Banking Regulatory

Our advice starts at market entry with the setting up of an institution – we advise on the regulatory licensing procedure as well as on the implementation of the organizational structures required by regulatory laws. Foreign market participants using the European Passport system under CRD IV, MiFID or PSD are advised mainly on the residual validity of German regulatory laws.

Rendering ongoing regulatory advice, we advise comprehensively on outsourcing projects together with our colleagues from the corporate, labor & employment, IT and data protection departments. Regarding AML, we advise on the duties of care and organizational duties as well as on SARs, also using the expertise of our colleagues specialized in criminal law matters. We have considerable experience on the implementation of the regulatory requirements on remuneration systems. Other special expertise includes the SSM and the regulator’s automatic access to account data.

We advise investors comprehensively on the regulatory issues of acquisitions of institutions, in particular with regard to the regulatory shareholder screening procedures.

We also advise non-regulated entities on avoiding regulatory license requirements under the German Banking Act (Kreditwesengesetz), Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz) and the Capital Investment Code (Kapitalanlagegesetzbuch).