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.