Partner
Attorney at Law (Germany)
Financial Services
The banking and financial services sector is one of the most heavily regulated industries, both nationally and at a European level. Consistent adherence to regulatory requirements is crucial for successful operation in this market environment. We support you – from market preparation and entry, through maintaining your license, to the implementation and further development of an integrated GRC system that effectively links compliance, anti-money laundering, and risk management processes and efficiently maps regulatory requirements.
Frank Reutter
Partner
Auditor, Certified Tax Advisor, CISA, Graduate in Business Informatics
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Our financial services offering
We pave the way when you …
- plan a market entry or licensing as a BaFin-regulated company.
- would like to have a reliable partner by your side as an issuer of financial instruments.
- would like to outsource your fund administration, in whole or in part, to an experienced specialist.
- are looking for a trustee, controller of funds, or an AIF depositary.
- would like to have your need for action in this intensely regulated environment anticipated by experts.
- as a company in the real economy, have questions in the area of banking, financial market, and supervisory law, especially in connection with BaFin and the Deutsche Bundesbank.
- would like to build a GRC system tailored to the financial services industry.
- have questions about anti-money laundering, Third Party Risk Management, or Third Party due diligence, or similar.
- fall under the Digital Operational Resilience Act (DORA) as a financial undertaking or ICT service provider.
Our expertise for your field of activity
Investment and Capital Investment Law
- Conception of investment products and assessment of the applicability / relevance of, among others, the German Investment Code (KAGB), the German Capital Investment Act (VermAnlG), the German Securities Prospectus Act (WpPG), the EU Prospectus Regulation, and the PRIIPs Regulation.
- Structuring and distribution approval of investment funds (AIF/UCITS) and other capital investments (loans, bonds, etc.).
- Structuring of Family Funds
- Consulting for capital management companies (KVGen) and EU/EEA or third-country fund management companies regarding the German market.
- Compliance Consulting / Support for Fund Management Companies
- Drafting and negotiation of outsourcing contracts and SLAs, including outsourcing management and outsourcing controlling.
- Securities Law and Securities Trading Act (WpHG)
- Market Abuse Regulation (MAR)
- Support/execution of BaFin licensing and registration procedures, as well as EU passporting procedures (inbound/outbound).
- Sustainability/ESG (Disclosure Regulation (SFDR), Taxonomy Regulation, etc.)
Banking and Financial Market Supervisory Law
- Conception and review of business models regarding the applicability of supervisory requirements.
- Consulting on banking transactions, financial services, and securities services.
- Support for / execution of BaFin authorization procedures.
- Cross-border Financial Services/Branches (inbound/outbound, EU passporting procedures)
- Anti-Money Laundering according to the Anti-Money Laundering Act (GwG)
- Ongoing support for institutions (including regulatory compliance)
- Drafting and negotiation of outsourcing contracts and SLAs, including outsourcing management and outsourcing controlling.
- Drafting and review of contracts/general terms and conditions for banks, financial service providers, securities institutions, sales units, among others.
- Drafting of loan agreements, including shareholder loans and subordinated loans.
- Review/drafting of investment guidelines.
- Establishment of Family Offices
- BaFin Exemption Procedures
- Consulting and support for BaFin-exempt financial investment intermediaries (§ 34f GewO, FinVermV).
Payment Services
- Conception and review of business models for applicability of the Payment Services Supervisory Act (ZAG) and possible exemptions.
- Consulting on payment services (e.g., acquiring business, money remittance business, and payment initiation services).
- Evaluation of E-money requirements
- Support for / execution of authorization procedures for payment institutions and e-money institutions.
- Ongoing support for institutions
- Drafting and negotiation of outsourcing contracts and SLAs, including outsourcing management and outsourcing controlling.
- Design of Voucher Systems
- Regulatory Design of Loyalty Programs
FinTech/Blockchain
- Consulting on digital business models and coordination with BaFin.
- Crowdinvesting
- API Banking
- Cooperations with White-Label Banks
- Token Issuances
- NFTs
- Electronic Securities
- Regulation of Crypto-Asset Markets (MiCAR)
Anti-Money Laundering
- Audit according to the Anti-Money Laundering Act (GwG)
- Risk-based analysis & evaluation according to GwG and BaFin requirements.
- Consulting on the establishment of procedures, responsibilities, and control systems for anti-money laundering.
- Conducting employee training on money laundering and terrorist financing risks.
- Analysis and optimization of processes for submitting suspicious activity reports to the FIU.
- Consulting on compliance with sanction lists & PEP screening.
- Consulting on new requirements such as the Green Claims Directive or updated BaFin interpretations.
- Conducting special audits and forensic investigations in cases of suspicion.
Third Party Management
- Development and implementation of policies, roles, and responsibilities for third-party management.
- Risk Assessment & Classification of Third Parties
- Third Party due diligence: Assessment of integrity, financial stability, compliance, data protection, and ESG aspects of potential partners.
- Regulatory Gap Analyses: Assessment of TPRM conformity with requirements such as DORA, EBA Guidelines, MaRisk, or BAIT.
- Monitoring & Reporting Systems, TPRM Tool Selection & Implementation
- Outsourcing Compliance & Contract Review
- Incident Response & Exit Strategies
- Training & Awareness Measures
Digital Operational Resilience Act (DORA)
- Consulting on ICT risk management against digital risks.
- Regular checks of resilience against cyberattacks.
- Reporting obligations to supervisory authorities.
- Control of security standards of external IT service providers.
- Documentation of all measures for digital security.