Advising banks has been one of our core practice areas since the establishment of Schalast & Partner. The cornerstone of this advice is our Banking & Finance practice group, which legally advises and represents banks with respect to all banking and banking supervisory law issues. We ensure the closest possible collaboration with our other practice groups when advising banks.
Besides advising on all banking and banking supervisory law issues, we in particular advise and represent banks with respect to the following key issues:
- Company law structuring issues, in particular in view of the regulations of the German Banking Act, the Capital Requirements Regulation (CRR) and other supervisory law legislation.
- International company law structuring issues.
- Employment law issues, specifically also with respect to banking supervisory law issues, e.g. in light of the Remuneration Ordinance for Institutions.
- Competition law and freedom of speech issues.
- Issues in connection with data protection and compliance.
- Legal arrangements in connection with the IT systems of banks, in particular with respect to contract structuring in compliance with supervisory law provisions and the administrative practice of supervisory authorities.
- Questions relating to particularly valuable collateral, such as real estate, aircraft and ships.
- Dispute resolution, whether in relation to disputes between various banks or with other third parties before all national and institutional courts and (international) arbitral tribunals, in particular before banking supervisory authorities.
- Projects in connection with companies which provide – often online – banking and insurance-related services and pursue such business models (“FinTech” companies).