We advise banks, financial service providers, payment and securities service providers, and other regulated and unregulated market participants on a wide range of supervisory topics. This includes individual questions as well as complex transaction projects with a regulatory focus (including Regulatory Due Diligence). 

Our clients include private banks both domestically and abroad, branch offices of foreign institutions, and subsidiaries of foreign banks. We also guide foreign investors on market entry into Germany/EU and manage the necessary processes with the ECB and BaFin (licensing or ownership control procedures).   

The legal framework consists of both national and EU-wide regulations. Our consultation covers issues from the narrow regulatory context, such as licensing or ownership control procedures, and often extends to corporate law (corporate governance, remuneration systems, etc.) or commercial topics closely linked to regulatory aspects. Our team frequently represents clients before financial supervisory authorities (BaFin/Bundesbank/ECB).  

Ownership control procedures have gained significant importance as a notification requirement is triggered by a potential acquirer upon reaching certain thresholds, even before acquisition completion. This also applies to share transfers within groups.  

Questions about outsourcing or outsourcing (for insurers) of business processes and services are also crucial for institutions, as they are subject to an extensive, complex, and frequently changing set of rules (such as MaRisk, BAIT, etc.). Our advisory spectrum also encompasses capital market law (especially stock exchange listing of companies, obligations of listed companies). 

Examples of mandates/projects include 

• Advice on the transfer of shares in a leasing company (AG), coordination with BaFin on the planned transaction structure and advice on the ownership control procedure, preparation of acquisition notification, and task notification.
• Licensing procedure with the granting of a full banking license (CRR Institute) for our client, application for licensing, support/advice on relevant attachments/documents, communication with BaFin/ECB.  
• Representation of a CRR institute vis-à-vis BaFin's intensive/focused supervision.  
• Advising foreign investors on the purchase of a bank / of shares in a bank.  
• Licensing procedure for founding a leasing company, advice on, and preparation of, application documents, BaFin communication.  
• Sale of a leasing company, advice to owners, process support sell-side.