisory Authority (BaFin) as well as the legal checking of special questions related to the requirements of the KAGB.
We also advise concerning the structuring and documentation of fund products as well as on questions of prospectus and prospectus-liability law, securities and securities-custody law.
Against the background of the continuous technological change in the finance industry, one focal point of our advising is the field of finance technology (FinTech). FinTech covers a broad spectrum of innovative, technology-based financial services, for example electronic currencies such as crypto currencies, crypto exchange, crypto brokerage, crowd funding, digital payment systems, blockchain technology and much more.
Our service comprises above all auditing compliance with the regulatory framework conditions by new business models, representing our clients in regulatory approval procedures with BaFin and other supervisory authorities, legal advising concerning formations, the holding of financing rounds via ICO/TGE (Initial Coin Offering/Token Generating Event) as well as advising in connection with the fulfilment of obligations in the field of money-laundering law. In addition, we support our clients on data protection issues as well as in the field of IT law.
Our services in this area are aimed above all at traditional financial service providers as well as at technology companies, investors and promising FinTech start-ups.
We support our clients throughout the entire process of forming and establishing banking and financial services institutions, branches and representative offices, and obtain the necessary banking-supervision approvals from the responsible banking supervisory authorities. We also advise regarding the implementation and observance of supervisory-law standards and other consequential obligations when providing banking, financial and payment services.
In addition, we are one of just a small number of law firms in Zurich specialising in the conducting of exemption proceedings, through which Swiss banks and regulated asset managers are granted access to the German market. Thanks to our experience of working with the banking supervisory authorities in both countries, we can guarantee efficient processing of the applications for our clients. In 2017 we obtained the first exemption issued under the so-called “simplified exemption procedure” for a Swiss private bank in Germany, and are now among the most experienced law firms in this field.
General Banking and
We advise on all matters related to the business relationship between lending and financial services institutions and their customers, for example questions of banking contract law, banking secrecy, payment transactions, the prevention of money laundering and deposit protection. We advise on the client onboarding process as well as regarding the duties to explain and inform during consultation meetings. We also draft and check contracts, general terms and conditions of business and other customary commercial documentation. Further specialist areas of ours are advising in the field of e-money, on payment procedures in the Internet and on consumer protection law.
In the field of stock-market law we advise our clients on all legal aspects of public capital procurement, and provide support in particular with due diligence, the drafting of issuing and listing prospectuses as well as the preparation of contract documentation.
Mergers & Acquisitions
(M&A) in the Financial Sector
(M&A) in the Financial Sector
A further core area of our expertise is M&A advising in the financial sector. We advise institutions and investors on a transaction-related basis concerning acquisitions, mergers, portfolio transfers as well as on internal company restructuring measures and increases or reductions in capital. This includes the conducting of due diligence audits, during which we place a special emphasis on industry specifics, as well as the drafting, reviewing and negotiation of customized share purchase agreements and contracts for the purchase of assets.
In this respect, we also advise on all corporate-law issues arising, such as the liability and responsibility of management organs, as well as extensively on compliance-related issues. We pay particular attention to the necessary supervisory-law communication with BaFin and other authorities.