Banking & Capital Markets Law
The legal field of banking and capital market law comprises two different areas and is therefore already characterized by great complexity.
The legal foundations of this area of law are already derived from a large number of laws, such as the German Civil Code, the German Commercial Code, the German Banking Act, the German Securities Trading Act and the German Stock Exchange Act. In addition, due to the extensive activities of the supervisory authorities in this area, there is a large number of further regulations, for example from ordinances, statutes, directives and administrative regulations.
Banking law essentially covers all issues relating to the legal relationship between customers and banks.
Of particular practical relevance – for both private individuals and companies – are legal issues relating to the credit business, including the numerous instruments for securing credit, such as mortgages, sureties or guarantees, as well as legal issues in connection with the drafting of leasing or factoring agreements. Payment transactions are also in a state of flux and therefore pose new challenges.
Capital Market Law
Capital market law includes, among other things, all transactions both on the stock exchanges and on other trading venues, whereby it should be noted that capital market law is also subject to dynamic change, not least due to international developments.
In this context, challenging questions arise with regard to correct investment advice not only with regard to “classic” securities, but also with regard to a large number of other capital investments, e.g. open or closed-end funds or direct investments such as container funds, ship funds or real estate funds. In particular, new forms of investment are constantly creating new legal and liability issues.
We advise and represent our private and commercial clients on all of these issues nationwide. Of course, we do this while taking into account the special procedural aspects of this field of law as well as the points of contact with other fields of activity, such as real estate law or commercial and corporate law.