Private Banking
Our aim is to act as a reliable partner, enabling you to focus on your core business. We advise on the drafting and review of pre-contractual and contractual arrangements with institutional and private clients, including account agreements and credit or card-related documentation. In doing so, we pay particular attention to the increasing requirements under European consumer and contract terms legislation and safeguard your operational flexibility in a complex regulatory environment. We also advise on all civil law issues arising in the context of account management, lending, collateralisation, leasing, payments, custody and depositary business, as well as asset management. Closely connected are regulatory requirements that directly affect the contractual relationship, such as obligations relating to product exploration and the offering of suitable and appropriate financial instruments under the German Securities Trading Act (WpHG).
Banking Litigation
In banking-related disputes, our work focuses both on large-scale mass litigation and on strategically significant stand-alone cases that are characterised by their signalling effect or by exceptional factual and legal complexity. We represent clients before state courts and in arbitration proceedings. Disputes involving complex financial products and their multi-layered legal aspects are inherently unique
These matters require developing a strategy tailored to the specific case – both legally and procedurally. As such disputes often hinge on a precise and comprehensive analysis of the facts, a deep understanding of the underlying processes and financial products is essential. Our interdisciplinary team, which includes professionals with many years of in-house experience in the banking sector, ensures this level of insight.
Banking Regulatory Law
For financial institutions, banking law is, by its nature, closely tied to supervisory law. Conducting banking business is, as a rule, subject to prior authorisation. We cover the full range of banking regulatory matters. Our services include advising on licensing procedures, owner control proceedings, capital and liquidity requirements, deposit protection issues, notifications relating to the appointment and removal of managing directors (fit & proper), cross-border structures, and matters involving special representatives, resolution administrators and licence withdrawals.
Beyond our technical expertise, clients benefit from our longstanding experience with national and European supervisory authorities. In regulatory matters, administrative practice – particularly that of BaFin, the Deutsche Bundesbank and the ECB – is often decisive. In addition, our academic work contributes to shaping the discourse in banking regulatory law. We serve as editors and authors of leading commentaries and handbooks and teach banking law at several universities.
Capital Markets Law
Given the close interconnection between capital markets, corporate and financial regulatory law – core strengths of our firm – we bring substantial experience and deep expertise to capital markets matters. We advise clients on investments and public offerings in the German and European capital markets, whether through analogue or digital issuances. Our practice includes advising on capital measures, public takeover offers under the German Takeover Act (WpÜG) and prospectus-related issues. Delistings also form part of our advisory portfolio.
New transparency requirements in the sustainability space and tightened rules on capital markets disclosure present challenges for market participants. Our broad practice covers these developments as well as specific questions of capital markets compliance, including notification and publication duties relating to voting rights. Under the Market Abuse Regulation, we advise on all aspects of insider law, ad hoc disclosure, market manipulation and directors’ dealings. We assist clients in structuring compliant organisational processes and represent them before BaFin and in administrative fine proceedings and any related civil damages litigation.
Publications in Banking and Capital Markets Law
Key works in banking and capital markets law to which we contribute as editors or authors include:
- Fischer/Schäfer/Schulte-Mattler/Schulte-Mattler, KWG, 7th ed. 2026 (forthcoming)
- Kümpel/Mülbert/Früh/Seyfried, Bankrecht und Kapitalmarktrecht, 7th ed. 2025
- Seibt/Buck-Heeb/Harnos, BeckOK Wertpapierhandelsrecht, 13th ed. 2025
- Ellenberger/Bunte, Bankrechts-Handbuch, 6th ed. 2022
- Assmann/Schneider/Mülbert, Wertpapierhandelsrecht, 8th ed. 2023
- Marsch-Barner/Schäfer, Handbuch börsennotierte AG, 6th ed. 2025