In these chambers of our law firm, you will also find a specialist lawyer for banking and capital market law who will competently advise and represent you in court.
Banking and capital market law
We offer specialist legal expertise.
Field of activity

Specialist lawyer for banking and capital market law

Banking law covers all legal matters concerning banks. This also includes the relationship between the customer and the bank, i.e. banking contract law, money transfers and credit card transactions. Another major area revolves around loans. In addition, we advise you on capital market law cases, whereby capital investments and asset management must be examined here. This area also includes other special forms of financing, such as factoring and leasing.

Specialist lawyers for banking and capital market law have specialized knowledge in a complex and multi-layered area of law. Banking law is a broad area that encompasses many aspects of legal transactions involving banks. Our specialist lawyers for banking and capital market law deal particularly with this area and can competently assist our clients in matters relating to banks and capital investments.

Banking law covers a wide range of topics that are equally important for customers and banks. An important aspect is banking contract law. This concerns the legal relationship between bank and customer, such as opening a bank account, concluding loan agreements or issuing credit cards. The obligations and responsibilities of banks towards their customers also fall within the scope of banking contract law.

Another important aspect of banking law is payment transactions. This includes transfers, direct debits and credit card transactions between banks and their customers. In particular, the legal regulations in connection with payment transactions have become increasingly important in recent years due to the ongoing digitalization of the banking industry.

Another focus of a specialist lawyer in banking and capital market law is advising clients on matters of credit law. This includes the taking out of loans by companies or private individuals, the legal framework of loan agreements and the regulations in connection with loan defaults. Legal advice is required under which conditions a bank can grant a loan to a customer and which rights and obligations must be observed. A specialist lawyer for banking and capital market law can help here by examining the conditions of the loan agreement. The question of loan collateral also plays a major role here.

In addition to banking law, we also deal with capital market law. This concerns the legal framework for capital investments, in particular with regard to stocks, bonds and investment funds. Asset management, i.e. the professional management of assets by banks and other financial service providers, also falls within the scope of capital market law.

In the context of capital investments, the question of liability also plays a major role. A specialist lawyer for banking and capital market law advises clients on the liability of banks and financial service providers, particularly with regard to incorrect advice or a failure to provide information about the risks of investment products. The question of the liability of investors to third parties can also play a role in this context.

Capital investments must also be legally evaluated and the question often arises as to which rights and obligations must be observed in asset management. This involves, for example, the question of how an investment in an investment fund or a share affects the investor's assets and which risks must be taken into account.

A specialist lawyer for banking and capital market law can help to legally evaluate capital investments and, if necessary, enforce them against the bank or the capital investment provider. This may involve, for example, asserting claims for damages due to incorrect advice or terminating capital investments.

Special forms of financing, which also fall within the scope of capital market law, include, for example, factoring and leasing. In factoring, a company sells its outstanding receivables to a factor, which in return provides the company with a liquidity reserve. Leasing, on the other hand, involves the transfer of ownership of goods, such as vehicles or machinery, in return for a fee.

One final important topic in the area of capital market law is the regulation of banks and financial service providers. This involves compliance with legal requirements, particularly with regard to avoiding money laundering and safeguarding customer assets.

specialist lawyers

for banking and capital market law
Other lawyers

in the field of banking and capital market law
 

Legal requirements

The specialist lawyer for banking law and capital market law is educating himself in accordance with § 14l FAO in the areas of

  1. business relationships between banks and
    1. general terms and conditions,
    2. banking contract law,
    3. the account and its
  2. law governing credit agreements and credit security, including foreign business,
  3. payment transactions, in particular
    1. transfer, direct debit, bill of exchange and check transactions,
    2. EC cards and electronic/internet banking,
    3. credit card business,
  4. other banking transactions – in particular within the meaning of Section 1 (1) sentence 2 of the German Banking Act (KWG) – e.g. mortgage lending business, financial commission business, custody business, guarantee business, issuing business, consortium business including foreign business
  5. capital market and capital investment law, in particular securities trading, investment business, alternative forms of investment, asset management, asset custody,
  6. factoring/leasing,
  7. money laundering, data protection, bank fees,
  8. banking supervision law, banking law of the European Community and
  9. tax issues in banking and capital market law,
  10. special features of procedural and process law.