Banking and Capital Markets

Our banking and capital markets experts cover a full range of service, including all matters of general banking law and regulation as well as specific law matters relating to products offered on the capital markets. We particularly focus on the coordination and documentation of securities issues and all matters arising from the (public) offer and sale of different financial products including warrants, certificates, bonds and other structured products. We also have ample expertise in structuring and the admission to public offering of investment funds. Clients include banks and other financial services providers.

Core areas of expertise are:

  • structuring and setting up of securities prospectuses; documenting and coordinating service in connection with the issue of securities, in particular securitized derivatives such as certificates, warrants, mortgage bonds, profit participating certificates, notes and other structured products
  • admission procedure for investment funds
  • structuring and setting up prospectuses as well as admission procedures for corporate bonds and IPOs
  • advising on and documenting of financial derivatives transactions and securities loan transactions according to market standard agreements
  • trading, clearing and settlement on futures and options markets
  • advising banks and financial services providers on investment advice liability cases.

Securities Prospectus law

We set up prospectuses for (derivative) securities for public offerings, this includes base prospectuses for multi product programmes and stand alone prospectuses. For our clients we handle the entire correspondence with regulators and the passporting of the prospectuses into other EU-jurisdictions. For each single issue we take care of listing and clearing applications.

We also assess marketing material (including websites) and advise on any necessary adjustments to securities terms (for example, corporate actions) and the relevant regulatory and compliance questions.

Our team has developed prospectus systems under the current German and European prospectus regime that allow issuers to react in a flexible way to market developments and introduce innovative products to the market in a cost-effective way.

Tax advice

Delivering tax advice on the tax treatment of securities products in Germany is an integral part of our assignments. We advise on relevant tax language for term sheets, other promotional material and the prospectuses.

Regulatory law

Our expertise covers all relevant questions of securities trading and regulatory law, in particular MiFID requirements and other compliance issues.

Master agreements

Our full-range banking and capital markets service is complemented by advising on contractual documentation for OTC derivates (particularly DRV), among others for financial futures trading, securities loans and repos.

Liability law

We advise leading banks and financial services providers on financial advice liability cases. We also offer sales training. Our experts are particularly experienced in the risks and structures of derivative securities.

How we advise our clients

The service to our clients is characterized by:

  • a profound knowledge of the functioning of capital markets
  • an up to date in depth knowledge of the wide range of financial products on offer, and
  • the characteristics of issuing financial products, including the operational implications of the process.

This enables us to provide time and cost efficient solutions to our clients.

Clients appreciate our expertise as real added value since in communication with marketing/sale and trading departments no time consuming explanations of the structures involved are needed.

Fee structure

Our billing models provide for detailed statements based on accrued time spent on a project as well as flexible flat-rate allowances for individual projects. We always consider the level of complexity involved and the scope of advice given, as well as the need for our clients to be able to work with calculable costs and a transparent billing system.