Banking and Capital Market Law
Providing advice to clients on matters of banking and capital market law has been an important part of our practice for many years. Product innovations as well as company developments are constantly creating new challenges. Law-makers and regulators on national, European and international levels as well as the courts in many ‘landmark’ cases are continually making changes to the laws. The impact of all of these factors needs to be considered. The increased significance over time of the areas of banking and capital market law for our Kanzlei and our clients is reflected by the fact that we have a specific core practice area dedicated to them.
Banking law has developed into an area of significant legal importance in both in Germany. It is the object of decisions of specialized chambers and senates of the Landgerichte (regional courts) and the Oberlandesgerichte (state courts), as well as of the XIth Civil Senate of the Bundesgerichtshof (Germany’s Supreme Court), which senate has competence in banking law matters. We follow all of these decisions closely. Banking law in general concerns issues of financing as well as security for loans (e.g. mortgages and guarantees) and the enforcement or defense of claims arising from a multitude of financial relationships, such as those concerning current account transactions, credit agreements, sureties, investment management, financial commissions, emissions trading etc.
We also have particular experience in cases involving the provision by banks or credit institutions of improper investment advice including allegations of false or misleading representations, and/or investment brokering as well as matters concerning the provision of false or misleading capital market information (prospectus liability and related professional liability). Another key area of capital market law on which we focus is that of capital investment products and their conceptualization. We also provide support with respect to the requirements of regulatory authorities.
For details of the main areas in which we provide advice concerning ‘Banking and Capital Market Law’ please see the following: