Financial and insurance supervision
Financial oversight legislation provides the legal framework for players in the regulated financial market. The regulatory requirements pose a major challenge for financial firms required to integrate these regulations into their business processes. This raises the key question of how financial companies can use the regulatory challenges in Germany and the global markets for profitable growth or strategic realignment.
Our approach
A regulatory framework that is changing rapidly and constantly, additional EU regulations, and requirements from regulators such as the German Financial Supervisory Authority (BaFin) or the Financial Sector Supervisory Commission (CSSF) are the main challenges facing companies in the area of financial oversight. Strong regulatory action must also be identifiable.
Our team of experts has many years of in-depth knowledge of the regulated financial market. With a multidisciplinary approach and a focus on the key business factors, our experts provide you with comprehensive, all-encompassing advice in the sense of "one-stop-shop" consulting – from the initial idea to implementation to ongoing consultation.
Our services
In the area of financial oversight legislation, we offer you the following consulting services:
- Strategic consulting
- Scope of the statutory permission requirement and implementation advice (e.g., processes, manuals, and equipment)
- German Financial Supervisory Authority (BaFin) permission and registration procedure
- Capital requirements
- Reporting requirements
- EU passporting procedure
- Cross-border management of alternative investment funds (AIF)
Advice on investment structures
- Asset class focus: real estate, private equity, mezzanine/debt, renewables, and aircraft
- Regulated open and closed fund vehicles
- Non-regulated investment vehicles
- Corporate and real estate bond structures
- Joint venture consulting
- Advice on investment vehicles in Luxembourg
- Contractual and corporate legal advice (including fund documentation)
- Issue prospectus: German Investment Code (KAGB), German Securities Prospectus Act (WpPG), and German Capital Investment Act (VermAnlG)
Consulting on transactions/financing
- Regulatory transaction consulting (inbound/outbound)
- Regulatory financing advice
Consulting for banks and financial services companies
- Strategic consulting
- Start-up advice and authorisation procedures
- German Securities Trading Act (WpHG)/ Markets in Financial Instruments Directive (MiFID II) consultation (processes and sales documents/training)
Consulting for Fintech/Insurtech/Protech
- Legal Operating Model (LOM) and functional model for the start-up phase
- Accreditation process in accordance with the German Payment Services Oversight Act (ZAG) / German Banking Act (KWG)
- German Securities Trading Act (WpHG)/German Insurance Supervision Act (VAG)
- Drafting of contracts
- Ongoing regulatory advice
- Consulting / liaising with regulatory authorities involving IT legislation / data protection laws / IP legislation
- Integration of Money Laundering Act processes
- Consulting in conjunction with investors
- Crowdfunding / Crowdlending
Consulting in outsourcing/insourcing
- Analysis of outsourcing opportunities
- Cross-border outsourcing
- Contractual implementation
- Notification procedure
- Post-outsourcing process support
- Insourcing process support
Consulting for business managers
- Regulatory approval processes
- Liability consulting
- Regulatory remuneration schemes
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