German Capital Markets And Securities Law

WINHELLER is your law firm for the German capital market

The financial sector is a sensitive and at the same time highly dynamic branch of industry. Legally challenging issues are the rule, which is not surprising in view of the numerous and complex legal provisions. A specialist capital markets lawyer with proven theoretical and practical knowledge in this field guarantees a complete and up-to-date overview of this complex matter.

What is capital markets 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.

Comprehensive legal advice on German capital markets law

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.

Legal advice on the development of new business areas

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 clients in capital markets law

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

asset management firms
operators of trading platforms
initiators of closed-end funds
private equity and venture capital companies
(capital) investment companies
other issuers of securities
German private banks
German subsidiaries of larger foreign institutes

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.

Your German capital markets and securities attorneys

You need specialized advice on how to operate within the German capital market? You want to develop your business or create a legally compliant prospectus? Your experts for the German capital market and for issues concerning the emission of securities are