Business Law

Banking & Capital Markets Law

Specialised advice in complex financial matters

Banking & Capital Markets Law - Expertise in the Digital Transformation of the Financial Sector

Banking and capital markets law is at the heart of modern economic life and is undergoing dynamic change. The digitalisation of the financial sector, new regulatory requirements at European level and innovative business models such as FinTech, cryptocurrencies and sustainable financial products present banks, financial service providers and investors with complex legal challenges. Specialised legal advice is essential to operate in compliance with the rules in this highly regulated environment while making optimal use of economic opportunities.

Our advisory approach in banking and capital markets law is interdisciplinary and practice-oriented: we combine in-depth knowledge of regulatory provisions with an understanding of our clients' economic realities. We support both established financial institutions in implementing new compliance requirements and innovative companies in the legally secure market launch of digital financial services. Our goal is to minimise legal risks while maximising entrepreneurial scope.

In banking law, we advise on every aspect of the credit industry, from classic loan agreements and credit security through to complex financing structures and syndications. Particularly in the area of banking regulation, we support the implementation of CRR/CRD IV, SREP procedures and SSM requirements. The digitisation of payments, PSD2 compliance and open banking are as much in focus as anti-money-laundering provisions and sanctions law.

Capital markets law calls for the highest precision in structuring securities issuances, drafting prospectuses and obtaining a stock-exchange listing. We accompany companies through IPOs, capital increases and other capital-markets transactions and ensure compliance with transparency and ad-hoc disclosure obligations. Where market manipulation or insider trading is suspected, we represent clients in BaFin proceedings as well as in civil disputes.

We advise FinTech companies and innovative financial-services providers from business-model development through to BaFin licensing. Whether robo-advisory, crowd-investing, payment services or cryptocurrencies, we develop regulatory-compliant solutions for new business ideas. In doing so, we also take into account international developments such as MiCA, DORA and the EU Digital Finance Package.

Our lawyer Torben Fuchs has comprehensive expertise in banking and capital markets law and specialises in the legal aspects of the FinTech sector and digital financial services. He combines regulatory expertise with practical experience and develops tailor-made solutions for the challenges of the digital financial market.

Banking Supervision & Compliance

  • BaFin licensing and supervisory proceedings
  • CRR/CRD IV and SSM compliance
  • SREP and stress tests
  • Bank levy and deposit guarantee
  • Fit & Proper proceedings

Capital Markets & Securities Law

  • Prospectus drafting and stock-exchange listing
  • MAR compliance and ad-hoc disclosure
  • WpHG and Transparency Directive
  • Market manipulation and insider dealing
  • Investor protection and damages claims

FinTech & Digital Finance

  • Cryptocurrencies and blockchain
  • Payment services and PSD2
  • Robo-advisory and algorithmic trading
  • Crowdfunding and crowdinvesting
  • Regulatory sandboxing

Credit Law & Financing

  • Credit agreements and syndications
  • Credit collateral and enforcement
  • Consumer-credit law and right of withdrawal
  • Factoring and asset-based lending
  • Distressed debt and NPL portfolios

Your contact

Torben Fuchs

Torben Fuchs

Spezialist für Bank- und Kapitalmarktrecht

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Key FinTech Deadlines

BaFin licence application: 6 months processing time
PSD2 compliance: Mandatory since September 2021
MiCA Regulation: Phased in from 2024/2025
DORA: Applicable from January 2025
TÜV ISO 9001 certified