Financial Services and Insurance Law

We provide supervisory law advice to regulated companies, such as banks, financial service providers, insurers, and pension funds, as well as non-regulated companies. We assess business models for compliance with the German Banking Act (KWG), the Act on the Supervision of Securities Intermediaries (WpIG), the Act on the Supervision of Payment Institutes (ZAG), the Investment Code (KAGB), and the Act on the Supervision of Insurance Companies (VAG) and advise on authorisation and ownership control procedures, establishing and guiding subsidiaries within the EEA, and outsourcing and product development. Our compliance advice also covers reporting obligations, the Minimum Requirements for Risk Management (MaRisk), the Act on Securities Trading (WpHG)/ Markets in Financial Instruments Directive (MiFID), the Packaged Retail and Insurance-based Investment Products (PRIIPS) framework, the KIDs – Key Information Documents, and money laundering law.

Mid-market companies and boutique banks rely on our tailored advice on structuring and implementing capital measures. We assess all legal issues in context: our comprehensive advice considers the individual interests of majority shareholders and new investors (private equity). Listed companies trust us with corporate housekeeping issues and when preparing takeover offers and delisting.

Our advice on finance and securities law ranges from classical bank and syndicated loans, and bonds and bonded loans, to mezzanine financing and complex structured financing. Real estate, project, and asset financing form further focus areas of our practice. In addition, we provide distressed companies with comprehensive advice on restructuring.

We advise financial institutes and companies on all legal issues related to green finance (sustainable finance/ESG finance). Non-financial reporting, the structuring, negotiation and contractual documentation of ESG-related financing, and questions on ESG-related capital investment, including supervisory law requirements, all fall within our wheelhouse. We examine, enforce, and defend against claims for ESG infringements (“greenwashing”) both in and out of court.

You can find more information in our legal area ESG.

We represent financial institutes, companies and institutional investors when defending against and enforcing claims under capital market law, such as damages claims for deficient investment advice or greenwashing claims.

Board members, directors, supervisory board members, and executive employees such as authorised officers constantly risk liability when performing their duties. Stricter legal provisions and increasing corporate complexity have amplified these risks. The number of claims lodged over the last few years has also risen significantly. We have many years of proven expertise in D&O insurance. As monitoring counsel, we advise on coverage and complex regress claims for insurers. We represent directors and board members, as well as executive employees.

The more specialised a professional is, the greater the responsibility they have when performing their duties. Claims for breaches of duties become more likely as subject areas change and become more complex.  For many years, we have provided advice on liability issues to insurers and professionals, including lawyers, tax advisors, insolvency administrators, management and restructuring consultants, as well as auditors and accountants.

Companies and organs which have sustained losses due to criminal conduct, the infringement of internal compliance rules, or unlawful acts, leverage our proven experience with fidelity insurance to settle damages claims for insurers and injured undertakings.