Banks & Financial Institutions

The financial sector is a sensitive and at the same time a highly dynamic industry. Legally challenging questions are the rule, which is not surprising given the numerous and complex legal provisions. WINHELLER Attorneys at Law have the necessary expertise to take on demanding client matters from the financial sector. Independent evidence is, among other things, the assessment of the editors of JUVE Handbook on Commercial Law Firms 2011/2012.

We advise and represent predominantly small and medium-sized financial services providers in all matters of banking and capital markets law. Our clients include:

• financial brokers,
• investment advisory services firms,
• asset management firms,
• operators of trading platforms,
• initiators of closed-end investment funds,
• private equity and venture capital firms,
• capital investment companies, investment companies,
• other issuers of securities,
• smaller German banks and German branches of larger foreign banking institutions.

The financial supervision law forces financial service providers into a tight legal corset. At the same time, the legal regulations are ever more designed in a multi-layered manner and are thus even more difficult to figure out. There are a large number of snares; numerous companies, above all, smaller ones offer financial services requiring prior approval, without being aware thereof. With WINHELLER Attorneys at Law you play it safe. We advise you on statutory requirements and represent you before the supervisory authorities, first and foremost the Federal Financial Supervisory Authority (BaFin). For foreign financial services providers, especially of small and medium size, we also arrange for market entry in Germany.

The subject of compliance also requires legal guidance. Its purpose is to achieve durable compliance with the laws in the interest of the stability of financial markets and the protection of investors.

We offer issuers of securities or fund shares professional assistance in their issue plans. This includes the clarification of legal matters prior to an IPO, particularly with regard to the listing, as well as the proper and lawful design of the issue prospectus. We are also available to help and advise you on over the counter transactions (OTC, private placements). We assist initiators of closed-end investment funds in ensuring compliance with the statutory regulations. Particular attention should be given to the sales prospectus, if you want to prevent possible liability due to erroneous information.

Our experience from advising and representing investors who have incurred losses with their investments benefits institutional investors, such as family offices, foundations, pension funds and similar establishments. We assert claims of investors who have invested in funds, stocks, bonds, certificates or other securities and products against banks, free investment advisors and investment brokers, asset managers, issuers of securities and providers of other investments. Claims may exist in the event of erroneous investment advice and investment fraud, but also in the case of erroneous prospectus and ad-hoc information.

In close collaboration with Kessler Topaz Meltzer & Check, LLP, one of the leading U.S. law firms for securities class action lawsuits, we also inform institutional investors about the opportunities, which are afforded them by participation in U.S. securities class action lawsuits. Since the introduction of the Capital Market Model Case Act it is also possible in Germany to initiate model proceedings for a large number of injured parties. We also use this means, if required. Currently, we are representing numerous investors from Germany and abroad in the ongoing model proceedings against Hypo Real Estate AG.

Your contact person for enquiries related to Banking & Finance is Atty. Andreas Warkentin. Please contact us by e-mail (info@winheller.com) or by phone (+49 69 76 75 77 80).