Banking & Finance
Thümmel Schütze has been advising national and international credit institutes in the private and cooperative field, savings banks and building societies, as well as financial services companies for many years with regard to all issues of banking law and capital markets, banking supervisory law, and capital investment law. We also advise credit institutes and financial services companies on liability issues, in particular advisor and prospect liability regarding the conception, distribution and mediation of capital investment and financial services.
A significant part of our banking law and capital markets practice is focused on litigation before all German courts. We have special experience in:
- the defence of claims asserted by individual investors in externally financed property investments
- the defence of claims for damages concerning alleged violations of the information and advice obligations as well as prospectus liability concerning capital investments of all kinds
- the defence of claims of third parties under guarantee, especially in a cross-border context
- the defence against claims under the German Unterlassungsklagengesetz (UKlaG)
- the defence of claims by insolvency administrators.
In addition, we represent our clients in title claims litigation, particularly concerning terminated bank giro contracts and loan agreements, guarantees, transfer of debts and additional assumption of debts both in and outside Germany. We also advise clients on the preparation and enforcement of property securities by compulsory sale and administration.
Consultation for credit and financial services companies
Another core service provided by our firm to credit and financial services companies is advising on contract arrangements, such as:
- credit and financing contracts,
- collateral arrangements
- collateral pooling agreements
- purchase and sale of receivables
In addition, our banking team advises on all issues of supervisory law.
- Financial Market Authority
- Bank Contract Law and Credit Protection
- Funds/Private Equity
- Capital Market and Investment Law
- Reorganisation and Insolvency
- Factoring and Leasing