Legal advice —

Banking and capital markets law

Despite the tight regulations in the banking and capital markets, we are happy to assist you in defining your financial objectives so that you can concentrate on the essentials.

Our services

Hardly any other area of law has been characterised by new regulations, directives and laws in recent years as much as banking and capital markets law. We will be happy to advise you in this ever-changing area of law.

Our advisory services in banking and capital markets law range from the drafting of agreements between banks and clients to issues regarding public law. In addition to banks and savings banks, we also represent companies and private individuals. We will be happy to advise you on the following topics:

  • Law governing credit agreements / loan collateral
  • Law governing bank giro agreements / payment transactions
  • Investment advice / capital investments
  • Supervisory law governing banking and financial services
  • Factoring / leasing / alternative forms of financing
  • Property development financing / Ordinance for brokers and property developers (MaBV)
  • Data protection / SCHUFA

Law governing credit agreements / loan collateral

The lending business is crucial for banks and savings banks as well as for companies. True to the adage "no money, no fun”, loans are omnipresent in the economy and indispensable for most companies. For this reason, early advice is recommended to enable or obtain solid financing. Our specialist lawyers advise banks and savings banks as well as entrepreneurs and consumers on all issues relating to the law governing credit agreements. Our advice is focussed on finding solutions that meet our clients’ interests at an early stage while bearing in mind issues relating to insolvency law.

Accordingly, our advisory activities do not begin only when a legal dispute has already arisen, but ideally earlier. We review credit agreements for our clients before they are concluded and advise on loan collateral (for example, land charges, transfer of ownership by way of security or guarantees). We are available to review interest calculations and adjustments in current credit agreements. We also assist our clients in the event of any breaches of contracts and review any termination rights and claims for damages. If a credit agreement is to be terminated early, we advise our clients with regard to any prepayment penalty.

When a credit agreement expires, it is not uncommon for the question to arise as to how the remaining receivables can be realised. We are also happy to assist our clients in the enforcement of the resulting claims. You can find more information about our activities in debt collection and enforcement on our Receivables management page.

Law governing bank giro agreements / payment transactions

Nowadays, only a fraction of payment transactions are cash transactions. Using bank accounts and electronic payment options creates risks that can quickly lead to litigation. This is reinforced by a large number of technical innovations and new legal requirements. For our clients, we address the issues arising from the daily current account business and payment transactions as well as the changes resulting, for example, from MiFID II. Our expert support includes subjects such as:

  • Unauthorised bank transfers
  • Misuse of debit cards, EC cards and credit cards
  • Interbank claims
  • Incorrect bank transfers
  • Returned direct debits
  • Bank charges
  • Incorrect or omitted value dates
  • Payment transactions in the event of insolvency

Investment advice / capital investment

If investments do not perform as hoped, disputes often arise between issuers, investment advisers and customers. We represent our clients in legal matters relating to investment advice and capital investments and advise on claims based on alleged incorrect investment advice. Litigation arising from asset management contracts is also part of our practice. Our expertise includes legal disputes regarding:

  • Share transactions
  • Closed- and open-ended funds
  • Bonds
  • Swap transactions
  • Digital currencies

Supervisory law governing banking and financial services

The financial sector has become increasingly regulated in the wake of financial crises, and further amendments and additions to the regulations lie ahead. As a result, questions about financial supervision continue to arise outside the traditional banking sector as well. Our specialist lawyers assist banks, savings banks and companies in dealing with regulatory issues. Our advice includes not only the assessment of whether the intended activities of our clients are permissible under supervisory law, but also which requirements have to be met. In addition to capital adequacy requirements (CRR-VO), our advice also covers the structural requirements (MaRisk) our clients from the banking sector need to fulfil.

Factoring / leasing / alternative forms of financing

While factoring and leasing are widely used means of financing in commercial practice, they are not regulated in law as separate types of contract. Knowledge of the relevant case law is therefore required in order to respond to legal questions concerning both forms of financing. In this regard, we advise our clients drawing upon our many years of experience in dealing with legal matters relating to factoring and leasing. We advise our clients on the drafting of agreements as well as on the execution of agreements and procedural enforcement of claims.

We are also happy to assist our clients with alternative forms of financing, such as debentures, bonds or mezzanine financing. If necessary, expertise is drawn upon from the corporate law or tax law practice areas.

Property development financing / Ordinance for brokers and property developers (MaBV)

Good advice on issues relating to the financing of project developers requires extensive knowledge in real estate and construction law. You benefit from the many years of experience that our specialist lawyers in project developer financing have not only in banking and capital market law, but also in real estate law and construction law.

We are the right people to contact in the event of disputes regarding the proper safeguarding of clients’ funds in accordance with the Ordinance for brokers and property developers (Makler- und Bauträgerverordnung, MaBV), in drawing down guarantees under Section 7 MaBV or calling on warranty guarantees.

Data protection / SCHUFA

Everyone was talking about data protection in 2018 following the implementation of the EU General Data Protection Regulation (EU GDPR). For companies, many questions remain after the sudden increase in reporting requirements. What data may be collected and stored? How must the data be backed up? When may data be transmitted to credit agencies such as SCHUFA? We provide our clients with advice on these issues. For banks, savings banks and companies, we answer the data protection questions that arise.

We also advise our clients on possible breaches of the EU GDPR. This includes in particular the allegation of processing incorrect information and transmitting it to credit agencies such as SCHUFA. Due to the far-reaching consequences of incorrect negative information being entered at SCHUFA, a quick and professional review is required when objections are raised relating to this, which we undertake for our clients. We not only advise our clients but also represent them both in and out of court.

Our specialist lawyers are also available to answer questions about data protection outside the area of banking and capital markets law.

Comprehensive knowledge of receivables management

We can also offer our comprehensive knowledge for the receivables management of credit institutions. Under the motto "everything from a single source” we have also been working successfully for banks and savings banks for more than ten years.

Especially in current times, we can sensitively and yet assertively realise your debt by providing the services described below. It is important to us to collect your debt without damaging your reputation and public image which is a risk when selling receivables to collection agencies.

  • We act on your behalf and request your customers to pay the outstanding debts.
  • If necessary, we will terminate the business relationship with your customers on your behalf.
  • We obtain an enforceable title for your claim - in the dunning procedure or in a notarial deed containing an acknowledgement of debt.
  • We conduct proceedings before the courts in the event of disputed receivables.
  • We take over the comprehensive enforcement proceedings. This covers, inter alia

- application for the submission of a statement of assets and liabilities (formerly an affidavit),
- wage and salary garnishment, in this connection we are also looking to collect any hidden earned income,
- attachment and redemption of shares;
- registration of a judgment lien; in particular, your claims under the Avoidance Act (Anfechtungsgesetz, AnfG) in particular will also be assessed at this point and taken into account.

  • We conduct the correspondence in out-of-court debt settlement proceedings and decide on settlement offers together with you.
  • We make sure your claim in the insolvency proceedings is entered in the insolvency schedule and are involved in the proceedings until the residual debt is discharged.
  • If the debtor is not discharged of the residual debt, we continue the enforcement proceedings.
  • We conduct foreclosure proceedings.
  • We conclude reasonable instalment agreements after consultation with you.
  • Upon taking on the mandate we make all necessary reports to SCHUFA.

The remuneration for our services is generally based on the German Act on the Remuneration of Lawyers (Rechtsanwaltsvergütungsgesetz, RVG). These costs are to be reimbursed by the debtor in addition to your claim.
If you have this task performed by an external service provider, the reimbursement of the costs associated with the collection of the receivables, including lawyers' fees, can be claimed from the debtor (future Section 13c of the Act on out-of-court legal services (Rechtsdienstleistungsgesetz)).

Please do not hesitate to contact us if you have any questions!

We can manage that —

The experts to match.

Dr. Jens Biederer

Lawyer, Specialist lawyer for banking and capital market law, Specialist lawyer for construction and architectural law

Lennart Holst LL.B.

Lawyer, Specialist lawyer for banking and capital market law

Dr. Kathrin Baartz

Lawyer, Specialist lawyer for family law, Specialist lawyer for banking and capital market law, Mediator

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