Banking and Capital Markets Law
Banking and capital markets law is a central focus of our commercial law firm.
We advise and represent private individuals, entrepreneurs, shareholders and investors throughout Germany and internationally in legal disputes with banks, savings banks, financial service providers, asset managers, issuers and other market participants. In addition, we are active in large-scale mass damages and insolvency proceedings, where we represent the interests of investors.
This area of law encompasses both classic banking law and capital markets law. While banking law primarily concerns the legal relationships between customers and credit institutions, capital markets law deals with capital investments, securities, asset investments and the rights of shareholders vis-à-vis the company.
In banking law, we support clients with disputes arising from loan agreements, faulty investment advice, asset management, account freezes and account terminations, as well as liability questions in connection with payment services and online banking fraud. Especially given the rise in cybercrime, claims against banks and payment service providers are becoming increasingly important.
In capital markets law, we represent injured investors in cases of faulty capital investments, investment fraud, crypto fraud, fixed-deposit fraud and fraudulent trading platforms, as well as in enforcing damages claims for advisory errors or inadequate risk disclosure. We also examine claims relating to asset investments, securities transactions and unauthorised financial services.
Our firm combines classic expertise in banking and capital markets law with a particular specialisation in modern forms of fraud in the financial sector. This combination enables us to handle both traditional banking law disputes and complex national and international investor proceedings comprehensively.
Below you will find more information on our individual focus areas in banking and capital markets law.
Our focus areas
Investor representation & damages
- Enforcement of damages claims in cases of investment fraud, prospectus errors or faulty investment advice.
- Representation of investors in individual and collective proceedings.
Representation in insolvency proceedings
- Filing of claims and representation of investors in insolvency proceedings (e.g. UDI, P&R, Wirecard).
- Enforcement of claims against insolvency administrators.
- Representation in creditor committees.
Liability of banks & financial service providers
- Review and enforcement of claims in cases of mis-advice, breaches of duty or conflicts of interest.
- Assertion of damages against credit institutions and advisors.
- We assert damages claims in phishing cases.
Capital markets supervision & regulation
- Support with questions on BaFin requirements, the German Securities Trading Act (WpHG) and MiFID II.
- Advice on disclosure obligations, prospectus liability and investor protection laws.
Distribution of financial products
- Legal support in structuring and distributing funds, bonds and asset investments.
- Enforcement of claims in cases of faulty or impermissible product sales.
Protection against unlawful clauses & fees
- Review of terms and conditions, early repayment penalties, processing fees or excessive charges.
- Enforcement of reimbursement claims against banks.
Collective proceedings & model cases (KapMuG)
- Representation of injured investors in capital investor model proceedings.
- Bundling of interests for cost-efficient enforcement of damages.
Restructuring & reorganisation
- Advice on restructuring and reorganisation.
- Creditor representation and claims management in complex proceedings.
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We review your inquiry promptly and discuss the next steps together with you for your competent representation.