Financing transactions

Our lawyers have a long-standing track record acting for banks and other financial institutions as well as for investors and corporations in financing transactions of all kinds.

German law-firm for financing transactions

Our attorneys advise banks and other financial institutions as well as investors and businesses on financing transactions of any kind. We especially focus on acquisition financing, real estate finance and project financing.

Financing transactions - legal advice for lenders and borrowers

Regarding financing transactions we advise lenders like banks, financial services providers and investors regarding the structuring of loan agreements and corresponding documentation like collateral agreements. On the other hand we act as legal advisors to borrowers regarding complex loan agreements and all legal questions relating to corporate finance matters. We are therefore well familiar with both sides of a financing transaction.

Kinds of financing transactions

We advise on acquisition financing, real estate finance, project financing and all other kinds of corporate financing transactions.

In our daily business we provide legal advice regarding:

  • corporate finance matters (club deals, loan notes (Schuldscheine), private placements, listed bonds, cash pooling, factoring, swaps and derivates),
  • fund financings,
  • venture loans and
  • capital call lines.

Our solid advice on financing matters includes profound know-how also of restructuring and insolvency.

International financing transactions

On international financings, we work together with excellent partner firms abroad. We are happy to provide legal opinions and capacity opinions pursuant to German law.

Restructuring and insolvency

Our attorneys advise companies on legal aspects of restructuring, insolvency and work-out.

Legal advice on restructuring and companies‘ insolvency

The lawyers at LSP Lindemann Schwennicke & Partner provide legal advice to companies on German insolvency and restructuring law.

Our clients: lenders, borrowers and other companies

We have long-standing experience in providing legal advice on restructuring matters both on the lender’s as well as on the borrower’s side. Additionally, we offer legal advice to companies on all aspects of insolvency proceedings.

Attorney’s advice on companies’ restructuring and insolvency

We provide legal advice to companies also in times of crisis. This implies advice on

  • obligations to file for insolvency,
  • preparation of insolvency applications,
  • preparation and completion of restructurings (regular proceedings as well as insolvency plan proceedings).

On behalf of creditors we also advise on security enforcements and negotiations with insolvency administrators, including in international contexts. In this regard a focus of our business lies on crises in the financial sector and includes regulatory aspects as well as deposit guarantee schemes.

Bank regulation

The German regulation of banks and financial services is a focus of our legal advice provided to banks, financial services providers, FinTechs and companies of other branches.

German law-firm for bank regulation

The attorneys at LSP Lindemann Schwennicke & Partner provide legal advice on all matters of the German/EU regulation on banks, capital markets and investments.

Legal advice for banks and FinTechs

We advise banks on all regulatory issues. Likewise, we offer legal advice to financial institutions and FinTechs regarding the regulation of financial services.

Our attorneys advise industry and service businesses regarding regulatory aspects in connection with financial transactions as well as regarding the question whether their business requires a permission pursuant to the German Banking Act (Kreditwesengesetz – KWG), the German Investment Code (Kapitalanlagegesetzbuch – KAGB) or the German Payment Act (Zahlungsdiensteaufsichtsgesetz – ZAG).

Advice on regulation – our focus

We advise on all regulatory aspects of banking, capital markets and investment law, such as:

  • requirements to obtain a permit for banking business or financial services pursuant to KWG, for payment services pursuant to ZAG, for financial asset brokering pursuant to the German Trade Regulation Act (Gewerbeordnung – GewO) as well as for services pursuant to KAGB,
  • passporting in cross-border-activities,
  • anti-money-laundering, in particular aspects of KYC/KYB pursuant to the German Anti Money Laundering Act (Geldwäschegesetz – GwG) and the German Tax Code (Abgabenordnung – AO),
  • structuring of capital and liquidity measures from the regulatory perspective,
  • advice on public offerings of securities and investment products, including preparation of the prospectus and other regulatory documentation,
  • developing of compliance programs (e.g. securities and AML-CFT compliance, anti-market-abuse and insider law compliance, antitrust compliance of banks and financial institutions), conducting of compliance investigations,
  • incorporation, acquisition and sale of banks, financial service providers and payment service providers as well as branches thereof in Germany and abroad,
  • regulatory due diligences and owner control procedures,
  • representation in and out of court vis-à-vis public authorities (BaFin, Bundesbank),
  • data protection compliance (GDPR).

We analyze our clients‘ business models regarding the obligation to obtain a permit for banking business (e.g. credit business, guarantee business or factoring) or for payment services like money remittance. If such a permit is required we try to advise on how to restructure the business model in a legally safe way so that no permit is required. If that is not possible we are happy to assist the company in the complex application for a permit.

FinTech

We advise companies that develop technology-based financial services of the future (FinTechs).

German legal advice for FinTechs

The lawyers at LSP Lindemann Schwennicke & Partner advise numerous FinTechs, i.e. companies that develop and offer technology-based financial services of the future. Our legal advice covers the topics regulatory permits, financing, cooperation with white-label-banks, compliance (e.g. AML, data protection) and the drafting of T&Cs as well as other legal documents.

Our clients: FinTechs and their partners or investors

We provide legal advice to FinTech companies in all situations – no matter if the FinTech is just about to be founded or already a “Unicorn”. Likewise, we advise banks regarding a co-operation with FinTechs and investors on all legal questions on financing (venture debt / venture capital).

FinTechs – matters of legal advice

Our legal advice for FinTechs covers the conception, setup and realization of new business-models in all product and distribution channels as well as outsourcing, white-label- and cross-border models. This applies in particular to payment solutions, crowd-lending/crowd-investing, issuing and distribution of crypto-assets, token sales and blockchain-based business-models.

We analyze FinTech business-models regarding the obligation to obtain a permit pursuant to, inter alia, the German Banking Act (Kreditwesengesetz – KWG), the German Investment Code (Kapitalanlagegesetzbuch – KAGB) or the German Payment Act (Zahlungsdiensteaufsichtsgesetz – ZAG). If relevant, we support companies in the application for licensing and registration or regarding a co-operation with a white-label-bank. We have long-standing experience regarding the legal questions of bank regulation.

We also advise banks, insurance companies and industrial companies regarding the cooperation with FinTechs. Due to our in-depth expertise in both spheres we regularly advise investors (VC, PE and strategic investors) on regulatory aspects of investments in FinTech companies. We are experienced and pragmatic advisors for regulatory due diligence.

Cooperation with white-label-banks

If a FinTech company is not (yet) ready for an application for a mandatory license it may consider a cooperation with a so-called white-label-bank. We are well familiar with such models and the corresponding agreements. As legal advisors with longstanding experience in this field we provide competent support negotiating the relevant agreements.

Payment

We advise banks, financial institutions and FinTechs regarding all legal questions on payments and innovative payment services.

Payment law – legal questions on payment services

The attorneys at LSP Lindemann Schwennicke & Partner provide legal advice to banks and other companies on all matters of payments and payment services.

Our clients: Banks, Financial institutions/FinTechs

We advise banks, payment institutions, e-money issuers, and FinTech companies regarding all of the payment services provided by them. In addition to that, we analyze whether the business model of other companies implies payment services which require a license (often underestimated example: money remittance).

Finally, we also provide legal advice to retailers regarding their payment solutions.

Legal advice on payment issues

The law-firm LSP Lindemann Schwennicke & Partner has strong expertise in German/EU bank regulation. In this context we also advise on all regulatory issues regarding payments and payment services.

We analyze whether your business model implies payment services such as money remittance, payment initiation services or account information services. If your company requires a license or registration pursuant to the German Payment Act (Zahlungsdiensteaufsichtsgesetz - ZAG) we support you in the application for such a license or registration or help you regarding single legal questions in this regard.

Additionally, all aspects concerning customer identification (KYC/KYB) pursuant to the German Anti Money Laundering Act (Geldwäschegesetz – GwG) and the German Tax Act (Abgabenordnung – AO) as well as customer authentication pursuant to the ZAG are part of our daily business. We are likewise well familiar with the right on access to interfaces for payment initiation service providers and account information service providers as well as with obligations of infrastructure operators (German “Systemunternehmen”) pursuant to the German ZAG.

Finally, we regularly draft T&Cs and other relevant documents for payment services.

Cooperation with white-label-banks

If a company is not (yet) ready for an application for a mandatory license to act as a payment institution it may consider a cooperation with a so-called white-label-bank. We are well familiar with such models and the corresponding agreements. As legal advisors with longstanding experience in this field we provide competent support negotiating the relevant agreements.

Insurance law

We advise insurance companies, banks and financial institutions, InsurTech companies and insured parties on all issues of insurance law and insurance supervisory law.

Insurance law and insurance regulatory law

The attorneys at the German law-firm LSP Lindemann Schwennicke & Partner advise on all questions concerning insurance law and insurance regulatory law.

Insurance law: Our clients

We advise insurance companies, banks and financial institutions as well as InsurTech companies. Additionally, we are legal advisors to insured parties on all issues concerning insurance law.

Focus of our advice on insurance law

The structuring of insurance products and the advice on innovative distribution models online and offline require in-depth knowledge and experience on insurance law, insurance regulatory law and consumer protection law including data protection law. In this regard we can draw on long-standing expertise. We are familiar with the peculiarities of insurance sales by banks (e.g. consumer debt insurance, credit card insurance etc.).

We negotiate contracts regarding collective insurances to be combined into banking products and advise on the structuring of online platforms for insurance sales.

We advise both insurers as well as policy holders (e.g. in connection with D&O and W&I insurances) regarding claims settlement in complex events of damage, both in and out of court and in arbitration proceedings.

Litigation/Arbitration

We enforce our clients’ rights in court and arbitration proceedings. Additionally, we are regularly appointed to act as arbitrators in arbitration proceedings.

Litigation | Arbitration

The lawyers at the German law-firm LSP Lindemann Schwennicke & Partner enforce clients’ rights in court and in arbitration proceedings, where we are also regularly appointed as arbitrators.

Representation in German court proceedings

We represent especially banks and financial institutions/FinTechs in disputes before German courts (Amtsgericht/AG, Landgericht/LG und Oberlandesgericht/OLG). Since many years, our litigation practice is focused on the defense of banks and financial institutions against damage and discovery claims. The same applies to the representation in disputes with public authorities in and out of court.

In addition to that, we regularly represent other companies in commercial court proceedings.

KapMuG proceedings and class actions

The law-firm LSP Lindemann Schwennicke & Partner regularly represents banks, publishers of prospectuses and founding shareholders in court proceedings pursuant to the German Act on Exemplary Proceedings in Capital Market Disputes (Kapitalanleger-Musterverfahrensgesetz – KapMuG). We have the necessary experience and logistics in order to successfully represent our clients also in class actions due to wrongful investment recommendations or statements in prospectuses.

Arbitration

We act both as party representatives and as arbitrators in national and international arbitration proceedings. We are active members in different arbitration networks and we are familiar with current developments in the German and international arbitral practice.

Notarial services

We have a notarial practice with three public notaries.

Notary public in Berlin

Three experienced notaries public are associated with the Berlin law-firm LSP Lindemann Schwennicke & Partner.

The Berlin notarial practice is led by the three notaries Dr. Thomas Lindemann, Dr. Andreas Schwennicke and Dr. Konrad Rusch.

Focus on corporate law and real estate law

Our notarial services especially focus on corporate law and real estate law. Our notaries are well familiar with the peculiarities of international venture capital transactions. The same applies to the notarization of the foundation of startups in all legal forms (e.g. as a UG (haftungsbeschränkt), GmbH, GmbH & Co. KG und AG).

Notarization in English, Italian and French

Berlin is an international city. Upon request, all notaries notarize not only in German, but also in English, Italian and French.