Clifford Chance comprehensively advises on banking and regulatory matters in the transactions space, here, practice head Marc Benzler regularly takes the lead. The team also covers regulatory audits, licensing and owner control procedures as well as derivative regulation and documentation matters. In addition to his experience in transactions, Benzler is a key contact for European regulatory law matters, where he frequently cooperates with the firm’s international regulatory experts. He is supported by counsel Kerstin Schaepersmann, who is well versed in regulatory and structured financing matters.
Financial services: regulatory in Germany
Clifford Chance
Responsables de la pratique:
Marc Benzler
Autres avocats clés:
Kerstin Schaepersmann
Les références
‘Leading position in the area of the regulatory framework for financial futures and securities financing transactions. Very high level of expertise and market knowledge.’
‘Expertise, reliability.’
‘Fast and high quality.’
Hengeler Mueller
In addition to its expertise in crypto regulation and the structuring of payment systems, Hengeler Mueller focuses on regulatory matters pertaining to transactions and financing rounds. The team assists financial institutions, investors and asset managers with enforcement proceedings and disputes and regularly cooperates with the compliance team. These competencies lead to frequent instructions on greenwashing, ESG-related matters as well as various BaFin procedures. Among the key contacts are regulatory experts Dirk Hermann Bliesener and Christian Schmies; the latter is also well versed in fintech matters and focuses on cryptocurrencies and payment services.
Autres avocats clés:
Dirk Hermann Bliesener; Carl-Philipp Eberlein; Christian Schmies; Stefan Krauss
Principaux dossiers
A&O Shearman
A&O Shearman‘s multidisciplinary practice comprehensively covers regulatory and product-related issues, including digital products at the capital markets interface and crypto-related matters. Advising financial instituitions on regulatory matters pertaining to transactions and restructuring is a key strength; the team also assists with German market entry, the incorporation of banks as well as matters in the ESG and compliance sphere, the latter includes BaFin special audits. Fintech companies regularly instruct the team on BaFin licensing procedures. Practice head Alexander Behrens demonstrates similar competencies and comprehensively advises on German and European financial regulatory law.
Responsables de la pratique:
Alexander Behrens
Les références
‘Reliable expertise and strong international network, especially with backing from the UK office, which also advises on EU issues.’
‘Very well-founded and broad expertise in a very dynamic regulatory environment make the team a central point of contact for a wide range of regulatory issues.’
‘We have been working with Alexander Behrens for many years and greatly appreciate not only his outstanding professional expertise, but also his unpretentious, friendly and trustworthy personality.’
Principaux clients
Bitpanda
BlockFi
Lloyds Bank
ING Bank
Nomura
SMBC Bank
SMBC Nikko Capital Markets
Volkswagen AG
Volkswagen Financial Services and Bank
Principaux dossiers
- Advising a consortium of banks in connection with the issuance of a dematerialized bond via a blockchain-based platform by the European Investment Bank (EIB) under Luxembourg law.
- Advising various banks and financial institutions in connection with ESG regulation.
- Advising various banks and financial institutions on German market entry.
Hogan Lovells International LLP
Hogan Lovells International LLP comprehensively covers regulatory matters and frequently acts at the capital markets interface; these capabilities lead to regular instructions in the context of digital product launches and the assistance with proceedings against the European Union’s Single Resolution Board pertaining to bank levies and contributions to the European Resolution Fund (SFR). Other key strengths are the restructuring of banks, BaFin licensing procedures as well as payment transaction matters. Among the client roster are banks, credit institutions and international companies. Practice head Richard Reimer is experienced in both institutional and product-specific regulatory law, he is supported by counsel Andreas Doser (financial product launches, cooperation and outsourcing agreements) and Sarah Wrage (regulatory, payment services and investment law) who made partner in January 2024.
Responsables de la pratique:
Richard Reimer
Autres avocats clés:
Tim Oliver Brandi; Jochen Seitz; Julian Fischer; Peter Maier; Andreas Doser; Sarah Wrage
Les références
‘Very pragmatic team with a flexible approach.’
‘Professional and fast; proven market and specialist expertise.’
‘Outstanding banking supervisory knowledge from Dr. Julian Fischer.’
Principaux clients
Cflox GmbH
Deutscher Derivate Verband
Marex Financial
Mitsubishi Corporation Gruppe
Nord/LB – Girozentrale
NRW.Bank
REWE Markt GmbH / pay.cetera B.V.
Scalable Capital
Tilta Fintech GmbH
Principaux dossiers
- Advising a US investment bank on regulatory issues relating to cryptocurrencies.
- Advising the Misubishi Corporation Group on the sale of all shares in MCE Bank GmbH to Santander Consumer Bank AG.
- Advising REWE Markt GmbH on payment issues and in particular on innovative payment methods.
Latham & Watkins LLP
Latham & Watkins LLP is well known for its regulatory expertise in M&A and private equity transactions. The team also offers assistance with regulatory audits and enforcement procedures of the ECB and BaFin as well as preventative compliance issues and reporting obligations, licensing requirements for German business activities, including cryptocurrency-related matters, and the implementation of ESG strategies. The practice is led by Markus Krüger (transactions and regulatory advice) and Axel Schiemann, who recently assisted with a cross-border investigation pertaining to AML compliance and advised a global crypto platform operator on licensing matters pertaining to crypto trading and deposits.
Responsables de la pratique:
Markus Krüger; Axel Schiemann
Les références
‘High level of specialist knowledge and reliability.’
‘Markus Krüger and Axel Schiemann have many years of experience and expertise.’
‘Very strong on technical regulatory issues. Comprehensive knowledge and experience in questions relating to financial services and in cooperation with BaFin and the ECB.’
Principaux clients
Aareal Bank AG
Apollo Global Management, LLC
Bankhaus Lampe
Bundesverband deutscher Banken e.V. – Einlagensicherungsfonds
dwins GmbH
DXC
eToro Group Limited
Evercore
Hg Capital
IKB Deutsche Industriebank AG
La Caisse de dépôt et placement du Québec (CDPQ) / General Atlantic
Prosegur
Simon Property Group
Principaux dossiers
- Advising the Federal Association of German Banks and the Deposit Protection Fund (ESF) with regard to compensation for depositors of Greensill Bank GmbH.
- Advising the Supervisory Board of Aareal Bank on the planned investment agreement with Atlantic BidCo GmbH.
- Advising the German subsidiary of Evercore on all regulatory and compliance issues, in particular on the start of cross-border European business (passporting).
Annerton Rechtsanwaltsgesellschaft mbH
Annerton Rechtsanwaltsgesellschaft mbH comprehensively advises on regulatory matters pertaining to banking, financial services and investment law and boasts expertise in the fintech sector. Frank Müller is well versed in the structuring of business models and BaFin licensing procedures, while Peter Frey comprehensively covers financial regulatory matters and also has expertise in money laundering law and outsourcing. Anna Izzo-Wagner was most recently instructed on BaFin control procedures as well as matters pertaining to the regulation on European Crowdfunding (ECSP). Nasim Jenkouk (banking and finance law with a focus on fintech) joined RSM Ebner Stolz in April 2023.
Autres avocats clés:
Susanne Grohé; Frank Müller; Peter Frey; Christian Walz; Matthäus Schindele; Anna Izzo-Wagner; Alireza Siadat; Florian Lörsch
Principaux clients
Toyota Kreditbank GmbH
Vereinigte Volksbank
Raiffeisen Bank eG
Olinda Branch Office Germany (Qonto)
NAVIGATOR CAPITAL VCC
Trade Republic Bank GmbH
Founders Fund Trade Republic LLC
Ferrari Financial Services GmbH
Teylor AG
Accel London VI. L.P.
Feri Trust (Luxembourg) S.A.
J&T Banka, a.s.
Banxware
Solaris SE
Helaba Digital GmbH & Co. KG
Binance Deutschland GmbH
Fuel
Expatrio Global Services
GmbH
New Horizon GmbH
PAYONE GmbH
Prepaid Verband Deutschland e.V.
Concardis GmbH
smava GmbH
Fireblocks
Stokr
Volksbank Mittweida
DZ Bank
Zalando SE
Kadmos GmbH
Tangany GmbH
B4C Markets BV
FinTecSystems GmbH
October Deutschland GmbH
Swarm Capital
MISA Art
Business Service Solution GmbH
Byte Federal, Inc
PPRO Holding GmbH
Tomorrow GmbH
adorsys GmbH
Mangopay SA
Principaux dossiers
- Advising Solaris SE on the takeover of the ADAC credit card portfolio.
- Advising the FinTech-Volksbank VVRB (United Volksbank Raffeisenbank) on the regulatory design of refinancing structures for buy now, pay later providers.
- Advising Toyota Kreditbank on all regulatory and payment issues with a focus on implementing a marketplace solution.
CMS
CMS is experienced in the automotive sector and routinely advises automotive banks and leasing institutions on the incorporation of deposit-taking banks. Another mainstay is clients’ representation in proceedings before BaFin and the Bundesbank as well as in special audit proceedings; the team is also well versed in remuneration-related matters at the employment law interface. This advice offering is complemented by expertise in crypto-related business models as well as governance and ESG topics; the latter is frequently called upon in the context of sustainable finance. Co-practice head Joachim Kaetzler also co-heads the firm’s international ESG group, while co-head Andrea München covers German as well as Luxembourg and European financial supervisory law.
Responsables de la pratique:
Joachim Kaetzler; Andrea München
Les références
‘The team has outstanding knowledge of banking and financial law and has always given us very good and pragmatic advice.’
‘I would like to clearly single out Joachim Kaetzler at this point. He has an extraordinarily broad knowledge and a lot of experience in this area, which I have always valued very much. He gave us very good advice and made the right recommendations.’
Principaux dossiers
Noerr
Noerr‘s multidisciplinary approach focuses on cross-practice cooperation, such as the advice on remuneration matters at the employment law interface, topics pertaining to IT security, data-driven business models and banking secrecy at the IT and data protection intersection as well as M&A transactions. Among the client roster are banks, payment services providers, asset managers, investors and companies, which regularly instruct the team on compliance matters, including MiFID and MiFID II in the securities area, AML matters as well as cooperation agreements and BaFin procedures and issues pertaining to payment services law. The team is led by insurance supervisory law experts Thomas Heitzer and Jens Kunz, who comprehensively cover financial regulatory, investment and money laundering law. The regulatory expertise in transactions was strengthened with the partner appointment of Dominik Kloka in January 2024.
Responsables de la pratique:
Jens Kunz; Thomas Heitzer
Les références
‘Excellent expertise, extremely quick response and top analytical skills.’
‘Karl-Alexander Neumann, in particular, stood out in our project because of his broad specialist knowledge and high performance.’
‘Very technically experienced and customer-oriented team in banking supervisory law.’
Principaux clients
Baader Bank AG
FlatexDEGIRO Bank AG
Frankfurter Volksbank eG
Inflexion
Lunis Vermögensmanagement AG
Summit Partners
VTB Bank (Europe) SE
Wirecard AG (Insolvenzverwalter)
Deutsche Börse
Principaux dossiers
- Advising Summit Partners on a buy-and-build strategy to acquire independent asset managers in the DACH region; Structuring an innovative PE acquisition structure under the newly enacted Securities Institutions Act (WpIG).
- Advising VTB Bank (Europe) SE on the repatriation of business activities.
- Advising a leading German bank on a BaFin procedure with regard to AML compliance, including an expert opinion.
SERNETZ • SCHÄFER
SERNETZ • SCHÄFER‘s regulatory expertise is frequently called upon in the litigation context, whereas the team also assists with transactions, the development of new financial products, including digital products, as well as payment services supervison and money laundering law matters. The practice is regularly instructed by companies, private equity companies as well as large and regional banks. Practice head Frank Schäfer is experienced in banking, capital markets and financial regulatory law; he is supported by Jörg Mimberg (fintech and payment services supervision law) and Thomas Eckhold (banking, capital markets and financial regulatory law).
Autres avocats clés:
Jörg Mimberg; Thomas Eckhold; Ferdinand Kruis; Helge Großerichter; Thomas Klanten; Andreas Höder
Les références
‘To me, the Sernetz Schäfer team is one of the leading law firms for all banking regulatory and resolution issues.’
‘Thomas Eckhold is my clear go-to partner, whose constructive, critical and at the same time appreciative, objective manner I greatly appreciate.’
‘Ferdinand Kruis is an excellent lawyer with high assertiveness.’
Principaux clients
Deutsche Pfandbriefbank
EP Global Commerce
Hypo Real Estate
ProSiebenSat1 SE
Stadtsparkasse München
UniCredit Bank AG
VTB Bank (Europe) SE
WealthCap
Wirecard Bank AG
Principaux dossiers
- Advising Wirecard Bank as a result of the Wirecard scandal, in particular advising on the institution’s regulatory resolution in close coordination with BaFin.
- Banking and banking regulatory advice to VTB Bank (Europe) SE on the resolution of the bank as a result of EU sanctions and supervisory orders from BaFin; Transfer of the bank to regular liquidation.
- Regulatory advice to EP Global Commerce on the acquisition of additional shares in METRO AG regarding the reinsurer belonging to the METRO Group; Initiation and implementation of newly required regulatory procedures as part of this transaction.
Gleiss Lutz
Gleiss Lutz is well known for its experience in crisis management as well as transactions and restructuring-related matters due to the close cooperation with the M&A and corporate experts. The team also advises on payment services law and fintech matters and is regularly instructed in connection with regulatory issues pertaining to remuneration. Maximilian von Rome heads the practice and is well versed in European regulatory law. In September 2023, Christian Hissnauer (banking supervisory law and financial market regulation) joined the team from Clifford Chance.
Responsables de la pratique:
Maximilian von Rom
Principaux clients
FUW Treuhand Projekt GmbH
BVR – Bundesverband der Deutschen Volksbanken und Raiffeisenbanken
SBI Group
Octopus Investments
MAP-WSV Beteiligungen GmbH
HDI VVaG
MoneyGram
Principaux dossiers
- Advising FUW Treuhand Projekt GmbH as court-appointed trustee for the voting rights of VTB Bank (Europe) SE.
- Advising the Bundesverband der Deutschen Volksbanken und Raiffeisenbanken (BVR) on a project, particularly with regard to the creation of a concept for structuring one or more investment platforms for the VR Group.
- Advising a rating agency on the preparation of the report on the use of ESG ratings to fulfill sustainability-related disclosure obligations under the EU Disclosure Regulation (EU 2019/2088).
GSK Stockmann
GSK Stockmann's mainstays include clients' representation before the European Central Bank as well as matters pertaining to digitisation and sustainability, including electronic payment services, platform-related topics and the trading of CO2 certificates. Platform operators, companies, financial institutions and fintech companies also benefit from the team's close cooperation with the Luxembourg office; the latter is led by Andreas Heinzmann and regularly assists with matters pertaining to investment law. German practice head Timo Bernau comprehensively covers banking and insurance supervisory law with a focus on the fintech sector. Lisa Watermann (sustainable finance, investment law) made local partner in January 2023.
Responsables de la pratique:
Timo Bernau; Andreas Heinzmann
Les références
‘The team has consistently delivered excellent work results, recommendations and identification of new legal strategies.’
‘Our contact guided us through many complicated and unique legal matters and procedures, always providing clear and concise advice every step of the way.’
‘Very high level of knowledge about the situation of fintech start-ups. This means very competent advice and top results.’
Principaux clients
Siemens AG
3Red Partners LLC., Chicago
InCred GmbH
Salt Global Tech Ltd
Finba Technologies GmbH
Twinu GmbH
xcircle UG
YAPI ve KREDI BANKASI A.S.
Hoeller Electrolyzer GmbH
GLS Gemeinschaftsbank eG
Catella Real Estate AG Nein
Solaris SE
DF Deutsche Finance Systems GmbH
Frankfurt School of Finance & Management gGmbH
Frankfurt School Financial Services GmbH
Principaux dossiers
- Advising Siemens AG on the legal structuring and issuance of a crypto securities bond in accordance with the Electronic Securities Act (eWpG).
- Advising DF Deutsche Finance Systems GmbH on BaFin approval proceedings for acquiring the license as crypto registrar under the KWG, including the creation of technical documentation as well as internal and external compliance documentation.
- Advising Solaris SE on payment matters as well as on entry into securities trading and on cooperations.
Deloitte Legal Rechtsanwaltsgesellschaft mbH
Deloitte Legal Rechtsanwaltsgesellschaft mbH assists banks and companies with BaFin procedures, market entry and indemnity matters, transactions as well as topics pertaining to management board remuneration. Practice head Mathias Hanten boasts similar competenciesis and Hannes Bracht is a key contact for matters pertaining to payment services.
Responsables de la pratique:
Mathias Hanten
Autres avocats clés:
Hannes Bracht; Arne Wittig
Les références
‘Excellent cooperation.’
‘Mathias Hanten always gave us very good and professional advice and always brought new ideas.’
‘Hannes Bracht and his colleagues are a dynamic team. The collaboration through the use of online solutions was excellent.’
Principaux clients
ADAC Finanzdienste GmbH
Commerzbank AG
Compay GmbH
Deutsche Lufthansa AG
EB – Sustainable Investment Management GmbH
EDEKABANK AG
GENO Broker GmbH
Global Crop Diversity Trust
Hamburgische Investitions- und Förderbank AöR
InterCard AG (Verifone Gruppe)
Investitionsbank Sachsen-Anhalt AöR
LeasePlan Deutschland GmbH
Lunadis GmbH + Co. KG (DKV Mobility Gruppe)
N26 AG
Norddeutsche Landesbank AöR
Reisebank AG
Rothschild & Co Gruppe
Sodexo Pass GmbH
Solaris SE
Sparkasse Rhein-Nahe AöR
Principaux dossiers
- Advising the Investitionsbank Sachsen-Anhalt on its spin-off from NORD/LB, including BaFin approval procedures (permission granted in March 2023).
- Advising the ADAC on the migration of a credit card portfolio with 1.3 million credit cards from LBB to Solaris.
- Preparation of contract documentation for an electronic account management system for Commerzbank, including testing and roll-out in Italy and France.
GÖRG Partnerschaft von Rechtsanwälten mbB
GÖRG Partnerschaft von Rechtsanwälten mbB offers comprehensive advice on banking and regulatory matters and increasingly focuses on financial litigation, here, practice head Yorick Ruland is a key contact. This competency was further strengthened with the partner appointments of Tony Beyer and Richard Franz Gerlach in May 2023; both are experienced in regulatory law and dispute resolution. Cornelia Kinast was also promoted to partner at the same time and is well versed in the transactions sphere. Matthias Terlau is a key contact for matters pertaining to new financial services, payment transaction law as well as fintech.
Responsables de la pratique:
Yorick Ruland
Les références
‘The team around Dr. Matthias Terlau is very competent and friendly to deal with.’
‘Matthias Terlau is an absolute expert in payment services law. He also answers complex legal questions straight away and is therefore a popular contact.’
‘Very practical and solution-oriented approach; assess the topic individually; 360° assessment and outstanding expertise.’
Principaux clients
KfW
Landesbank Berlin
Moss GmbH
OC Payment GmbH
Paydirekt GmbH
Samsung Electronics
S-Kreditpartner
Sparkasse Köln Bonn
Verimi GmbH
Principaux dossiers
- Advising Moss GmbH on the BaFin application and procedure for an e-money license.
- Advising the S-Kreditpartner/Sparkassengruppe on the launch of the new product ‘FlexiGeld’.
- Advising several German and European banks and investment companies in the insolvency case of Wirecard AG in connection with claims for damages totaling around €900 million.
Lindenpartners
Lindenpartners comprehensively advises credit institutions, fintech companies and asset managers on regulatory issues and also covers interfacing matters pertaining to IT, securities, money laundering and payment transaction law. Recent topics include ESG-related projects in the sustainable finance area. Practice head Lars Röh boasts similar competencies, while new associated partner Jessica Glaser is well versed in capital markets law and matters pertaining to bank liquidation; she joined in April 2023 from a previous in-house role.
Responsables de la pratique:
Lars Röh; Michael Kohl
Les références
‘Lars Röh is very accessible and has a high level of motivation.’
‘Lindenpartners is characterized by its special knowledge of banking supervisory law. But there is also a high level of expertise in all legal issues relating to the financial and capital markets, as well as in the area of ESG.’
‘In addition to Lars Röh, Nina Scherber and Jessica Glaser are available to provide advice and support.’
Principaux clients
Berliner Sparkasse
Berliner Volksbank
Bundesverband der Deutschen Volksbanken und Raiffeisenbanken
Deutscher Sparkassen- und Giroverband
Deutsche WertpapierService Bank AG
Hamburger Sparkasse
Weberbank
Deutscher Derivate Verband
Liqid Asset Management GmbH
S-Kreditpartner GmbH
WWF
Principaux dossiers
- Advising Donner & Reuschel AG on the implementation of European ESG regulation.
- Advising Berliner Volksbank eG on the implementation of European ESG regulation (SFDR).
- Advising the Deutscher Derivate Verband (DDV/ German Derivatives Association) on the development of a sustainability code for structured products.
Mayer Brown LLP
Mayer Brown LLP's regulatory practice is integrated into its capital markets group, thus making this interface competency a core strength. Patrick Scholl heads the team, which frequently advises on derivative regulation (EMIR), benchmarks and securities sales, while placing a further focus on ESG-related matters; this includes advice on sustainable financial products and the implementation of the EU taxonomy regulation.
Responsables de la pratique:
Patrick Scholl
Autres avocats clés:
Marcel Hörauf; Alexei Döhl
Les références
‘We particularly enjoy working with Patrick Scholl. His extensive legal knowledge and practical approach are excellent.’
‘Dr. Patrick Scholl provides excellent and pragmatic advice with a 360° overview.’
‘Marcel Hörauf: Deep knowledge and great commitment.’
Principaux clients
DekaBank Deutsche Girozentrale
Deutscher Derivate Verband e.V. (DDV)
Principaux dossiers
Waldeck Rechtsanwälte PartmbB
Waldeck Rechtsanwälte PartmbB's regulatory advice focuses on fintech and crypto-related matters with further competencies in the transactions segment. The most recent workload pertains to licensing and owner control procedures as well as topics related to European long term investment funds (ELTIFs) and ESG. Jan Liepe (securities and financial services) and Hendrik Pielka (banking and securities law) jointly head the team, which added Lucas Paolazzi to its partner roster in January 2023; he is well versed in advising financial service providers and specialises in licensing and owner control procedures.
Responsables de la pratique:
Jan Liepe; Hendrik Pielka
Autres avocats clés:
Jens-Holger Petri; Lucas Paolazzi
Les références
‘Jens-Holger Petri is characterized by a particular understanding of the industry and a feeling for client needs. This, coupled with an extremely pragmatic advisory approach, clearly sets the law firm apart from its competitors.’
‘Very practice-oriented, committed law firm that does excellent work with in-depth knowledge and many years of industry experience.’
‘Expertise, cross-topic thinking, foresight, risk assessment, and having an opinion rather than just reciting scenarios.’
Principaux clients
Athelios Vermögensatelier SE
Austen Morris Associates
Bankhaus Scheich AG Wertpapierspezialist
BfV Bank für Vermögen AG
BCA AG
BMCE Euroservices S.A.
Development Company for Israel (Europe) GmbH
DLT Finance Holding AG
DLT Service GmbH
EUWAX Aktiengesellschaft
Gameforge AG
Hellwig Wertpapierhandelsbank GmbH
Infront Financial Technology GmbH
ING
İşbank AG
Lang & Schwarz AG
lemon.markets GmbH
mwb fairtrade Wertpapierhandelsbank AG
NatWest Bank Europe GmbH
SE TradeCom Finanzinvest
TradeCom Anlageberatung und Anlagevermittlung GmbH
Renell Wertpapierhandelsbank AG
SIX Financial Information
Sparda-Bank Berlin eG
Tradias GmbH
UmweltBank AG
Ucambio Exchange & Money Transfer GmbH
Universal-Investment-Gesellschaft mbH
vwd TransactionSolutions AG
Walter Ludwig GmbH Wertpapierhandelsbank
ICF Bank AG
Blockchain Founders Group GmbH
Impact Labs GmbH
Principaux dossiers
- Advising Tradias GmbH on the agreement and implementation of a cooperation with Deutsche WertpapierService Bank AG (dwp bank) for trading crypto assets on the Tradias platform with Bankhaus Scheich as market maker.
- Supporting BfV Bank für Vermögen AG in developing an investment advisory service for ELTIFs (European Long Term Investment Funds) in collaboration with several fund platforms.
- Advising DLT Service GmbH on taking over investment advice for funds with an investment focus on crypto assets as well as representing them in setting up a pilot project with a capital management company in collaboration with the sister company DLT Custody GmbH.