The financial sector is as much a dynamic as a highly regulated industry. After the international financial crises experienced in recent years, the regulatory requirements for banks and financial services providers have been repeatedly tightened based on the recommendations of the Basle Committee, and the European Union always proved to be a forward looking model pupil in implementing these standards. Numerous directives and regulations from Brussels for further regulating banking services and the European capital markets have led to increasingly complex legal questions concerning the operative business of the supervised institutions.
WINHELLER has the necessary special professional expertise to provide banks and other players in the financial sector with tailor-made and solution-oriented answers to these questions. As a partner of the financial sector, clients appreciate our certified banking and capital markets law specialists as reliable and highly competent advisors with a hands-on attitude. As a renowned corporate law firm, WINHELLER has been frequently recommended by third parties like Juve und Legal 500.
Our advisory services are aimed at national or international clients of the following sectors:
- Private banks and public-sector and cooperative credit institutions;
- Investment advisory and brokerage companies;
- Asset management firms and financial portfolio managers;
- Operators of trading platforms;
- FinTechs as providers of innovative financial services;
- Asset management and investment companies;
- Capital market issuers of securities and investment products;
- Other players of the financial sector.
The financial regulatory law in Germany imposes a tight legal framework on banks and financial services providers. At the same time, legal provisions are becoming increasingly multifaceted making them more and more difficult to understand. With WINHELLER you are on the safe side. We advise you on the pertinent legal requirements and represent you in dealings with the Federal Financial Supervisory Authority and the German Central Bank's banking supervision both during the application for an authorization and in the context of on-going compliance supervision.
More detailed information is available on the pages regarding the BaFin authorization procedure. We also prepare the market entry to Germany for foreign - especially medium-sized -financial services providers. The area of compliance also requires legal support. In accordance with its overall objectives of promoting stability of the financial markets and enhancing investor protection, compliance aims at ensuring sustainable adherence to the provisions of law and the minimum requirements set by the supervisory authorities.
We offer issuers of securities and investment products professional assistance in their issue projects. This includes both clarifying legal issues in the run-up to a capital market issue – especially with respect to the selection of a suitable capital market product – and preparing the prospectus and other relevant contracts and documentation in a way ensuring legal compliance.
Even in case of legal disputes with investors, our certified banking and capital markets law specialists will support issuers and their sales service providers with their broad litigation experience. In addition, we assist initiators of fund structures in ensuring compliance with the statutory requirements and regulations of the German Capital Investment Act (Kapitalanlagegesetzbuch; "KAGB") and in obtaining the required permissions and registrations. In the run-up to any capital market issue, all parts of the Sales Prospectus call for special attention to prevent a possible liability based on incorrect or missing information.
Our attorneys are keeping a finger on the pulse of the times. WINHELLER represents numerous companies and founders that are using disruptive and revolutionary business models to break away from the financial sector's existing structures and enrich the financial sector with these changes. These FinTechs need clever and dedicated advisors assisting them in realizing their ideas as in these cases new legal ground is the order of the day especially concerning the financial regulatory law, which requires experienced and highly qualified advisors having the future in mind and a wealth of ideas.
Thanks to their everyday advisory services, our attorneys always keep a close eye on the current market developments and actively contribute to legal answers by relevant publications in professional magazines. At international expert conferences, they are also sought-after speakers on topics such as FinTechs, digitalization and blockchain technology in the regulatory and supervisory practice.
Your contact persons for enquiries related to German banking law and finance law are:
- Attorney Dr. Annette Wagemann (Certified Specialist for Banking and Capital Markets Law),
- Attorney Benjamin Kirschbaum, and
- Attorney Sebastian Förste.
Please contact us by e-mail (firstname.lastname@example.org) or by phone (+49 (0)69 76 75 77 80). We are happy to answer your questions in detail.