Banking Law and Capital Markets
The Area of Expertise of Banking Law and Capital Markets has become a major area of Thümmel, Schütze & Partner’s practice. The firm has earned a reputation for servicing clients in all matters relating to banking law and capital markets, regulation and supervision of bank operations, and investments. Members of the firm have vast experience in representing and advising domestic and foreign financial institutions in the private and public sectors, savings banks and building societies as well as financial service providers.
We advise credit institutions and institutions for financial services on liability issues, in particular on the liability of investment advisers for the violation of duties of information and liability concerning statements in prospectuses. In this field we have successfully guided clients through the difficult terrain of drafting, marketing and brokering financial investments and services.
A significant part of our Banking Law and Capital Markets practice is focused on litigation before all German courts. Our lawyers have successfully acted as defence counsels in a series of claims asserted by individual investors in the area of externally financed property investments, alleged violations of information and advice duties, and prospectus liability with regard to financial investments of all kinds. Our expertise in banking litigation further includes the defence of our financial institution clients against payment surety bond claims and guarantee claims filed by third parties – often in a cross-border context – actions under the Unterlassungsklagegesetz (Unfair Terms and Conditions Act) as well as claims by insolvency administrators. In addition, we represent our clients, both inside and outside Germany, in title claims litigation, particularly where terminated bank giro contracts and loan agreements, surety bonds, transfer of debts and additional assumption of debts are concerned. We also advise clients in the preparation and enforcement of property securities by compulsory sale and administration.
Another core service provided by the firm is in the area of reviewing, drafting and negotiating contracts at all levels, including credit loan or financial agreements, security agreements, collateral pool agreements, claims purchase agreements, cash pooling agreements or public sector agreements, partly with cross-border implications. Further, we support our clients in implementing German and EU regulations in devising new structures for contracts and in advising on provisions pertaining to bank supervision and regulation. We also conduct in-house seminars to ensure that our clients are up to date with important issues related to the aforementioned subjects.
Our expertise in Banking Law and Capital Markets is demonstrated in a number of publications. Moreover, professionals of the firm give talks at seminars on a regular basis.