Capital Market Law

Capital market law advice and representation - prospectus liability and deficient investment advice in closed-end funds - Leasing and financing support


Capital Market Law

In capital markets law, we advise banks, companies and private individuals in the area of traditional banking law, in the structuring of funds, in the drafting and issuing of prospectuses as well as in matters of prospectus liability and liability for deficient investment advice. In addition, leasing transactions and structuring occupy an important position in capital market law advice.

We have extensive experience in the area of closed-end funds. Typical funds on which we focus our advice in capital markets law include ship funds and real estate funds. We represent issuing houses and so-called founding shareholders in their defence against prospectus liability actions. We represent our clients in (individual) prospectus liability proceedings as well as in (collective) capital investor test proceedings under the Act on Model Proceedings in Capital Market Law Disputes (Gesetz über Musterverfahren in kapitalmarktrechtlichen Streitigkeiten - KapMuG) before many courts in Germany. Before the BGH, we work closely with renowned BGH lawyers with a focus on capital markets law.

Depending on the facts of the case and the interests involved, we also conduct out-of-court negotiations or represent clients in arbitration proceedings under capital markets law. On the other hand, we initiate regulatory proceedings on the grounds of defective prospectuses and conduct litigation on the grounds of defective prospectuses or defective investment advice for aggrieved investors.

We also advise on all issues related to the German Banking Act.

Finally, financing aids and financing alternatives are also important in capital market law. Instead of a classic loan, leasing in various forms is just as important in business life as so-called subordinated loans and other mezzanine financing.

Our main areas of advice in capital markets law are the following:

  • Drafting and issuing prospectuses
  • Prospectus liability proceedings
  • Deficient investment advice
  • Traditional banking law
  • Drafting of leasing contracts
  • Banking Act