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.

Financing transactions

Our lawyers advise banks and other financial institutions as well as investors and businesses on financing transactions of any kind.

We advise both lenders and borrowers on acquisition financing, real estate financing, project financing and general corporate financings in all their forms (including syndicated loans and club deals).

Other Corporate finance matters (loan notes (Schuldscheine), private placements, listed bonds, cash pooling, factoring, swaps and derivates), fund financings, venture loans and capital call lines are also part of our daily advisory.

Sustainable finance and ESG issues have become an integral part of modern financing practice. Our lawyers have in-depth market knowledge and are familiar with the latest developments in the field of sustainable finance – also with regard to regulatory implications.

Financing advice also includes advice in crisis situations (restructuring, workout, insolvency). In this respect, we have long-standing experience on both the lender and borrower side and also assist our clients in proceedings under the German Debt Securities Act (Schuldverschreibungsgesetz), the German Corporate Stabilization and Restructuring Act (Unternehmensstabilisierungs- und Restrukturierungsgesetz - StaRUG) and the German Insolvency Code (Insolvenzordnung) (regular insolvency, protective shield and insolvency plan proceedings). In addition, we have comprehensive know-how in the realisation of collateral.

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.

Restructuring insolvency

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.

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

Regulatory

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.

Regulatory

We advise banks and financial institutions, industry and service businesses as well as FinTech-s on all matters of financial services regulation. We advise on all regulatory aspects of banking, payment, 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,
  • structuring of ESG compliance programs, in particular in the credit business, the financial instruments business and the investment business,
  • 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).

FinTech

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

FinTechs

We advise numerous companies that develop and offer technology-based financial services of the future (FinTech-s).

Our legal advice covers the structuring, setup and realization of new business-models in all product and distribution channels as well as white-label- and cross-border models. This applies in particular to payment solutions, issuing and distribution of crypto-assets, token sales and blockchain-based business-models. Additionally, we support companies in the application for licensing and registration pursuant to the German Banking Act (Kreditwesengesetz), Investment Firm Act (Wertpapierinstitutsgesetz), the Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz) and the Capital Investment Code (Kapitalanlagegesetzbuch) and relevant provisions of the European Crowdfunding Service Provider Regulation (ECSP) or Markets in Crypto-assets Regulation (MiCAR).

We also advise banks, insurance companies and industrial companies regarding the cooperation with FinTech-s. 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.

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

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

We enforce our clients’ rights in court and in arbitration proceedings, where we are also appointed as arbitrators.

We represent banks, financial institutions and other businesses in all kinds of commercial disputes. Since many years, our litigation practice is focused on the defence of banks and financial institutions against damage and discovery claims and on the representation in disputes with public authorities. We have the necessary experience and logistics in order to successfully represent our clients also in class actions.

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.

Our notaries

Three notaries are associated with LSP Lindemann Schwennicke & Partner, Dr. Thomas Lindemann, Dr. Daniel Radig 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.