Areas of law

Banking Supervisory Law

In the area of banking supervisory law, our clients include domestic and foreign institutions, founders and acquirers/sellers of institutions as well as companies that are somehow being targeted by the supervisory authorities.

We follow the relevant European and German legal developments from the outset, are familiar with the administrative practice of the supervisory authorities and maintain good relationships with the relevant associations.

We advise our clients and represent them vis-à-vis the supervisory authorities, as a last resort even in court.

Our range of consulting services includes the following areas:

Conduct of Business Rules under the German Securities Trading Act and supplementary European legislation (MiFID II). In this regard, we focus on the requirements for the appropriateness/suitability test and the Execution Only requirements, the appropriateness of contributions, product governance regulations and the regulatory review of advertising materials. In this context, we also advise financial investment brokers on their obligations under the German Investment Intermediaries Ordinance [Finanzanlagenvermittungsverordnung, FinVermV].

Regulatory requirements for the remuneration systems of institutions, in particular, in accordance with the German Banking Act [Kreditwesengesetz, KWG], the German Ordinance on the Supervisory Law Requirements for Remuneration Systems [Verordnung über die aufsichtsrechtlichen Anforderungen an Vergütungssysteme von Instituten, InstitutsVergV] and the Second Markets in Financial Instruments Directive [Richtlinie über Märkte für Finanzinstrumente, MiFID II]. We have been actively involved in this area since the first Ordinance on the Supervisory Law Requirements for Remuneration Systems was drafted in 2010. Together with our labor law specialists, we provide comprehensive advice to our clients on the implementation of the increasingly complex regulatory requirements.

Money laundering prevention: We assist our clients with their due diligence and organizational obligations as well as in suspected cases of money laundering; when it comes to money laundering, we also draw on the expertise of our colleagues who specialize in criminal law.

We provide comprehensive assistance for outsourcing projects in close cooperation with our colleagues from corporate law, labor law, IT and data protection.

We advise buyers and sellers of institutions on supervisory considerations, in particular on the ownership control procedure vis-à-vis BaFin and the ECB.

We provide interdisciplinary support in all relevant areas of law that are involved in the establishment of institutions. We advise our clients on supervisory law, starting from the creation the conditions for the filing of the license application (particularly the selection of suitable managers), the licensing procedure with BaFin and the ECB and the establishment of ongoing business operations.

European passport: We advise foreign companies on entering the German market and on the residual application of German supervisory law.

Avoidance of licensing requirements: Companies often run the risk of unintentionally becoming subject to licensing requirements due to their business model. In these cases, we advise on how to avoid licensing obligations under the German Banking Act, the German Payment Services Supervision Act and the German Capital Investment Code.

We provide information on selected topics at our regulatory breakfast events and in client newsletters and are academically recognized due to our collaboration on a leading KWG commentary and regular regulatory law articles in the juris PraxisReport on Banking and Capital Market Law.

Industries and Expertise

Specialists

Dr. Friedrich Bozenhardt

Partner;Attorney-at-law (Germany);Certified attorney in commercial and corporate law

Updates

News

2024

BRP RENAUD at the German Jurists Conference 2024

The 74th Deutscher Juristentag e.V., Europe’s largest legal convention, offered exciting and groundbreaking discussions in Stuttgart this year.
From 25 to 27 September 2024, around 2,300 participants discussed key issues from the areas of civil law, labor and social law, criminal law, public law, business law and media law. The resolutions passed at the convention attract a great deal of attention from politicians, scientists and the public. We were honored to have sponsored the conference and thus to have contributed to the further development of the legal landscape.

News

2024

Best Law Firms 2024: Three national and fifteen regional rankings

In collaboration with Best Lawyers, the Handelsblatt published this year for the very first time the “Best Law Firms in Germany” ranking and we are thrilled about the numerous awards we received! With three national and fifteen regional rankings, BRP RENAUD is one of the leading law firms in Germany

News

2024

FOCUS Magazin 2024: BRP RENAUD 3x ausgezeichnet

BRP RENAUD recommended once again in the latest special issue of FOCUS magazine “Recht & Rat 2024“ [legal issues and advice]: Thanks to our antitrust law practice group and the large number of recommendations we received, we are among the top commercial law firms in Germany. Congratulations to the antitrust law team led by Dr. Martin Beutelmann and Hendrik Howaldt!

News

2024

BRP RENAUD advises on the acquisition of KURZ Silosysteme by QVM Privatkapital

KURZ Silosysteme, a company that specializes in silo and plant construction, was majority acquired by the investment company QVM Privatkapital as part of a succession plan. The previous sole shareholders will remain actively involved with a minority share and the managing partner will remain managing director. With a team led by Dr. Axel Neumahr, BRP RENAUD provided comprehensive legal advice to the shareholders of KURZ Silosysteme on this transaction.

KURZ Silosysteme, founded in 1927, designs and manufactures high-quality steel silo systems for bulk materials, among other things, and acts as a reliable partner to international plant manufacturers. Through its successful fusion of state-of-the-art technologies, cross-industry expertise and decades of experience, KURZ Silosysteme has developed into a globally sought-after expert for the engineering and manufacture of silos, as well as complex silo systems.

QVM Privatkapital is an independent, owner-managed investment company that provides equity capital to mid-sized companies in German-speaking regions. The capital is invested by QVM management and a fixed group of successful entrepreneurs.

The acquisition by QVM Privatkapital is intended to ensure that KURZ Silosysteme remains on a successful growth path and achieves further technological advances.

More updates

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