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).