At the same time, the growing use of disruptive technologies is presenting new challenges to the financial sector. New technologies and global monetary policies as well as capital market policies are forcing the sector to continually adapt corporate financing. Thus, alternative corporate financing is becoming increasingly important in addition to traditional credit financing by banks. The market for alternative capital investments has also gained in importance alongside the market for classic capital market products and has been subject to rapidly growing regulation in recent years. In all of this, it is important to keep pace with the fast-moving nature of the financial market and to keep an eye on the high security requirements.
Security awareness and regulatory know-how - this is what the financial services team at Ebner Stolz is very familiar with when it comes to providing competent advice to market participants in the financial sector.
We proactively analyze current regulatory developments and advise on their legally compliant and audit-proof implementation. In particular, we support credit institutions, capital management companies, financial service providers, payment institutions and FinTech companies in all legal matters relating to institution and product supervision as well as product design, including representation in court and vis-à-vis the financial supervisory authorities. We advise companies on questions of alternative financing and on questions of regulatory avoidance.
In providing legal advice, we work closely with Ebner Stolz's auditors, tax advisors and management consultants specializing in financial services. As a multidisciplinary consulting firm, we are in a position to offer an attractive one-stop complete consulting service, especially in complex product- or institution-related projects, taking into account all relevant legal, tax, business and auditing aspects.
Our services at a glance
- Product supervision / product conception
- Supervisory and corporate law advice on structuring and restructuring of alternative financial products, in particular investment assets, trust structures and asset management (especially in the areas of real estate, transportation, private equity, private debt, infrastructure and energy)
- Advice on prospectus preparation and preparation of subscription documents for the domestic and cross-border sale of alternative financial products, including notification and approval procedures with BaFin (Bundesanstalt für Finanzdienstleistungsaufsicht)
- Advice on the regulatory compliant acquisition of assets for alternative financial products
- Advising investors on investing in financial products, in particular checking investment compliance according to VAG/AnlV/Solvency II
- Advice on product design and sales in the FinTech sector, in particular alternative payment systems, crowdfunding, use of blockchain technology in the financial sector (in particular initial coin offering/ICO, securities token offering/STO, trading with crypto currencies), automated financial portfolio management/investment advice and digitalized financial product sales
- Advice on general banking contract law, including general terms and conditions
- Advising companies on how to avoid regulation, in particular on regulatory free capital raising, including joint ventures/club deals
- Institutional and market supervision
- Advice on the establishment and acquisition of institutions and branches, as well as on obtaining or extending institute licenses or registrations in accordance with the German Banking Act (KWG), the German Investment Bank Act (KAGB) or the German Insurance Supervision Act (ZAG)
- Advice on the structural and procedural organization of supervised institutions and other obligated parties, in particular on the establishment of risk and compliance management systems as well as institution compensation systems, capital adequacy, outsourcing, money laundering audits, transparency and disclosure obligations and other governance and conduct obligations
- Advice on reporting and notification matters and on ownership control in the context of mergers and acquisitions
- Advice on capital market compliance
- Consulting on cooperations and platform solutions, especially in the FinTech sector
- Litigation / Representation in proceedings
- Representation of credit institutions, sponsors, issuers, administrators, intermediaries and other service providers as well as institutional investors in civil law disputes, in particular in connection with prospectus liability actions and other claims for damages in connection with financial products or financial services (individual and mass proceedings)
- Representation in regulatory proceedings against the financial supervisory authority