German Banking, Finance & Insurance Law

The main office of WINHELLER Attorneys at Law & Tax Advisors is located in Frankfurt, the heart of German finance. This is one reason, our clients include a wide variety of companies from the German and international finance and insurance industries.

Our attorneys advise international clients and financial institutions on all aspects of German Banking and Finance Law, including licensing applications before German financial oversight authorities (such as BaFin); compliance with German Finance Law (i.e. KWG); the drafting of articles of association, compliance guidelines and client contracts; assessing legal issues related to crypto currency (e.g. Bitcoin, Ether, Litecoin, Dogecoin and other coins), and providing regular updates regarding relevant legislative, legal and regulatory changes and trends. We also represent clients before administrative agencies and courts throughout Germany.

As attested by the editors of the handbook JUVE German Commercial Law Firms 2010/2011 (Germany's “who's who” of business law firms), “WINHELLER Attorneys at Law & Tax Advisors face brisk demand from financial service providers that are seeking advice in order to prevent potential lawsuits.”

We distinguish ourselves from other law firms through the quality of our services and our determination to prevent legal conflicts from arising in the first place. Among other things, we help our clients prepare conflict-avoiding business documentation and draft carefully tailored prospectuses and disclosures for clients who are issuing financial instruments or launching investment funds.

When a dispute is unavoidable or necessary to protect our clients’ legal interests and rights, we manage the entire litigation process, including representation in court and in arbitration proceedings. We also offer regular in-house trainings so that our clients’ investment services comply with German law as efficiently and cost-effectively as possible.

• Compliance with capital market regulations
• Drafting and implementation of compliance guidelines
• Licensing applications and appeals before financial oversight authorities
• Contract drafting for business activities in the financial sector
• Securities issuance
• Launching of investment funds
• Venture capital sourcing
• Credit transactions
• Dispute resolution

WINHELLER advises and represents insurance brokering firms in Germany and abroad. Our services include support with all aspects of insurance brokering, including: licensing, drafting articles of association, compliance guidelines and client contracts, and providing regular up-dates on regulatory and legislative changes and trends.

Companies are more competitive and save money if they can avoid problems before they arise. Avoiding problems requires that the company’s decision makers are aware of both existing risks and the legal changes (and opportunities) the future holds in store.

We design and deliver our in-house trainings with these goals in mind – so that you can focus on your business of providing  profitable, competitive, high-quality and legally compliant services. Even with the best legal planning possible, things can go wrong. A competitor might file a frivolous lawsuit or a client might lose money and claim that you are to blame. When these or other disputes arise, you can rely on WINHELLER to assert and defend your clients' rights against government regulators, competitors and customers. We can also represent you in coverage actions against insurance companies.

• Formation of insurance brokering firms and articles of association
• Licensing procedure with the Chamber of Commerce and Industry under Sec. 34d of the German Industrial Act
• Drafting and implementation of compliance guidelines
• Business documentation and contracts drafting for the insurance sector
• Dispute resolution
• Legal advice and representation regarding all important classes of insurance, including personal, indemnity and property insurance