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Banking & Finance

Germany

A strong team for Banking & Finance

The Banking & Finance team at CMS comprises more than 50 lawyers serving clients throughout Germany, operating mainly out of our Berlin, Frankfurt, Hamburg, Cologne and Stuttgart offices. We advise on the full range of banking law and finance:

Our clients include banks, financial services providers, private equity investors and arrangers – from SMEs to international corporations. Due to our structure and versatility, we are the perfect choice for legal advice on projects of any size and complexity.

Focusing on client needs – nationally and internationally

As part of the global CMS organisation, CMS Germany can draw on an international network of lawyers and tax advisors. These resources include 250 experts for banking & finance law. Depending on the particular requirements, we assemble international teams led by an experienced lawyer, usually a partner in the firm.

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    Banking Law and Regulation

    CMS Germany is your specialist for all banking-specific legal issues. We provide support to clients optionally as an outsourced legal department or to complement their own in-house lawyers. Our banking expertise covers banking contract law, advice on dispute resolution, compliance issues, new banking products and financial instruments, and the German Securities Trading Act (WpHG).

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    Finance

    The finance team at CMS Germany helps you develop solutions for your particular financing requirement, working closely with the project managers and lawyers within your organisation.

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    Capital Markets

    Capital markets never stand still. Stock exchanges around the world face increasing regulation, while tougher legislation requires corresponding changes to the way companies fund themselves. At the same time, capital market products are gaining in importance against a backdrop of historically low interest rates, while new technologies are creating completely new opportunities for issuers and shareholders. Operating successfully in this environment requires both in-depth expertise in capital markets law and proven international capabilities – something we can offer.

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    June 2018
    CMS in­tro­duces Private Place­ments on­line Ques­tion­naire

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    Andreas Göller
    20/11/2017
    CMS Private Place­ment Guide
    22/11/2018
    New re­port | Con­nec­ted Fu­ture: in­vest­ment op­por­tun­it­ies in the rad­ic­ally...
    Tech­no­logy-driv­en trans­form­a­tions are not only dis­rupt­ing our every­day lives, but are also rad­ic­ally trans­form­ing the in­fra­struc­ture sec­tor. On the one hand, in­nov­a­tion is driv­ing an up­grade of ex­ist­ing in­fra­struc­ture, such as di­git­al; on the oth­er hand, it.
    15/11/2018
    What is the fu­ture of float­ing rates?
    The in­ter­b­ank mar­ket rates have served as a ref­er­ence for float­ing rates for all bor­row­ers for many years. Com­pan­ies and in­di­vidu­als that in­cur debt at float­ing rates are also ap­plied In­ter­b­ank Offered Rates (IBORs), such as EUR­I­BOR, LIBOR or TIBOR, de­pend­ing.
    21/09/2018
    EU to define €100’s of bil­lions pa of sus­tain­able in­vest­ment
    It is easy to ask: what does sus­tain­able in­vest­ment mean? The an­swer is not simple even though a lot rides on it. In the EU cli­mate and en­ergy space alone, the EU es­tim­ates that ad­di­tion­al sus­tain­able in­vest­ment will need to rise to €180 bil­lion per an­num (on.
    10/09/2018
    Brexit and the in­sur­ance sec­tor – in­form cus­tom­ers about Brexit’s...
    The European In­sur­ance and Oc­cu­pa­tion­al Pen­sions Au­thor­ity (“EIOPA”) provided an opin­ion on in­form­ing cus­tom­ers about the im­pact of the with­draw­al of the United King­dom from the European Uni­on (“Opin­ion”).
    27/07/2018
    Oil and Gas - "Hanged on a Comma"? Punc­tu­ation in Fin­an­cing Agree­ments
    Sum­mary In Vit­ol E&P Lim­ited v New Age (Afric­an Glob­al En­ergy) Lim­ited [2018] EWHC 1580 (Comm), the Com­mer­cial Court was asked to con­sider the re­la­tion­ship between a cor­por­ate lend­ing fa­cil­ity and a re­serve based lend­ing fa­cil­ity.
    13/06/2018
    EU tem­por­ary meas­ures on CF­Ds and bin­ary op­tions
    On 22 May 2018, the European Se­cur­it­ies and Mar­kets Au­thor­ity (“ESMA”) ad­op­ted two de­cisions im­ple­ment­ing tem­por­ary product in­ter­ven­tion meas­ures. These de­cisions re­strict the mar­ket­ing, dis­tri­bu­tion and sale of con­tracts for dif­fer­ence (“CF­Ds”) and bin­ary.
    29/03/2018
    Study on Ini­tial Coin Of­fer­ings - New means of fun­drais­ing
    At first glance, it is hard to be­lieve and to un­der­stand the claim of en­thu­si­asts that Block­chain tech­no­logy is sup­posed to be com­par­able with the spread of the in­ter­net in the 90s.   It would there­fore be a con­sequence of the tech­nic­al, even dis­rupt­ive in­nov­a­tions.
    01/02/2018
    Cap­it­al gains on crypto­cur­ren­cies: what hap­pens un­der the Bel­gian...
    Crypto­cur­ren­cies have re­cently at­trac­ted a lot of at­ten­tion, with many in­vestors seek­ing to be­ne­fit from this new trend. Be­ing a re­cent phe­nomen­on, crypto­cur­ren­cies are not yet sub­ject to spe­cif­ic rules in Bel­gi­um.
    19/01/2018
    Changes to Bel­gian SME fin­an­cing law rel­ev­ant to fin­an­cing trans­ac­tions
    A new Law dated 21 Decem­ber 2017 amends the Bel­gian Law re­lat­ing to the fin­an­cing of small and me­di­um-sized en­ter­prises ( the “SME Fin­an­cing Law”). These amend­ments are par­tic­u­larly rel­ev­ant to lenders en­ter­ing in­to syn­dic­ated loans, fin­an­cing ar­range­ments.
    20/09/2017
    Pub­lic Coun­try-by-Coun­try Re­port­ing; Tax­pay­er­s' Rights
    Ap­pro­pri­ate Use of Coun­try-by-Coun­try Re­ports The OECD has now pub­lished Guid­ance (avail­able here) on the ap­pro­pri­ate use of Coun­try-by-Coun­try Re­ports (‘Cb­CRs’) by na­tion­al tax au­thor­it­ies. This is in re­sponse to some val­id MNE con­cerns that tax au­thor­it­ies.
    26/06/2017
    The Re­cast EU In­solv­ency Reg­u­la­tion be­comes ef­fect­ive today
    Since May 2002, we have had a re­gime which en­sures that an in­solv­ency pro­ceed­ing star­ted in one of the EU’s mem­ber states is, without fur­ther form­al­ity, re­cog­nised in all oth­er mem­ber states (ex­cept for Den­mark) and which de­term­ines the law ap­plic­able to such.