Banking and capital markets lawKI Bild

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Banking and capital markets law

We will be pleased to advise you in this constantly changing area of law.

Advice on banking and capital markets law for Hamburg and the Hamburg Metropolitan Area.

Hardly any other area of law is undergoing such dynamic change as banking and capital markets law. European and national legislation, supervisory requirements and advancing digitalisation present credit institutions, financial services providers, companies and consumers alike with new legal challenges.

Our advice ranges from drafting and reviewing banking contract relationships to regulatory issues. We advise and represent credit institutions, financial services providers, companies, investors and private individuals out of court as well as before courts and authorities.

Our advisory work does not begin only when a legal dispute arises, but ideally well beforehand.

Our advisory fields

Law governing credit agreements and loan collateral — review of credit agreements before they are concluded, structuring of collateral such as land charges, transfers of ownership by way of security and guarantees, assessment of interest rate adjustments, termination rights and early repayment compensation.

Law governing bank giro agreements and payment transactions — unauthorised payment transactions, online banking fraud and phishing cases, misuse of girocards, debit cards and credit cards, interbank claims, incorrect bank transfers, returned direct debits, bank charges, incorrect or omitted value dates, account terminations and payment transactions in the event of insolvency.

Investment advice and capital investments — representation in cases of errors in advice and disclosure relating to shares, funds, bonds, structured products, swaps as well as crypto asset investments and other digital assets, plus disputes arising from asset management agreements.

Supervisory law governing banking and financial services — selected regulatory requirements, permissibility of business models, communication with the supervisory authorities.

Factoring, leasing and alternative forms of financing — structuring and support of factoring, leasing and mezzanine financing, where necessary in conjunction with company and tax law.

Property development financing — protection of purchasers' funds under the provisions of the Ordinance for Brokers and Property Developers (MaBV), disputes over security arrangements under Sections 2 et seq. MaBV, claims under guarantees pursuant to Section 7 MaBV, and enforcement and defence of claims arising from completion, warranty and other securities. We advise purchasers, property developers, investors and lending credit institutions.

Data protection and SCHUFA — claims for erasure and damages relating to SCHUFA entries, scoring and unlawful data processing, together with our lawyers specialising in IT and data protection law.

Receivables management — out-of-court and judicial enforcement of claims, obtaining enforceable titles for receivables and all enforcement measures. We have been supporting companies, credit institutions and financial services providers with this for over 70 years. Find out more on our receivables management page.

Contacts

The experts to match.

Frequently asked questions about banking and capital markets law

Answers to the questions our clients ask us most often.

Who do you advise on banking and capital markets law?

We advise and represent credit institutions, financial services providers, companies, investors and private individuals out of court as well as before courts and authorities, from drafting and reviewing banking contract relationships to regulatory issues.

Should credit agreements be reviewed before they are concluded?

Credit agreements should be reviewed before they are concluded and adapted to the individual case so that the agreement fits the project. We review credit agreements for our clients before they are concluded and advise on securing loans, for example by means of land charges, transfers of ownership by way of security or guarantees. We also provide legal support for ongoing credit relationships: reviewing interest statements and interest rate adjustments, assessing termination rights and claims for damages, and advising on early repayment compensation when credit agreements are terminated early.

Do you also advise on factoring, leasing and property development financing?

Yes. We advise our clients on both the structuring and the performance of factoring and leasing agreements and represent their interests out of court and in court. For alternative forms of financing such as bonds, debt securities or mezzanine financing, we draw on the expertise of our colleagues in company and tax law where necessary. For property development projects, we advise purchasers, property developers, investors and lending credit institutions on protecting purchasers' funds under the Ordinance for Brokers and Property Developers (MaBV).

What should we do about unauthorised payments, phishing or card misuse?

Such cases fall under the law governing bank giro agreements and payment transactions: unauthorised payment transactions, online banking fraud and phishing cases, and misuse of girocards, debit cards and credit cards. We advise and represent you out of court as well as before courts and authorities. Feel free to talk to us at an early stage.

Any further questions?

Feel free to get in touch with us. We provide comprehensive advice and work with you to develop the right solution for your legal and economic challenges in banking and capital markets law.

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Feel free to get in touch with us. We provide comprehensive advice and work with you to develop the right solution for your legal and economic challenges in banking and capital markets law.