In the area of banking and capital markets law, we represent our clients in questions related to credits and loans (e.g. in connection with corporate financing, real estate and property loans and consumer loans) and collateral security law (e.g. in connection with guarantees, land charges, mortgages and liens). We advise ahead of the conclusion of financing transactions and the granting of loans, provide support in refinancing and follow-up financing as well as on the enforcement and securing of creditor claims in legal action or in the event of insolvency of the debtor.
In addition, we advise clients on all matters relating to the business relationship between banks and its customers, in particular with regard to deposit transactions, bank card and credit card transactions as well as payment transactions and other payment services (credit transfers, direct debits, cheques and bills of exchange, payment services on the Internet, electronic payments), but also in connection with custody, investment and forward businesses, lockers and other forms of asset safekeeping.
In the area of investment consulting and brokerage as well as asset management, the importance of obligations to provide information and advice in the provision of investment services remains as high as ever. We advise and represent investors both in the execution of capital investments and in connection with the violation of the principles of investor-/investment-oriented advice in the regulated and grey capital markets (e.g. in connection with the acquisition of shares, investment funds, closed-end funds, bond and SWAP transactions).
We support credit institutions, independent consultants and brokers as well as sales assistants in the defence against consequences of liability in the event of violations of civil and securities trading law obligations to disclosure, inform and advise as well as their restrictions (e.g. in execution-only transactions or discount brokerage) and limitations (issues of burden of proof and limitation of actions).
We support collection service providers and factoring companies in drafting internal and external contracts, in asserting their rights against customers, in determining their scope of obligations, in defending against unjustified claims and in collecting remuneration claims. In the relationship with third parties, we enforce contentious customer claims after objection in the dunning procedure specifically in judicial proceedings and return the titled claims back to processing for enforcement.
Furthermore, we support our clients in connection with the conclusion of finance leasing contracts and factoring agreements.