German Capital Markets And Securities Law

Capital market and securities law regulates the capital market (money and capital market) in Germany. It is not anchored in a single law, but in a large number of laws, such as the German Banking Act, Stock Exchange Act, Securities Prospectus Act, Securities Trading Act and numerous other German laws and regulations.

• Advice on BaFin licenses
  There are almost no investment areas that do without governmental supervision or regulation in Germany. Therefore, the key component of our legal services in capital markets law will always be to ensure that the license required to carry on the envisaged activity on the market is granted by the German Federal Financial Supervisory Authority (BaFin). If necessary, we prepare an application for a license from BaFin on a short-term basis.
   

• Support for emmission projects
  In addition, we offer professional project support to companies planning to issue securities and other investment products. This includes drafting contracts in the context of mid-cap issues and preparing legally compliant prospectuses (under the German Investment Products Act (Vermögensanlagengesetz) and the German Securities Prospectus Act (Wertpapierprospektgesetz), which calls for particular attention to prevent a possible liability based on incorrect information.
   
• Advice also for off-market transactions
  Our finance and securities lawyers are also ready to help and advise you on OTC transactions. We assist initiators of investment funds or other special funds designed for investment purposes in ensuring compliance with legal regulations. In this context, new hurdles keep coming up: The AIFM Directive and the related German Capital Investment Code (Kapitalanlagegesetzbuch, KAGB) have strengthened the requirements once again.

Our capital markets lawyers are known for accompanying companies in the financial sector in the development of exciting new business areas, even outside the traditional areas of the capital market, and for supporting them in overcoming the necessary legal hurdles. This applies, for example, to the investment forms and business models surrounding cryptographic currencies, which are enjoying increasing popularity.

For a major intermediary of Bitcoins, our team of lawyers in financial markets law established the first so-called liability umbrella as well as provided legal support for the first cooperation with a bank. In certain cases, such an approach can be an alternative to a BaFin authorization.

Our team of securities lawyers supports various clients of the financial sector on issues relating to German capital markets law. These include:

Any advice provided by our capital markets lawyers and certified capital markets law specialists is always focused on the result for our client since we always wish to offer the most appropriate and inexpensive option for meeting the legal requirements.